Lee & Garasia, LLC
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  • "I would definitely recommend Mr.Lee and Garasia as an immigration attorney because they did a great job with my case i.e. of Adjustment of Status (i-485). Mr. Lee helped us in each and every detailed information and prepared to the best of it. It was all well done and would like to appreciate." Read More

  • "I would like to thank my lawyer Mr Lee & Garasia and the staff for all immense help and patience throughout this entire process, I really appreciate your constant attention to my case, as well to my questions and my concerns. You've really made this process much more comprehensive to me, which I greatly appreciate." Read More

  • "Mr. Lee and Ms. Garasia did a great job with my renewal of my permanent residence application. They help prepare the paperwork with such a great attention to details and accuracy. I will recommend the law firm every time." Read More

  • "Mr. Lee did a great job with the renewal of my permanent residence application. My case was very time sensitive and they worked really fast on my case with great detail and accuracy. I will recommend the law firm every time." Read More

  • "I would recommend Attorney Paris Lee for anybody who needs immigration consultation. Mr. Lee is THE lawyer who respects and cares clients. Mr. Lee is professional and honest. Bottom line, preparation for the results and NO BS!" Read More

  • "Stalin - Lee did a wonderful job, Got my wife her visa in one year. He is extremely helpful and knowledgeable. I would highly recommend him for all your immigration needs." Read More

  • "Hello. I appoint him as my immigration lawyer and that way he solved my cases was truly amazing. He was so honest and knowledgeable for his work.He solved my all family immigration issues and because of his effort we were able to get done our immigration work done successful. Thank you lee and garasia." Read More

  • "Lee & Garasia stand for accountability and responsibility. They are reliable, honest and are always constructively looking for a solution. A big thanks :)" Read More

What is the Spouse Visa Requirement?

There are actually a couple of requirements (as well as obligations) that a US Citizen or Lawful Permanent Resident must meet in order to successfully petition for his/her spouse's marriage-based immigrant visa or status.

1) The marriage has to be bona fide. As obvious as this is, it is always worth repeating that you have to a real, genuine marriage with your spouse that was entered into with the right intentions.

2) The marriage has to be legal. This is an often overlooked but very important eligibility requirement. The presence of a marriage certificate does not necessarily establish that the marriage is legal if, for example, the petitioner or beneficiary has not legally terminated all previous marriages. If a prior marriage has not been properly dissolved, the current marriage may, in fact, be legally invalid despite the presence of a marriage certificate.

3) The petitioner has to execute an Affidavit of Support, which is a binding contract between the Petitioner (in other words, the US Citizen/Green Card Holder Sponsor) and the US Government that he/she will support the immigrant at 125% of the federal poverty guideline level. Moreover, if the immigrant takes any means-tested benefits from the government, the contract ensures that the federal government may seek reimbursement from the sponsor. If the sponsor does not earn enough money, this may present an obstacle to the spouse's green card application unless a Joint Sponsor can be located.

4) The Affidavit of Support is binding even after a marriage is terminated. This may come as a surprise to a lot of people but the sponsor's obligation under the I-864 will continue even if the couple subsequently divorces after the immigrant obtains his/her green card. There are certain benchmarks after which the sponsor's obligation ends, ie., after the immigrant has worked for ten working quarters or after the immigrant becomes a United States Citizen, whichever comes first.

5) If the immigrant receives a conditional green card, the sponsor and the immigrant will normally be expected to file the I-751 to remove the conditions on the immigrant's permanent residence. While the sponsor is not absolutely required to join in or support the petition for the immigrant's permanent green card, his/her signature and cooperation-if the couple are still married--are normally necessary to ensure that the spouse is legally eligible for the permanent grant, unless the immigrant plans on filing for a waiver.

We hope that you have enjoyed this article and learned at least one new thing or tip that you may not have known. To keep informed about the latest developments in immigration law, please subscribe to our blog feed by clicking on the "Subscribe To This Blog's Feed" button on the right. It is important to understand that the above is only general information and not legal advice. It does not create an attorney-client relationship nor should it be relied upon as legal advice. The law is extremely fact and circumstance sensitive. For an individual legal analysis of your specific legal case, please complete the "Case Evaluation" box to the right of the screen to get in touch with one of our attorneys.

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PROFESSIONAL RECOGNITION

    • The National Advocates | Top 100 Lawyers
    • Rated by Super Lawyers | Angie Garasia | 5 Years
    • Avvo Rating 10.0 | Superb
    • Client Distinction Award martindale.com | 2016 Martindale-Hubbell Client Distinction Award
    • New Jersey State Bar Association | Paris Lee Chair - Immigration Section 2015-2016
    • Nationally Recognized | Newsweek Nationwide Showcase | Top Attorneys 2013
    • New Jersey Chapter | American Immigration Lawyers Association | Angie Garasia | Chapter Chair 2015-2016
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Lee & Garasia, LLC
190 State Route 27
Edison, NJ 08820

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