Permanent Resident Spouse Visa
If you are a lawful permanent resident or green card holder, you may legally petition for your husband or wife’s green card, subject to certain restrictions. Spouses of permanent residents are considered “preference relatives” and are subject to visa numerical limitations. Visa processing dates may be checked for this class may be monitored under Category F2A of the Visa Bulletin.
Required Documents for the Marriage Petition Process
Aside from the legal forms that must be filed, there are some necessary civil documents that need to be obtained prior to filing including:
- Birth Certificates (Petitioner and Beneficiary)
- Proof of Lawful Permanent Residence (Petitioner)
- Marriage Certificate
- Death Certificates (if applicable)
- Divorce Decrees (if applicable)
- Three Previous Years of Tax Returns (Petitioner)
Any foreign documents not originally in English must be accompanied by an English translation.
Immigration Attorney Representation For Forms and Process
Entering into a bona fide, real marriage for the right reasons is only the first step to legal permanent residence. There are many issues that need to be examined in connection with these types of cases including:
- Adjustment of status vs. consular processing
- Manner in which the Petitioner received permanent residence
- Criminal issues
- Fraud or misrepresentation issues
- Entry issues
- Previous periods of presence
- Previous immigration status
- Legal termination of all previous marriages
- Different residences
- Lack of joint documents
The act of marriage, by itself, does not necessarily confer any immigration benefits upon an individual or allow a person to stay here. Applications such as the I-130 must be affirmatively filed, but before an application can be filed, you must ensure that the foreign born spouse is legally eligible to immigrate. This is especially true for these types of cases because unlike spouses of U.S. citizens, spouses of permanent residents are not considered immediate relatives and are therefore not afforded the same type of protection and leeway that husbands and wives of U.S. citizens enjoy.
Legal Aid for Spouse Visas to the USA
Our attorneys have focused on family immigration for more than 17 years and have a wealth of practical experience — not just book knowledge — that enable them to give you unique insight into the adjudication process and help you to identify issues that may need to be addressed. Contact us now to get started.