Ready to bring your spouse to the U.S.?
Navigating the I-130 visa process can be daunting, but it’s essential for securing your spouse’s Green Card.
Imagine the relief of knowing your loved one’s application is in expert hands, moving swiftly through the system.
In this guide, we break down the steps to filing the I-130 petition, ensuring a smooth and efficient journey.
Want to reunite with your spouse sooner? Let’s dive in.
If you are a U.S. citizen who intends to sponsor your foreign-born husband or wife for a U.S. Green Card (lawful permanent residence), you or your immigration lawyer will start the application process by filing a visa petition, Form I-130 (Petition for Alien Relative).
Your immigration attorney will mail this form (with accompanying documents and fee) to U.S. Citizenship and Immigration Services (USCIS). If your spouse is currently residing overseas, your spouse will only be able to proceed with the Green Card application after the I-130 is approved, using a procedure called “consular processing.”
If your foreign-born spouse is already in the United States after a legal entry, he or she is likely eligible to “adjust status” (apply for a Green Card) at a USCIS office without having to leave the United States. In this case, you do not need to submit the I-130 and wait for its approval before submitting the adjustment of status application (I-485 and accompanying forms and documents). The two can be submitted to USCIS all at once.
It is important to note, however, that physical presence in the U.S. is not enough by itself to render an immigrant eligible to adjust status. If, for example, your spouse entered the U.S. illegally, he or she is likely not eligible to adjust status but can only use the consular processing procedure and may need a waiver of past unlawful presence as well.
In these cases, you may want to contact a local immigration lawyer in Miami, Florida, for assistance. For more information, please visit tmsilvalaw.com, or contact The Law Office of Tatiane M. Silva, P.A., Esq. at 305-895-2500 (office).