Do I need to hire an attorney to apply to bring my Spouse to the U.S.?
No! You can apply without an attorney. However, many applicants run into issues by making simple mistakes, or not understanding how a wide range of topics may impact an application. As a result having an attorney support your journey can be invaluable giving you security everything is being done correctly.
What are the steps for legally bringing my Spouse to the U.S.?
Depending on whether your Spouse is located outside or inside the U.S. the process is a little different.
If your Spouse is located outside the U.S., these are the general steps:
1. File I-130, Petition for Alien Relative with USCIS, this is the step where you will provide appropriate evidence to prove to USCIS that you and your fiancé meet the requirements.
2. Applying for a Visa, after your USCIS petition is approved USCIS will notify the National Visa Center (NVC). Once a case is created by NVC, your fiancé will be able to apply to the Department of State with a DS-260, Online Immigrant Visa Application along with required documentation and I-864 – Affidavit of Support.
3. If you have not been married to your Spouse for at least two years it is likely your Spouse will be given a two-year conditional lawful permanent resident, and your Spouse will need to remove the conditions.
If your Spouse is located inside the U.S., these are the general steps:
1. File I-130, Petition for Alien Relative with USCIS, this is the step where you will provide appropriate evidence to prove to USCIS that you and your fiancé meet the requirements.
2. File, usually at the same time as your I-130, Petition for Alien Relative, you will also file an I-765 – Application for Employment Authorization, I-864 – Affidavit of Support, I-485 – Application to Register Permanent Residence or Adjust Status, and I-693 – Report of Medical Examination and Vaccination Record.
3. If you have not been married to your Spouse for at least two years it is likely your Spouse will be given a two-year conditional lawful permanent resident, and your Spouse will need to remove the conditions.
What are the basic requirements to qualify to bring your Spouse?
- You must be a U.S. Citizen, or Lawful Permanent Resident.
- You and your Spouse must have a bona fide legally recognized marriage not for the sole purpose of obtaining an immigration benefit.
- You and your Spouse are both legally married.
- Any prior marriages of yours or your Spouse must have been legally terminated by divorce, death, or annulment.
- Your Spouse must not have any disqualifying factors.
- You must have income sufficient based on current USCIS Poverty Guidelines determined by your household size and physical location in the U.S. with all necessary tax returns filed.
What are factors that may negatively impact my Spousal Petition?
Your petition may potentially be impacted negatively by any arrests, charges, convictions (some criminal records could make you or your spouse ineligible), or plea deals by you or your Spouse, financial ability to provide for your spouse with a solid history of earnings and filed tax returns, having a polygamous marriage and/or not having your prior marriages legally terminated, presence or history of certain medical conditions, any dishonesty or misrepresentation, and/or failure to submit appropriate documentation.
As a U.S. citizen, or lawful permanent resident, in a same-sex marriage to a foreigner can I sponsor my spouse for a family-based immigrant visa?
Yes! Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be denied as a result of the same-sex nature of your marriage.
My spouse and I were married in a state/country that recognizes same-sex marriages, but we live in a state/country that does not recognize same-sex marriages, can we still file?
Yes! As a general matter, the law of the place where the marriage took place determines whether the marriage is legally valid for immigration purposes. The laws on same-sex marriage where you live will not have any bearing on whether USCIS will recognize your marriage as valid.
What are the most common reasons Spousal Petitions are denied?
- Failure to establish a valid legally recognized and authentic marriage .
- Failure to provide English translations for documents in foreign languages, or failing to have the appropriate translation with required USCIS language.
- Missing information on forms, or incorrect replies.
- Certain Criminal Records creating ineligibility.
- Lies and misrepresentations.
- Certain Medical issues or conditions making your Spouse ineligible.
- Sponsor’s Inability to meet the USCIS Income Poverty Guidelines without appropriate Co-Sponsor, and failing to include an appropriate Co-Sponsor.
- Fraudulent Marriage.
- Failure to submit appropriate documentary evidence with your Petitions/Applications.
Can my Spouse’s children come to the U.S. with my Spouse?
Generally you may also be able to petition for your stepchildren by filing a separate I-130 Petition for each child provided you were married to their parent (your spouse) before the child’s 21st birthday.
Will USCIS only consider the information I provide them in filing my Petition?
No! USCIS can and will review all information they can discover including results of full background checks, reviewing social media, and other avenues to verify information is correct.
Is it very expensive to hire an attorney to represent me and my Spouse with our applications?
Attorneys charge a wide range of fees for various levels of service. Julianne’s fee is in a range from $1,900.00 to $3,550.00* for full representation depending on your individual circumstances, this does not include presence at Interviews. It is also possible to hire Julianne per each Step one at a time. *Additional costs for your Spouse’s children.
If I hire an immigration attorney for my Spousal application does the attorney need to live in my state?
No! When it comes to immigration your attorney can be licensed by any U.S. State living anywhere, just be sure they are licensed and in good standing in the state of licensure.
How much is a Spousal Green Card Consultation with New York Licensed Immigration Attorney Julianne M. Kinsey?
A full telephone consultation is typically $150.00, if you hire Julianne for full representation this will be applied to reducing the total fee due for representation. You can also use the consultation if you have questions about your eligibility, potential issues, or anything related to your fiancé K1 Application.
How do I schedule a consultation?
Please fill out and submit this contact form, and you will be redirected to a page with a link for scheduling and directions for payment.
