Marriage-Based Immigration Lawyer in Minnesota Helping You Make Sense of Immigration as a Spouse
Being away from your spouse can be difficult, and if you’re in different countries, it can put a strain on your relationship and make it harder to enjoy your life. If you’re currently living in the United States, but your spouse isn’t, you may be able to have them join you through marriage-based immigration. This path allows a U.S. citizen or permanent resident to sponsor their spouse for immigration. However, it can be a difficult and lengthy process, and it’s important to have educated legal counsel to help you along the way. Find out more about marriage-based immigration and how TVA Law Office can help below.
Immigration procedures have to be followed exactly, and even small paperwork errors can mean your application is denied. Make sure that you understand what the process is for marriage-based immigration and know what to expect when you work with TVA Law Office.
What Is Marriage-Based Immigration?
Marriage-based immigration is when someone applies for immigration to the United States based on the fact that they are legally married to a citizen or permanent resident. Your spouse will need to file a Petition for Alien Relative form, and you’ll need to go through all of the applicable immigration procedures. This may include an interview with a caseworker from immigration to ensure the marriage is legitimate and not being used just to gain legal entry into the United States.
What Are the Requirements to Sponsor a Spouse?
There are specific requirements for someone to sponsor their spouse for immigration into the United States. First, the person sponsoring must be either a U.S. citizen or a permanent resident. You also need to be at least 18 years old and have a legal home in the United States. This is because you have to satisfy the requirements of the Affidavit of Support, which is required for someone to immigrate to the United States as a spouse. You’ll also need to submit the proper paperwork, including proof of your citizenship or permanent residency, a copy of your marriage certificate, any paperwork associated with any previous marriages, divorces, or name changes, and passport-style photos of both parties.
Is My Spouse Automatically Eligible for Immigration After the Marriage?
It may be a surprise to learn that getting married doesn’t mean that someone automatically gets immigrant status. In order to apply for marriage-based immigration, the marriage must be a legitimate marriage and not just be done for legal reasons. You will still have to go through the full application process, which involves many steps and can take several months and sometimes even years. It’s not guaranteed that your application will be granted, so it’s important to work with an immigration attorney who can help you through the process and explain the next steps. It’s also crucial to keep in mind that even if your application is approved, it does not necessarily mean that you are able to be in the United States on a permanent basis. Marriage-based immigration may result in a conditional residence, which is usually valid for two years before you need to apply again.
What Can a Marriage-Based Immigration Lawyer Help With?
Marriage-based immigration offers spouses a way to be able to be together legally in the United States, but it’s not a simple or quick process. It can be helpful to have the benefit of an attorney’s knowledge and experience in this area. An immigration lawyer can make sure you meet the legal requirements for marriage-based immigration, help you gather and file the appropriate paperwork, and guide you through the process while you wait for a decision. If your immigration application is denied, an attorney can help you understand why and file an appeal on your behalf.
If you’re married to a U.S. citizen or permanent resident, call 651-571-8547 to find out more about how you can apply for immigrant status and get your green card. We offer clients a consultation so we can understand the specifics of their cases and provide them with a path forward.