Marriage between an irregular immigrant and a US citizen or resident is a frequent situation that raises some doubts about it new legal status of the person who did not have his own until then Visa.
In this regard, the first point highlighted by the Boundless site, an agency specializing in immigration procedures, is the traditional one The United States prioritizes immediate family members – spouses, minor children, and parents of US citizens – who can live together in that country.
Although the process, expense and risk of approval will depend on each situation. In this regard, the same source gives the most frequent possibilities.
If your undocumented spouse entered the United States illegally
According to Boundless, due to current immigration policy, the benefits of obtaining a green card for an undocumented spouse outweigh the risks and cost of the application process.
If the spouse entered the country legally, but stayed on
The good news is that if you entered with a valid visa or entered the Visa Waiver Program, the process will be the same as if you were in legal status.
The precaution is that the undocumented spouse avoid leaving the United States until they have a green card. Otherwise, he may not be able to return for three to ten years.
If the future spouse entered illegally
In this case, you will need to leave the United States to apply for residency.
When the stay in the USA has been less than 180 days, the indicated thing will be to return to one’s own country, request a residence card through the consulate and then, a matrimonial residence card.
If it is longer than that period, to avoid being prevented from entering the United States, says Boundless, the spouse must request a temporary exemption and thus be able to return to that country.
How the procedure is performed
Couples need to go through the following steps
– Submit Form I-130 to US Citizenship and Immigration Services.
– If the submission is approved (usually within six to eight months), the individual will receive a notice from the National Visa Center requiring them to submit their immigrant visa application and pay the appropriate government fee.
When your spouse holds a Green Card or a Residence Card, approval times will be longer, as a visa must be available.
Source: Clarin
Mark Jones is a world traveler and journalist for News Rebeat. With a curious mind and a love of adventure, Mark brings a unique perspective to the latest global events and provides in-depth and thought-provoking coverage of the world at large.