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Petitioning for Your Spouse - Katrina S. Zafiro

Petitioning for Your Spouse

If you are wondering how to bring your spouse to the United States, this information is for you.  The term “spouse” includes same sex married couples.  One of the basic requirements is that your marriage must be legally valid where it was celebrated.  The laws specifically exclude polygamous marriages because an immigrant coming to the US to practice polygamy is not permitted to enter or remain in the US.  This article is for spouses of US citizens or Legal Permanent Residents (LPRs) trying to immigrate to the USA.  Marrying a US citizen does not automatically make you a citizen of the US and the road to getting there is a long one.  Each step in the process requires a different form and a different set of documents to support different aspects of your application.  It is crucial to file the right documents at the right time/stage of the case. 

The first step is to establish the validity of the marital relationship between you and your spouse.  This is very important and you need to submit evidence to show that your marriage was entered in good faith and not for immigration purposes. Supporting documents to prove good faith marriage include your marriage certificate, divorce decree if you were previously married, any other document that establishes that there is an ongoing and real marriage like pictures, bank statements, and  copy of lease/mortgage/deed, utility bills. You can also file affidavits from third parties who have personal knowledge about your marriage. It is crucial to select the supporting documents perfectly, especially when you do not have enough supporting documents and have not spent too much time together with your spouse living abroad. At Zafiro Law we do a thorough case-by-case review to make sure we select the best supporting documents for your case and submit the strongest application possible.

The next steps and procedures for this vary depending on whether the beneficiary spouse is already in the US or outside the US. If the spouse is already in the US, then the application can be done here with an application to adjust status. However, if your spouse is outside the US, they first need to apply for a visa at a US Embassy. Whatever your situation, we can help you navigate through the appropriate rules and procedure that apply to your case.

All applicants must pass a medical examination conducted by a civil surgeon approved by the USCIS. There are many other documents that need to be submitted with your application like certified copies of criminal records, police clearance reports, and tax records.  You will also need to submit an affidavit of support to demonstrate that the US citizen spouse is able to financially support the immigrating spouse.  Both spouses also need to be prepared for an interview by the USCIS. It is critical to include all the necessary documents required at different stages of the process. 

At Zafiro Law we can help you prepare for the entire process. If you need help with petitioning for your spouse our team can help! Contact Zafiro Law today.

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Zafiro Law

As an attorney, I am passionate about helping my clients achieve peace of mind in navigating the complex areas of family law and immigration law. Your case will get my full and dedicated attention—whether you are seeking to navigate the complexities of your family law matter or overcome the challenges of your immigration law case.

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