Home     About Us     Why Hire Us?   FAQ    Contact Us  
 
 
 
USCIS Continues Suspension...
The U.S. Citizenship and Immigration Services (USCIS) has extended the suspension of premium processing services ...
view more >>>
H-2B TRACKER: H-2B Cap ...
The U.S. Citizenship and Immigration Services (USCIS) declared that it has received a sufficient number of petitions...
view more >>>
H-2B TRACKER: Cap Count..
The United States Citizenship and Immigration Services (USCIS) has provided the latest H-2B visa cap count. ...
view more >>>
Comment Period Closed for Proposed...
The USCIS published a proposed regulation on August 22, 2007, in the Federal Register that, when implemented...
view more >>>
 
 
Immigration >> Family-Base Petition >> Spousal petition
 
 
Does a Child Have Derivative Status?
No. A child does not have derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition. A child is included in his/her parent’s F2 petition. A child is not included in his/her parent's IR petition. If you are a U.S. citizen, you must file separate immigrant visa petitions for each of your children. If you upgrade a family second preference (F2) petition for your spouse and you did not file separate petitions for your children when you were a lawful permanent resident (LPR), you must do so now. Remember that children born abroad after you became a U.S. citizen may qualify for U.S. citizenship. They should apply for U.S. passports. The consular officer will decide whether your child is a U.S. citizen and can have an passport. If the consular officer decides your child is not U.S. citizen, the child must apply for an immigrant visa if he/she wants to live in the U.S.

Length of time to be taken
The length of time varies from case to case according to its circumstances. The time it takes each USCIS office and each consular office to process the case varies. Some cases are delayed because the applicant does not follow instructions carefully or supplies incomplete information. (It is important to give correct addresses and telephone numbers.) In addition the embassy or consulate may need to get security clearances for the applicant. Security clearances take time.

Minimum Age Requirement for the Petitioner
There is no minimum age to file a petition for a spouse for immigration. However, you must be 18 years of age and have a domicile in the U.S. before you can sign the Affidavit of Support, Form I-864, and this form is required for an immigrant visa for spouses and other relatives of U.S. sponsors.

U.S. Domicile Is Required
You must have a domicile (residence) in the United States before we can issue an immigrant visa to your spouse. This is because a U.S. domicile is required to file an Affidavit of Support, Form I-864, and this form is required for all Spouse of a U.S. Citizen (IR-1) immigration cases. • How do I sponsor my spouse? • There are two way to bring a future spouse to the United States: A. You can file a K-1 visa for a spouse, this visa is appropriate if you are not yet married. The USCIS gives you 90 days to get married once your spouse enters the United States. This is the faster of both methods, however the USCIS requires that you prove that you have been in contact with you future spouse within a two year period. B. If your marriage took place aboard then an I-130 (Alien-Spouse Immigrant Visa) should be filed at the appropriate consulate or USCIS office. The K-1 Visa generally takes less time to process than the Alien-Spouse Visa. The Alien-Spouse Visa, however, is a proven path toward lawful permanent residency for your spouse.

What is a “Spouse”?
A spouse is a legally wedded husband or wife. Merely living together does not qualify a marriage for immigration. Common-law spouses may qualify as spouses for immigration, but only if the laws of the country where the common-law marriage occurs recognizes common-law marriages and grants them all the same rights and obligations as a traditional marriage. In cases of polygamy, only the first spouse may qualify as a spouse for immigration.

 
 
Newsletter Subscription
Family-Base Petition
Here are some efficient ways to be eligible for permanently immigrating to United States such as your close relatives are in USA who sponsor you
view more ...
Green card immigration
A green card is a life-long visa ("pass") allowing a foreigner to live and work in the United States.
view more ...
US Citizenship
Citizenship is one of the most coveted gifts that the U.S
view more ...
Employee based:
The Immigration and Nationality Act provides a yearly minimum of 140,000 employment-based immigrant visas which are divided into five preference categories.
view more ...