Legal Question in Immigration Law in New York

Re: To bring spouse or fiance to usa on greed card

The answer depends in part on your immigration status.

If you are a citizen, it may be expedient to bring your fiance' in the U.S. with a special visa and marry within 90 days. Certain requirements apply, so I definitely recommend using skilled immigration counsel.

Among the requirements, you must have met your fiance' in the previous two years and you must be both free to marry. The visa must be obtained at a U.S. Consulate abroad. After the marriage he/she can adjust status while in the U.S.

If you are not a citizen this option is not available, and much will depend on the fact of the case. By and large, if you have a nonimmigrant visa it will be easier and quicker than if you have a green card.

If you like, I will be happy to take a closer look at your case.

Regards,

Re: To bring spouse or fiance to usa on greed card

Generally speaking, (1) the BCIS must approve an immigrant visa petition that you file for your spouse; (2) The State Department visa bulletin must show that a spouse immigrant visa is available to your spouse, based on the date you filed the immigrant visa application; and (3) If your spouse is outside the United States when your visa petition is approved and when an immigrant visa number (if required) becomes available, your spouse will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa. If your spouse is legally inside the U.S. when your visa petition is approved and when an immigrant visa number (if required) becomes available, he or she may use the Form I-485 to apply to adjust his or her status to that of a lawful permanent resident.

If you are a U.S. citizen, your spouse is considered an immediate relative and is immediately eligible for an immigrant visa if your petition is approved.

If you are a lawful permanent resident and your petition for your spouse is approved, your spouse will be notified by the Department of State when a visa number becomes available. If your spouse is outside of the United States at the time of notification, he or she must then go to the local U.S. consulate to complete visa processing. If your spouse is inside the U.S. through a lawful admission or parole and is maintaining that status at the time of notification, he or she may file the Form I-485 when the visa number becomes available. If that is not the case but the petition was filed on or before 04/30/01, he or she may be eligible to benefit under section 245(i).

If you do not have the visa number issued by the Department of State, you must wait for a number to become current. Your spouse may need to depart the United States to avoid accruing unlawful presence. If you were married to your spouse before you became a permanent resident, your spouse may be eligible to receive following-to-join benefits. This means that you would not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse would not have to wait any extra time for an immigrant visa to become available.

If you are a U.S. Citizen, once you file form I-130, your spouse is eligible to apply for a nonimmigrant K-3 Visa. This will entitle him or her to come to the U.S. to live and work while the visa petition is pending. The form to file for this benefit is Form I-129F. If you are a Legal Permanent Resident (LPR) and you have filed for I-130 for your spouse and/or minor children on or before 12/21/00, your spouse and/or children may be eligible for the V visa classification if more than three years have passed since the I-130 was filed pursuant to the Nonimmigrant Provision of the LIFE Act.

Please telephone the office at (212) 618-1830 if you any further questions.

Re: To bring spouse or fiance to usa on greed card

Depending on the circumstances, it is a relatively simple procedure to bring a fiance or spouse to the U.S. If you contact me, I can explain it to you or arrange to handle it for you.

--Steve Afton

"Immigration Advocates"

(248) 745-8555

1-877-ASK-LAWS