Legal Question in Immigration Law in Ohio

Re: Spouse in other country

You may apply for your wife at this time as the spouse of a legal permanent resident. There is a three-step process for your spouse to become a legal immigrant:

1. The USCIS must approve an immigrant visa petition (Form I-130) 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.

3. If your spouse is outside the U.S. when the I-130 petition is approved, your spouse will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.

If you are a lawful permanent resident (LPR) you must file a Form I-130, Petition for Alien Relative, upon approval of which, your spouse will be notified by the Department of State when a visa number becomes available. If your spouse is outside of the U.S. at the time of notification, she can then go to the local U.S. consulate to complete her visa processing.

If you become a U.S. citizen (USC) while your I-130 is pending, you can then file a form notifying the USCIS that you have now become a USC and requesting that your I-130 be upgraded. In this case, your wife�s preference will be upgraded to that of an �immediate relative of a USC� and the USCIS will move your I-130 up in the priority adjudication queue. The spouse of a USC is considered an immediate relative and is immediately eligible for an immigrant visa once the I-130 petition filed by the USC is approved.

If you need further assistance in this matter, please do not hesitate to contact me.

Sincerely,

Akanksha Kalra, Esquire

Law Offices of Glen S. Barry, P.C.

1628 J.F.K. Blvd., Suite 1000

8 Penn Center

Philadelphia, PA 19103

Phone: (215) 569-2636

Fax: (215) 751-9739

Direct: (610) 275-1110

Disclaimer: This information provided here is generalized and should not be relied upon as legal advice and this communication does not create an attorney-client relationship.