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Immigration cases for spouses have many considerations

One thing that most married couples never want to experience is being away from their spouse. Unfortunately, there are times when a person will come to the United States but their spouse doesn't have the legal right to come here right then. In these cases, the person will need to file for a visa for their spouse. Here are a few considerations about visas for spouses.

Some people who want a spouse visa will be placed on a waiting list but others won't. The difference is citizenship. People who are United States citizens can file a petition for their spouse. That petition is given a priority status and won't be placed on a waiting list. If the spouse who is in the country is a permanent resident, their spouse will be placed on the waiting list. The time that you have to wait can be two years or longer.

Another consideration to think about in these cases is where the spouse is living. If they are in the United States illegally, they might have to leave so that they don't rack up time as an unlawful immigrant since this could have a negative impact on their petition.

All immigration cases involving spouses start with the filing of a Form I-130, which is the immigrant visa petition. You must pay the fee when you file this. Once the petition is approved, the next step depends on where they are. People who are in another country will have to contact the U.S. consulate. People who are already in this country will need to use a Form I-485 to have their status legally adjusted. An immigration attorney can help you understand all of the process for getting your spouse here legally.

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