Immigration For A Foreign Spouse.
DOMA and Same-Sex Couples: Note that on June 26th 2013, the Supreme Court of the United States struck down section 3 of the Defense of Marriage Act (DOMA) as unconstitutional. Since that time, I have assisted many same-sex couples with their marriage based immigration cases.
For any of the options I describe below, call my office (916) 451-4992 to schedule a consultation so we can explore your options, discuss your case in detail, and discuss the services I provide and the fees associated with those services. Note that I usually charge a fee to perform this consultation service for a caller.
If Your Spouse Is Currently Present In The United States:
If you are a U.S. citizen married to a foreign spouse who is presently in the United States in a legal nonimmigrant status you may be able to file an immediate relative petition and your spouse may be able to apply for permanent resident status. I can help you determine if this is a viable option for you and your spouse.
I can be retained to prepare your and your spouse's immigration paperwork for submission to the USCIS, act as your representative with the USCIS, resolve any USCIS mistakes they make while processing your case and prepare you and your spouse for the spousal interview at your local USCIS office.
If Your Spouse Is Currently Outside The United States:
If you are a U.S. citizen married to a foreign spouse who is currently outside the United States, you may petition for an immigrant visa on your spouse’s behalf. Sometime after your petition is approved by the USCIS, your foreign spouse will be interviewed at a U.S. Consulate abroad. If approved, your spouse would use his or her immigrant visa to enter the United States and during the act of entering the United States, your spouse will automatically obtain permanent resident status or conditional permanent resident status. I can help you determine if this is a viable option for you and your spouse.
Additional Option for K-3/K-4 visas:
There is also now the option of submitting an additional petition for a K-3/K-4 visa(s) for you spouse and minor children located abroad.
Direct Consular Filing (DCF):
Some U.S. Consulates will allow a U.S. citizen spouse to file immigration paperwork directly with the Consulate (DCF) if certain conditions are met. If a U.S. spouse does fulfill the conditions then this is usually a much faster process than filing immigration paperwork with a USCIS Service Center in the United States. I can help you determine if this is a viable option for you and your spouse.
Immigration Options For Spouses And Children Of Lawful Permanent Residents:
If you are a lawful permanent resident and your spouse is outside the U.S., you may submit an immediate relative petition for your spouse, however there will likely be a lengthy waiting period for your priority date to become current. If your spouse is already in the United States, you should contact an immigration attorney immediately to have your spouse's case evaluated.
DISCLAIMER: Read the full length disclaimer here.
Matthew Udall is an active member of the California State Bar Association and the Federal Bar Association, and licensed to practice law in California. The information given at this web site is intended as general information only and is not a substitute for the services of an immigration attorney in your specific case. Reading this webpage or website does not create an attorney-client relationship between the reader and Visa Earth – The Law Office Of Matthew Udall.
Please note that any attorney fee listed in this website is subject to immediate change upon publication of the new attorney fee.
Attorney Advertising: Prior results do not guarantee a similar outcome. Any testimonials or endorsements which may appear on any page of this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
