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Immigration Issues/Immigration of a spouse

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Question
I am inquiring for a US citizen who has married a person in the country without documentation. They have been married for 2 years and have 2 children, both born in the US. They wish to apply for his permanent residence. Can they make an I130 application and then a K3 visa request with out him being returned to his country of origin? Or is there another path to follow? Will a lawyer be required?

Answer
Hi,

If the immigrant spouse entered the U.S. on a visa (even if that visa has expired) then an I-130 petition along with I-485 (adjustment of status application) can be filed together, and the immigrant spouse will receive a green card.

If the immigrant spouse initially entered the U.S. without inspection (i.e., without a visa), then it is possible to only file I-130 without the I-485. If the immigrant spouse tries to apply for a K-3 visa (which can only be issued abroad) then he or she will be barred from the U.S. for 10 years. Therefore, my recommendation in this instance (where the spouse entered without inspection) is to file only I-130 and continue to remain in the U.S. Since I-485 cannot be filed, there is really no benefit in filing only the I-130.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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