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When can I petition for my wife?

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  • When can I petition for my wife?

    Hello~

    I have been gathering info from this forum for a long time but I just signed up today and writing a first post.
    Hope everyone is doing well from this never ending waiting...

    First of all, my time line is below,
    Application received date: Dec 02, 2014
    Bio: Sometime Jan.2015

    Nothing after that. I even asked my lawyer multiple times when it will get approved but he doesn't have much info about U-visa. When I first applied for U-visa, my lawyer said appx wait time is 18 months, after that kept saying another 6 months and here I am now..

    My question is,

    I was married when I applied but not in papers. Meaning legally I was single. My daughter was born 2 days after USCIS receiving my application so, she was born in Dec 04 2014.
    When I was about to apply for U-visa, my lawyer said I could submit my application first, then get marriage certificate and petition for my wife so we could get the U-visa together when it's time.
    But, when I got the marriage certificate and contacted lawyer, he said I'm sorry, you guys had to be married at the time of sending application.

    I was so mad but time went on. Since I am likely to get U-visa within 1-2 years, I want to know if anyone had similar situation like mine.

    In worst case cenario, I have to petition her when I am applying for GC after 3 years of getting U-visa. I hope I could do something for her sooner if there is a way.

  • #2
    You can petition for you wife as soon as you get the U Visa. Just have Marriage Certificate though.

    Comment


    • #3
      QUESTION :
      My U visa was approved a year ago, and I just got married a month ago, to someone who is in the U.S. without papers. Can my spouse get a U visa, too? He needs to fix his immigration status.

      ANSWER:
      The spouse of a U visa holder can’t get a U visa in the traditional way, as a derivative (who obtains benefits through the primary applicant). All is not lost, however, so keep reading.
      In order for your spouse to have gotten a U visa with you, as a derivative, you would both have had to have been married to each other at the time that you applied for the U visa. According to the facts you've set forward, you got married after you applied for your U visa, such that your spouse does not qualify as your derivative.
      Here is the better news – if and when you apply for lawful permanent residence (a green card), your husband also has a chance to apply.
      After three years in the United States in U nonimmigrant status, a person can apply to adjust status -- that is, to become a lawful permanent resident and get a green card. This doesn’t work for everyone; there are a few more requirements, as explained in Nolo’s article, “Will a U Visa Ever Lead to a Green Card?”.
      Assuming that you are eligible for a green card, your husband should be, too. A spouse is considered a “family member” for immigration purposes, and USCIS may grant a green card to the spouse of a U visa applicant if: “(1) the qualifying family member [your husband] was never admitted to the United States in U nonimmigrant status, and (2) it is established that either the family member or the U-1 principal applicant would suffer extreme hardship if the qualifying family member is not allowed to remain in or be admitted to the United States.”

      Comment


      • #4
        as per my understanding you can apply at this stage as well......i contacted 4-5 diffrent attorney and got conflicting answers on this.....so in my view its worth trying if you have all the doc

        Comment


        • #5
          Originally posted by Prince View Post
          QUESTION :
          My U visa was approved a year ago, and I just got married a month ago, to someone who is in the U.S. without papers. Can my spouse get a U visa, too? He needs to fix his immigration status.

          ANSWER:
          The spouse of a U visa holder can’t get a U visa in the traditional way, as a derivative (who obtains benefits through the primary applicant). All is not lost, however, so keep reading.
          In order for your spouse to have gotten a U visa with you, as a derivative, you would both have had to have been married to each other at the time that you applied for the U visa. According to the facts you've set forward, you got married after you applied for your U visa, such that your spouse does not qualify as your derivative.
          Here is the better news – if and when you apply for lawful permanent residence (a green card), your husband also has a chance to apply.
          After three years in the United States in U nonimmigrant status, a person can apply to adjust status -- that is, to become a lawful permanent resident and get a green card. This doesn’t work for everyone; there are a few more requirements, as explained in Nolo’s article, “Will a U Visa Ever Lead to a Green Card?”.
          Assuming that you are eligible for a green card, your husband should be, too. A spouse is considered a “family member” for immigration purposes, and USCIS may grant a green card to the spouse of a U visa applicant if: “(1) the qualifying family member [your husband] was never admitted to the United States in U nonimmigrant status, and (2) it is established that either the family member or the U-1 principal applicant would suffer extreme hardship if the qualifying family member is not allowed to remain in or be admitted to the United States.”


          --------

          this is nolo post and it might be 2 year back scenario.....i have contacted many diffrent attorney and gfot mix answer.....some says you can add after u-1 approval also .

          in 918 supplement A - instruction point number 2 and on page 7 it says even if you hhave U-1 approval you can add derivatives.

          on Uscis website for derivatives earlier was - At the time ot application or atr the time of AOS but now adays it says at the time of intial application or later time.......this word later time is interprented diffrently by diffrent lawyer......

          some lawyer says you can try ...worst case scenario ..you will be denied....

          Comment


          • #6
            About adding derivatives it's clearly mentioned in the instructions, you can include the eligible derivatives at the time of filing or at any later date but establishing proof of relationship at the time of application and adding derivatives at later dates or stages are two different issues, we are mixing both.
            Yes, I know it's 2 year old post but it's still relevant nothing is changed in the common sense law. You have to be married at the time of application particularly for this kind of visa in order to include or add your spouse at any point of time or you will have to wait for AOS. The only relief you can have for marrying in between this visa is you don't have to file for Family based green card and wait for another 2 years in general category. Even I have the similar issue, wouldn't i have flipped thru every available information and sought legal advises??
            Now I don't say i tried everything nor I meant down playing anybody's knowledge here. I never do that.

            Friendly and healthy debates are good in the public foras, it in fact helps.
            We'll have more such issues coming in ahead because of long waiting period. Everybody's input or experience is welcome.

            Comment


            • #7
              Originally posted by Prince View Post
              About adding derivatives it's clearly mentioned in the instructions, you can include the eligible derivatives at the time of filing or at any later date but establishing proof of relationship at the time of application and adding derivatives at later dates or stages are two different issues, we are mixing both.
              Yes, I know it's 2 year old post but it's still relevant nothing is changed in the common sense law. You have to be married at the time of application particularly for this kind of visa in order to include or add your spouse at any point of time or you will have to wait for AOS. The only relief you can have for marrying in between this visa is you don't have to file for Family based green card and wait for another 2 years in general category. Even I have the similar issue, wouldn't i have flipped thru every available information and sought legal advises??
              Now I don't say i tried everything nor I meant down playing anybody's knowledge here. I never do that.

              Friendly and healthy debates are good in the public foras, it in fact helps.
              We'll have more such issues coming in ahead because of long waiting period. Everybody's input or experience is welcome.

              Thank you for your input. I've read that nolo post as well. When I asked my laywer, he says I had to be married at the time of application. But, few of lawyers at NOLO says it is possible and I should seek professional help. Thing is, my lawyer asks for lots of money for including my wife. Also, when he says it's impossible, I don't see him working on my wife's case even if I pay the legal fee. I did extensive online research about this matter but there is no clear answer.

              As my case is becoming close and close to getting reviewed, I really want to have my wife get U-visa when I get one.

              Comment


              • #8
                Can you update me on the above, were you able add derivatives? I'm facing a similar problem. Your experience and feedback will help immensely.

                Comment

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