If you're a U.S. citizen or green card holder trying to bring your spouse to America, the immigration journey can be stressful, especially when unexpected issues arise. Whether you're blindsided by new information or aware of the potential hurdles, knowing how to navigate these situations is critical to reuniting with your loved one.
Addressing Immigration Problems
Imagine this: You've filed the necessary paperwork to bring your spouse to the U.S., and then suddenly, you're hit with an immigration problem you weren't prepared for. Here’s what to do if you find yourself in such a situation:
- Verify Your Spouse’s Marital Status
One common issue is receiving a letter from immigration requesting more evidence, such as a divorce decree. In some cases, immigration may allege that your spouse isn't properly divorced from a previous marriage. If the document submitted is not authentic or cannot be verified, your case could be denied. To avoid this, ensure that your spouse’s divorce decree is legitimate and recognized by the proper authorities. Always address these issues before starting the immigration process. If you are unsure, consulting with an immigration attorney can save you from future problems.
- Misrepresentation on a Visa Application
Another potential issue is if your spouse has previously applied for a visa and misrepresented information on the application. This could lead to the denial of their spousal visa, as they may be considered inadmissible to the United States. However, don't lose hope. In such cases, you can apply for a waiver of inadmissibility, allowing your spouse to still reunite with you. Consulting with an immigration lawyer is critical to ensuring that you take the proper steps to resolve this issue.
- Issues During the Embassy Interview
Sometimes, your spouse may face challenges during their embassy interview. If they’re nervous, confused, or unable to answer questions coherently about your relationship, the embassy may pause the visa process to seek more information. This can delay the approval. The best way to avoid this is to ensure that your spouse is well-prepared for the interview and can confidently discuss your relationship timeline. If things do go wrong, submitting additional evidence of your bona fide marriage can help keep the process on track.
- Revocation of the I-130 Petition
In some cases, the embassy may recommend to USCIS that your approved I-130 petition be revoked, despite the genuine nature of your marriage. If this happens, USCIS may take a significant amount of time—sometimes a year or more—to process the notice. If you receive a notice of intent to revoke, act quickly. You will have a limited amount of time to respond, and getting legal help immediately is essential.