3-Step Process For U.S. Citizens Living Abroad & Filing For Foreign Spouse

Jul 26, 2020 News

ImmigrationINFO
Immigration News ForOur Community 

By Attorney Gail S. Seeram

U.S. citizens who are living abroad with their non-U.S. citizen spouse and want to relocate back to the United States, must file a Form I-130 Petition for an Alien Relative for their spouse and/or children to join them. This is one of the most common immigration petitions that we see at our Orlando immigration law office, and we have helped thousands of families begin their lives together in the U.S.
The process for these petitions is quite long, with processing times taking approximately one year from the time of filing to final approval, so you need to plan if you all want to move back to the U.S. at the same time.
3-Step Process For Family Immigration Applications
The spousal/family immigration process involves three steps:
1. File Form I-130. This is the first step in your application to bring an eligible relative to the United States. The form is filed with U.S. Customs and Immigrations Services (USCIS). You must file a separate form for each non-citizen family member that you wish to bring the U.S.
2. Department of State Review. Once the application has been accepted and approved by USCIS, it is sent to the U.S. Department of State and the National Visa Center for review and processing.
3. Interviews at Local Embassy. The Department of State forwards the application to the U.S. embassy located in the country where your family member is currently residing. Family members will be called for in-person interviews.
Tips And Advice For Applicants
Although family immigration applications do not have to wait for visa numbers or participate in the visa lottery, there are still some challenges to the process.
1. File separate forms for spouses and children. Each person who is planning to immigrate to the U.S. who is not already a U.S. citizen, must file a separate Form I-130. There are no family applications.
2. You’ll Be Asked To Share Your Relocation Plans. During the interview, you will be asked to provide proof that you plan to relocate back to the United States with your U.S. citizen spouse/parent.
3. U.S. Tax Returns Can Help. The U.S. citizen should have been filing their U.S. taxes with the Internal Revenue Services (IRS) every year that they were abroad. You will be asked to share these returns as part of the application process. If you do not have such tax returns, a joint sponsor may be needed.
(The views expressed in this article are those of the author and do not necessarily reflect the opinions of this newspaper.)
NOTE: Immigration Law Offices of Gail S. Seeram offers a free consultation to discuss related fees for a process and explain options. Our office will NOT tell you how to complete the legal process on your own. If you seek legal representation, then legal fees will be due to our office.
Copyright ©Law Offices of Gail S. Seeram, 2020. All Rights Reserved.
Attorney Gail Seeram, LL.M., J.D., BBA
Call | text 407-292-7730
WhatsApp 407-353-1363
Email: Gail@GailLaw.com
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