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U visa applicant married after submitting application but before approval.

Seattle, WA |
Filed under: U visa

U Visa applicant was engaged at the time of application (April 2011) and married (August 2011) and sent her marriage certificate to the USCIS. She was approved october 2011. March 9th 2012 sent in application for Spouse for U Visa (U-2). Still has no word from USCIS. Since married prior to U visa approval will spouse (who is not the person who assaulted the victim) likely be approved?

Attorney Answers 2

  1. The spouse will not be able to gain U-2 status until the U-1 applicant starts the process of becoming a lawful permanent resident (three years from the time of U approval).. In order to derive U status, the couple needed to have been married at the time of the original filing.

    This general advice does not create an attorney-client relationship.

  2. I agree with my colleague.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

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