•Petitions filed by a United States Permanent Resident
There are two ways for an American citizen to bring a spouse to the U.S;
• Immigrant visa for the spouse of a U.S. Citizen or, Non immigrant visa for the spouse of a U.S. citizen: It is important to note that, with some exceptions, the application for the non immigrant visa for a spouse who is married to a U.S. citizen must be filed in the United States through the USCIS. If you qualify, and prefer, the process may take place at the U.S. consulate. This is called "consulate processing."
oWhen filed in the United States the visa is first approved by the National Visa Center and forwarded to the U.S. Consulate in the country where your spouse lives. The visa must be issued in the country where the marriage took place with some exceptions. After the visa process has been completed, and the visa is issued, the spouse may travel to the United States to wait for the processing of an immigrant visa. o
oThe difference between the two methods for successfully obtaining a spouse visa to the United States is in the processing time the costs. The non immigrant visa is processed more quickly than the immigrant visa, however it costs more and your spouse must adjust status upon arrival to the U.S.
• With a few exceptions, both methods for bringing your spouse to the U.S. allow for his or her children to obtain a derivative visa and accompany the parent to the U.S.
If you are an American citizen, you may bring your fiancé(e) to the U.S. to marry and live here. The fiance visa is a non immigrant visa and grants your fiance permission to travel to the U.S.. The visa is valid for 90 days. During those 90 days you and your fiance must get married to each other or your fiance must return to his or her native country.
Petitions filed by a U.S. Permanent Resident
A permanent resident may file a petition for an immediate relative. The process may take longer. However, as soon as the permanent resident becomes a citizen the filing status of the petition may be changed and the petition is elevated to a faster track for processing.
There is a special visa available for the beneficiary of a petition filed by a permanent residence. If the beneficiary has waited over 3 years he or she may obtain a non immigrant visa to come to the U.S. while waiting for approval.
At the Mulder Law Office our first step in assisting you is to set up a meeting between you and the attorney. At the initial meeting we will discuss your personal needs and preferences. You are free to decide which of the methods for obtaining a visa is best suited to your needs. If you choose to go forward with us, we provide you with a packet that contains a questioner we need for you to answer and a list of documents that we need you to provide us. We will use your completed questioner and documents to file your petition.
The initial meeting may take place by phone, email or online chat if you are unable to meet wth us personally.
We mail your petition to the USCIS. The USCIS forwards the petition to the National Visa Center. When the National Visa Center has approved your petition they forward your file to the U.S. Consulate where your fiance or spouse lives. The U.S. consuate will send a packet to your fiance or spouse. The packet includes a visa application and insturctions for providing the consulate with all documentationn they need to approve the visa. We can assist your spouse or fiance in completing this packet. Much of the information requested from the consulate we will have already sent to the consulate officer on your behalf.
An approved petition by the National Visa Center does not guarantee that the consulate will grant your spouse or fiance a visa. An interview is held at the consulate and additional documents are provided by your fiance or spouse to the consulate officer. The consulate officer determines; 1. Whether your relationship/marriage is genuine or for the purpose of obtaining an immigration benefit, 2. Whether the U.S. citizen fiance/spouse is qualified to support the foreign fiance/spouse,