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U visa applicant married after submitting application but before approval.

Seattle, WA |

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?

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Attorney answers 2

Posted

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.

Asker

Posted

That is how I read it too. :( Their attorney filed for spouse I192 and I765 and should have advised them to wait for the three years and file I 929 concurrent with her I 485. It is challenging because the U visa process has not always been really clear and there have not been a lot of cases to draw from in circumstances similar to theirs. Hopefully all will be okay. Any advice for spouse would be much appreciated. No major hardships at this time other than he does most of care for her two school aged children and is the solid foundation for this family. (attends school meetings, doctors appointments etc). He is eager to get ss number to legally work. Will the filing have a negative affect (red flag) or positive (start a file)?

Tracie Lynn Klinke

Tracie Lynn Klinke

Posted

I think the best thing for the spouse is to simply wait until he's eligible to file the I-929. Filing for something he wasn't eligible for, such as the I-192 and I-765 makes him vulnerable for a Notice to Appear, which is a battle they'll have to fight if the time comes.

Asker

Posted

I agree however already filed last March 2011 (through same attorney for wife's U Visa). I have been helping the family who are now like family to us and I feel badly that the error was made. I hope the attorney will explain to the family and hopefully all will just sit dormant until they can file the I929 (concurrent with her 485 in two more years.

Posted

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.