Articles Posted in I-130

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In this post, Attorney Jacob Sapochnick Esq,  will address one of our most frequently asked questions for Same Sex Marriage and Green Cards: Is Proof of Real Marriage Required, Standard of Proof?

Statement from Secretary of Homeland Security Janet Napolitano on July 1, 2013:

“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”

What about immigration benefits other than for immediate relatives, family-preference immigrants, and fiancés or fiancées? In cases where the immigration laws condition the benefit on the existence of a “marriage” or on one’s status as a “spouse,” will same-sex marriages qualify as marriages for purposes of these benefits?

Yes. Under the U.S. immigration laws, eligibility for a wide range of benefits depends on the meanings of the terms “marriage” or “spouse.” Examples include (but are not limited to) an alien who seeks to qualify as a spouse accompanying or following to join a family-sponsored immigrant, an employment-based immigrant, certain subcategories of nonimmigrants, or an alien who has been granted refugee status or asylum. In all of these cases, a same-sex marriage will be treated exactly the same as an opposite-sex marriage.

For more information click here to go to our website. For legal advice please contact our office. Also remember to follow us on Facebook, Youtube, Twitter, and Instagram 

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In this post, Attorney Jacob Sapochnick Esq,  will explain the process of immigrating a foreign spouse to the United States utilizing ShowMe drawing technology.

The first part of the process is to file the marriage petition I-130 with USCIS.

Once approved, the following steps take place after you have submitted all required forms and documents to the NVC: 

Step 1

If you are the beneficiary of an I-130 petition, you should contact your petitioner to ensure that they have completed Affidavit of Support Processing.

Step 2

Once the NVC has received your forms and documents, the NVC will review your immigrant visa application and may request additional information from you.

Step 3

Approximately one month before your visa interview appointment, you will receive an appointment letter containing the date and time of the interview, along with instructions for obtaining a medical examination.

For more information on filing an I-751 Waiver please contact our office. Remember to follow us on Facebook, Youtube, Twitter, and Instagram 

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