While completing a form can seem as simple as just typing in the requested information, when it comes to immigration petitions, you can make an unknown mistake that could either lead to a rejection of your petition or lead to delays. We often get questions about important things to consider when petitioning for a visa for your spouse. Here are five (5) mistakes to avoid in the process:

  • Not Adequately Checking the Eligibility of your Spouse

Before you begin petitioning for your loved one to get their visa, make sure you understand what the requirements for eligibility are. If your spouse has anything in their immigration or criminal record that could make them inadmissible, be aware of them and see if they are possible to overcome with waivers. Additionally, know that the process for Adjustment of Status to get a Green Card for spouses, who are already in the U.S., differs from the process of getting a visa through the consulate for spouses who are overseas. Spouses of U.S. citizens also have different benefits and options in the application process compared to spouses of Green Card holders. Not adequately checking the eligibility of your spouse can result in delays, denial, and possibly even removal from the U.S.

  • Missing Forms, Documents, or Translations

When you submit the petition for your spouse, double check the required items for submission with your attorney to ensure that you have submitted everything. Make sure the application packet contains all the documents and pieces of evidence required to meet the legal requirements, that all required forms are submitted, and that any necessary translations are certified. Failing to do any of these things can lead to lengthy delays and possibly rejection of your application.

You may also read: Visas for Your Fiancé(e) or Spouse: K-1 and K-3

  • Inaccurate and/or Omitted Information

When you are petitioning for your spouse, it is important to be sure that there are no inaccuracies or discrepancies in the information submitted. This means making sure that the evidence, forms, and affidavits are all accurate and consistent. If you and your spouse have inconsistent or inaccurate information, it could damage your chances of approval and undermine your credibility. Additionally, make sure you do not leave out any required information as this could lead to delays and possible rejection of your petition.

  • Incorrect Filling Fees and Incorrect Filing Address

Before mailing out the spouse petition, make sure that you included the correct fees for the petition. Additionally, depending on whether you are filing the spouse petition alone, or other forms, and where you live at the time of filing, the address to mail the petition may be different. Make sure you send the spouse petition to the correct address to avoid rejection of the petition or lengthy delays. 

  • Not Staying on Top of Changes in the Spouse’s Immigration Status

If you are applying for an adjustment of status for your spouse while they are here on a temporary visa, stay on top of when your spouse’s temporary visa expires. It is important to keep track of if the visa is current so that it doesn’t interfere with your spouse’s application.

These five tips will help make the application for your process smoother and help you to avoid Requests for Evidence (RFE) and other delays. To learn more about getting a visa for your spouse, please contact us for an assessment.

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