An I-130 Petition Stumbling Block
A United States citizen may file an I-130 Petition on behalf of an alien spouse and secure permanent residency for such spouse but can encounter difficulties if the spouse were under exclusion, deportation, removal, or rescission proceedings regarding the right to be admitted into or to remain in the United States when the couple got married. This would also be the case if an appeal were pending regarding a decision made in any of these proceedings.
However, this obstacle to legalization can be overcome in either of two ways. Either the spouse would have to live outside the United States for at least two years following the marriage or the Petitioner must prove by clear and convincing evidence that the marriage was entered into in good faith, meaning not for the purpose of obtaining legal permanent resident status. A valid marriage certificate would be needed as evidence that the marriage was legally valid.
The I-130 Petition is currently filed with payment of a $355 filing fee. A check or money order must be payable to the U.S. Department of Homeland Security.
However, this obstacle to legalization can be overcome in either of two ways. Either the spouse would have to live outside the United States for at least two years following the marriage or the Petitioner must prove by clear and convincing evidence that the marriage was entered into in good faith, meaning not for the purpose of obtaining legal permanent resident status. A valid marriage certificate would be needed as evidence that the marriage was legally valid.
The I-130 Petition is currently filed with payment of a $355 filing fee. A check or money order must be payable to the U.S. Department of Homeland Security.
Labels: Immigration
posted by Paul at 2:04 AM
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