Being a U.S. citizen gives you a certain number of rights related to the immigration system, such as petitioning for family members. While USCIS has laid out on its website an overview of the most common procedures for which you may apply to help your relative become a permanent resident, there are specific situations that aren't covered, and that may apply to your case.
If you've just got married to an alien in the states who must go abroad for work, should you file an immigration petition before they travel? Here's the answer:
It's not a smart move to petition for your alien spouse before they travel
There are two main reasons why you must not petition for your alien spouse if they're about to go on an assignment abroad. As you might know, when an immigration petition is filed for a foreign national who is physically in the U.S., they're prohibited from traveling. Indeed, violating this rule would result in the immediate annulment of the application submitted to the immigration services.
Another move that can hardly be considered wise is if you and your spouse decide to request a permission to travel from USCIS. This is a document that will allow them to leave the country without any risk of seeing the petition be canceled. Yet, the only problem with this strategy is its cost.
Assuming that the pending application reaches the interview stage, your spouse will have to come back within a given time period so you can both meet the immigration officer. Not only will this lead your spouse to pay for an extra airlines ticket, but their job assignment might also be negatively affected.
It's best to launch the procedure after your spouse has left the country
While this procedure will be slightly different if you had applied before your spouse's departure, it will lead to the same end result. The main difference with this procedure is that once you've filed for family-based permanent residence, your spouse will be summoned by the U.S. embassy located in the country where they've been assigned.
The only requirement that the local U.S. embassy will have is that your significant other must have a valid visa that allows them to be in the given country legally.
By filing this way, you not only enable the petition to advance smoothly, but you also allow your spouse to focus on their job mission. To learn more, contact a company like Tesoroni & Leroy with any questions or concerns you have.Share