7 Consular Processing Tips

Do you have questions about consular processing? Check out these 7 consular processing tips, then contact our New Jersey lawyer to get started.

1) Consular Processing at the US Embassy Abroad

• If you are living abroad you must interview at the U.S. Embassy.
• If you are not allowed to adjust your status in the U.S. you must travel to your nations embassy abroad.

2) The Requirements to Bring Your Fiancée to the U.S.

• You must be a US Citizen petitioner, not a Green Card petitioner to bring your fiancée into the U.S.
• You must have physically met in person in the last 2 years.
• You must be able to show that you can financially support your fiancée and that your relationship is based on love.

3) Obtaining Permanent Resident Status For Your Fiancée

• You must be married within 90 days of coming into the U.S. to keep the Visa.
• You must file for adjustment of paperwork with your local immigration service which then you will receive a spouse interview within 3-4 months.

4) I am a Green Card Holder, Can I Sponsor My New Spouse?

• Immigration sets a rule of making you have your Green Card for a minimum of five years before having the ability to sponsor someone.
• One way to bypass this rule, is by showing a birth certificate of a child born between the two people.
• Another way to bypass this rule, is by proving that your spouse that sponsored you is deceased.

5) How a Spouse Who Was Convicted as a Sexual Offender Can Effect Your Green Card

• A U.S. Citizen with a criminal history will not be affect their ability to be a sponsor unless their crime falls under Megan’s Law.
• An individual convicted under Megan’s Law must show evidence of rehabilitation in order to become a sponsor.

6) Being Sponsored by Your Fiancé Who is a Convicted Sex Offender

• Immigration will try to bar the person from a sponsorship for a K-1 Fiancé Visa or an I-130 Spouse Sponsor.  Especially if that person is on Megan’s List.
• You can apply for a waiver, but you will need to prove that person has been rehabilitated and there is no risk to the sponsoree.
• Along with hiring an experienced New Jersey Immigration Attorney, hiring a strong criminal defense lawyer can help quicken the pace.

7) Obtaining a Fiancé Petition For a Significant Other If You Never Met them in Person

• You must be a U.S. citizen to file for a Fiancé Visa for a foreign born partner.
• You must at least have your Green Card for 5 years before you can apply to become an U.S. Citizen with an N-400.
• You must also meet in person within a two year span in order to qualify.
• You must marry someone within 90 days of the Fiancé Visa.

Do you have questions about these 7 consular processing tips, contact our experienced New Jersey Consular Processing Immigration Lawyer to schedule a legal consultation and case evaluation and get started on your claim today.

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