Friday, August 20, 2010

How can a person who is married to a legal permanent resident enters and lives in the US??

I am a Canadian who is also a legal permanent resident in the US and my wife is a Taiwanese. We are currently living in Vancouver Canada. We got a job offer to Seattle and we are planning to move down there in 2 months. We have booked an appointment with the US Embassy in Vancouver early next month hoping to get a US visitor's visa for my wife so that we can start looking for housing, but according to my lawyer, it's almost impossible for her to get a visa and enter the US because she's married to a legal permanent resident of the US. What should we do? Who can help us?? If you have any information, please let us know.How can a person who is married to a legal permanent resident enters and lives in the US??
You need to live closer to the border because she's going to be staying in Canada for a while. The wait for you to get a visa for her is about 4 1/2 to 5 years.How can a person who is married to a legal permanent resident enters and lives in the US??
Background


The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category (V) within the immigration law that allows the spouse or child of a U.S. Lawful Permanent Resident to live and work in the United States in a nonimmigrant category. The spouse or child can remain in the United States while they wait until they are able to apply for lawful permanent residence status (Adjusting Status), or for an immigrant visa, instead of having to wait outside the United States as the law previously required.





Where Can I Find the Law?


The Immigration and Nationality Act is a law that governs immigration to the United States. For the part of the law concerning V nonimmigrant status and the process of applying for permanent residence status, please see INA 搂搂 101(a)(15) and 214(o) (V nonimmigrant status); 搂 248 (change of status); and 搂 245 (immigration petition and adjustment of status). The specific eligibility requirements and procedures for qualifying as a V nonimmigrant, obtaining that status and applying for permanent residence are included in the Code of Federal Regulations [CFR] at 8 CFR 搂 214.15, 248, and 245.





Who is Eligible?








A person may apply at a U.S. consulate abroad for a V-1 or V-2 visa or seek V-1 or V-2 nonimmigrant status while in the United States, if:





The person is lawfully married to a Lawful Permanent Resident of the United States (V-1), or is the unmarried child (under the age of 21) of a Lawful Permanent Resident (V-2);


The person is the principal beneficiary of a relative petition (Form I-130) that was filed by the Lawful Permanent Resident spouse/parent on or before December 21, 2000;


The person has been waiting at least 3 years since the petition was filed for status as a Lawful Permanent Resident because the petition is still pending, or has been approved


But:


An immigrant visa is not yet available;





Or,


There is a pending application to adjust status or application for an immigrant visa.


The derivative child of a V-1 or V-2 nonimmigrant is eligible for a V-3 visa or for V-3 status.





How Do I Apply?


If outside of the United States, you should contact the U.S. State Department consular office or embassy to apply for a visa.





If inside the United States, you must file the Form I-539, Application to Change Nonimmigrant Status, and Supplement A, and pay the application fee, or request a waiver of the application fee. All aliens 14 to 79 years of age who are filing Form I-539 to obtain V nonimmigrant status must submit a service fee for fingerprinting with their application. In addition to the instructions listed on the Form I-539, all aliens applying for V nonimmigrant status must follow the supplemental instructions found on Supplement A to Form I-539. Applicants must also undergo a medical examination and submit Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, without the vaccination supplement.





Applications should be submitted to:





U.S. Citizenship and Immigration Services


P.O. Box 7216


Chicago, IL 60680-7216

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