Q: Which is easier: spousal immigration visa if the sponsor is in the US or if the sponsor shows intent to move to the US?
I'm an American citizen, married to a Chinese National. Both of us living in China. We'd like to minimize the amount of time we spend apart in our attempts to get my wife an immigration visa. Can a decent case be made to show intent of going to the US, so that we both can go at the same time, or do those cases tend to be harder to get approved?
Sponsor in USCIS terminology is a third party financial sponsor, typically. You, USC (citizen of US), would be the spouse-petitioner, she the beneficiary.
It's definitely easier and better to apply from within the US unless you both can't make it there and can instead wait for the approval of your petition. There's also the uncertainty in US China diplomatic relations, requiring potentially seeking a consular appointment outside of China after the approval of your petition.
get a US immigration lawyer who has done these petitions and have them guide you.
A: I think it’s easier to adjust within the USA. Intent to relocate is required to be proven and that is a matter of discretion by the consulate office adjudicating your file.
It would be easier to adjust to lawful permanent resident status while a Beneficiary is in the US on a legitimate visa, however, one needs to avoid several possible mistakes that may result in a denial.
Consult further directly with an experienced immigration attorney of your choice.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.