How to Bring Your Spouse to the United States Despite Immigration Challenges

Bringing your spouse to the United States can feel like an endless process, but don’t let obstacles get in the way of your dream to be together. If you’re navigating the complexities of securing a green card for your spouse, here’s a guide to help you tackle common issues that might arise. 

LaToya McBean Pompy immigrated to the United States herself. Her experience sparked an interest in helping many families unite in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of immigration attorneys, who are here to help you. 

Common Spousal Visa Problems 

1. Divorce Decree Problems 

One common issue is whether the foreign divorce decree is authentic. If you receive a request from the U.S. Citizenship and Immigration Services (USCIS) for more evidence because the divorce decree you submitted cannot be verified, it’s crucial to address this issue quickly. Immigration authorities might suspect that the decree is fake or invalid if they can’t find it in government records. 

To prevent this, make sure that your spouse’s previous divorce decree is authentic and properly documented before you file your application. 

2. Past Misrepresentations  

If your spouse had previously applied for a visitor visa or had any other immigration filings in the past, inaccurate information on a previous application can affect the spousal visa application. Such misrepresentations can lead to a spousal visa denial. However, depending on the facts of the case, your spouse might still be eligible to enter the U.S. by applying for a waiver. Obtaining a waiver of inadmissibility can allow the application to proceed despite the past misrepresentation.  

3. Failed Embassy Interviews 

Another potential hurdle is the embassy interview. If your spouse appears nervous, confused, or unable to answer basic questions about your relationship, it can delay the process. The embassy might pause the application, suspecting that something may not be genuine. 

In these situations, additional evidence proving the authenticity of your marriage can be submitted to address any concerns and help move the process forward. 

4. Accusations of a Fake Marriage 

If the embassy suspects that your marriage isn’t real, they might suggest that USCIS revoke your approved I-130 petition. This process can be slow, sometimes taking up to a year or more for USCIS to act on such recommendations. 

5. Permanent Bans

If your spouse is permanently banned from obtaining a green card because he or she was deported for an aggravated felony involving a serious crime committed in the U.S., this can be very difficult to face.   

Also, if your spouse has committed a serious crime in their country and the embassy has informed your spouse that no waiver is available to overcome the problem, your spouse will not be able to get a green card. 

There are other permanent bans that a spouse can face during the spousal visa process, including falsely claiming to be a U.S. citizen, marriage fraud, and previously filing a frivolous asylum application. 

In such cases, obtaining a green card through the spousal visa process is not possible.   

However, this doesn’t mean that your spouse can’t visit the U.S. at all. Instead of focusing on permanent residency, you might explore non-immigrant visa options. A visitor visa, for example, could allow your spouse to come to the U.S. temporarily to visit you and then return to their home country. Your spouse will need a nonimmigrant visa waiver in order to be approved of the visa.   

So, while a green card might be out of reach due to specific legal barriers, temporary visits can still be a viable option for staying connected. 

What Should You Do Next? 

It’s understandable to feel frustrated when you want to be with your spouse as soon as possible. The wait can be tough, especially when you envision a life together—sharing daily routines, special moments, and simply being close. 

However, don’t lose hope. If you encounter any issues, getting legal assistance can be a game-changer. An experienced immigration attorney can help you understand the problems and guide you through the process to resolve them effectively. 

Frequently Asked Questions 

Applicants for a spousal visa often have many questions about how to bring their spouse to the United States.  Here are answers to 10 common questions from the immigration lawyers at McBean Law: 

1. How long does a spousal visa take? 

The case processing times vary. It depends on how well the case was prepared. Generally, it takes 6 to 9 months for an I-130 family petition to be approved. The wait time at the National Visa Center will depend on how fast the U.S. embassy in your spouse’s country is processing visa applications.  

2. If my spouse’s visa was denied due to fraud or misrepresentation, can they still be granted a green card?

In some cases, yes, a foreigner spouse may still be approved for a green card despite fraud or misrepresentation. You should speak with an experienced immigration lawyer to discuss waiver options for your spouse.  

3. If my spouse needs a new divorce decree, does that mean we’re not lawfully married? 

It depends on whether the problem with the divorce decree can be easily resolved by the issuing authority. You should speak with a family attorney about whether your marriage is legal.  

4. What should I do if my spousal visa case was denied due to fraud or misrepresentation? 

You should speak with an experienced immigration lawyer immediately. Depending on who committed the fraud or misrepresentation, a waiver might be available to address the problem.   

5. Does McBean Law work on fraud or misrepresentation waivers? 

Yes, our team of experienced immigration lawyers have helped thousands of clients address difficult immigration problems, including overcoming a denial due to fraud or misrepresentation.  

Need Help? 

LaToya McBean Pompy, who has her own experience with the immigration process, founded McBean Law to assist families in reuniting. If you need help with your or your loved one’s visa, don’t hesitate to reach out. Contact McBean Law or call (888) 462-4006 for a private consultation with LaToya and her team of skilled immigration attorneys. 

Don’t let immigration challenges keep you apart. With the right guidance and support, you can overcome these hurdles and bring your spouse to the U.S. where you both belong. 

Planning Your Roadmap to Success  

Whether you are seeking assistance with visa applications, green cards, citizenship, or any other immigration matter, we are here to help you every step of the way. Our mission is not just to provide legal services but to empower our clients with the knowledge and resources they need to achieve their immigration goals. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become a reality too. Partner with professionals like McBean Law to chart your visa journey’s triumph.  

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LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.