It is necessary to understand the definition of the word spouse from an immigration perspective. Immigration does not recognize a living-together relationship as a marriage, so either person in that relationship does not qualify to be a spouse. Immigration clearly states that a spouse is a legally wedded husband or wife. This is why marriage certificates issued by competent courts and government authorities become valid documentary evidence to prove the status of the spouse. In multiple marriages or polygamy, the current spouse or first spouse respectively qualifies as a spouse for immigration purposes. To be correct, while applying or filing the petition for a spouse, it is always better to seek professional legal assistance from a spouse visa lawyer.Filling the form and completing the formalities can sometimes become tedious and document-heavy. Even though it may seem simple and just information-based, filing petitions could become tricky, and you could land up making simple yet unwanted mistakes that would result in a rejection. To ensure the correctness of the information being filled, it is better to get advice on immigration from a specialist. Avoiding mistakes will ensure no cause or reason for rejection or delay. Spousal immigration forms sometimes tend to be quite deceptively simple. It is wrong to assume that immigration authorities or officers will only ask for relevant information and documents if necessary. Many times, this is not what actually happens. It always helps to provide all documentary evidence upfront and from the beginning. This will help prove that you are eligible for spouse immigration benefits.
Remember, many aspects and things could go wrong with the petition. As a pointer and guide, here are five key mistakes that must be avoided.Substantiated Evidence of a Legal Marriage
When applying for spousal immigration, it is critical to substantiate that the marriage is legal and validated in all aspects, especially from the point of view to prove the merits of the wedding. Documentary evidence would be necessary to validate a genuine relationship. Not just a marriage certificate. In other words, the husband or wife must prove bonafide of their marriage. Any mistake in this documentation will result in rejection or delay.Documentary evidence of Previous Marriage annulment
Husband or wife must clearly verify through proper documentation and certifications that all previous marriages have been annulled. Present or current marriage must be shown to be a real marriage. However, if either the husband or wife were never married before, there is no need to prove any annulment. In the case of the demise of a previous spouse, a death certificate suffices typically. False or incorrect documents will most certainly result in a rejection.Undocumented Spouse
Filing an immigration petition under the spousal visa category for an undocumented spouse will undoubtedly result in rejection. It is therefore not advisable to file a petition for your undocumented spouse. As per immigration terminology and definition, the word undocumented applies to those persons who are physically present in the US but do not have lawful immigration status. This means that the person could be an unlawful resident in the US. It is best to seek legal advice from experts like Total. Law. Another connotation could be that a person has entered the US with a valid visa, but that visa has expired and has continued to live in the US without having renewed the Visa. In this case, also, the person could be called an undocumented individual. Such circumstances could face rejection.Incomplete information and Missing Documentation
Step-by-step checking and verification of the data and documents is the only way to ensure that all relevant information is included in the application. It is advisable to sit with your legal expert or attorney to ensure that each document is relevant and submitted correctly. Make sure the application contains every tiny bit of evidence required to meet the legal requirements of spousal immigration. Even a slight shortfall in this could result in delay and possible rejection. You could also make sure there are no inaccuracies, discrepancies, and mistakes in the information being submitted. Any inconsistent or inaccurate information will render cause for rejection. It could also reflect on the credibility of the application.Incomplete Fees and Wrong Filing Address
After the entire set of forms is filled, checked, verified, and finally vetted by a legal expert, make sure to check and include the correct fees required for your petition application. Also, make sure that the correct address is entered in the petition. Finally, check that the petition is submitted to the appropriate immigration office. The wrong submission could become a cause for delay and rejection.