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Immigration

V has/filing for U visa; asks about getting one for spouse*

If a u-visa applicant is married at the time s/he files for a U visa, the applicant can apply for a u-visa for his/her spouse as a “derivative” - assuming that the spouse is not the one who committed the crime for which the U visa was issued. If the applicant marries after applying for the u-visa, the spouse cannot get U visa status. But, when a U visa holder files for his/her legal permanent residence after 3 years with the U visa, the U visa holder can then file an I-929 petition for qualifying family member for his/her spouse at that time. For the I-929 petition, the U visa holder must show that s/he or his/her family member would suffer extreme hardship if the applicant or the family member is not able to come to/remain in the United States, among other requirements. If that is petition is approved,then the spouse will be able to apply for his/her legal permanent residence.)

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