This is always a difficult area for couples to file in, and while some choose to use the services of an immigration lawyer, others choose to go it alone.
It really would be in everyone’s best interests if dual nationality couples wanting a visa for their partner to come to the U.S., filed for the I-129F petition with the assistance of a highly skilled immigration attorney. It would mean an error free process without the possible delays often likely when people attempt to file on their own. The delays are usually the result of not fully knowing or understanding current immigration rules and regulations, which seem to change daily.
If a couple still wishes to try to file on their own, it would be a good idea to be as well prepared as possible in advance of dealing with U.S. Immigration, as this will save potential difficulties later in the process. “The first thing anyone would need to know is the correct service center to file petitions. If a petition is filed in the wrong center, this has the potential to lead to delays,” indicated Sally Odell of Rifkin Fox-Isicoff, P.A., in Miami and Orlando, Florida.
Documentation is a major part of any petition and it must be correctly filled out or there will be even more difficulties.” Make sure all the documents that are required are submitted with the petition, as this will save Immigration from sending out a Request for Evidence,” added Odell. If everything they need is included, this speeds up the process.
“If there are documents that require translation, make sure there is a translation attached to the petition,” outlined Odell. Don’t think twice about the necessity of this, just do it, as failure to offer one may wind up receiving a request for further evidence or something called a 221G, which is a refusal by the U.S. Embassy to issue a visa without more information.
Keep in close touch with the other person so that both parties know precisely where things are in relation to the application for a visa. If there is no communication, or sporadic communication with sparse details, this will further slow the whole process down.
This should go without saying, however it seems to be an issue often enough that it needs to be mentioned. Do not under any circumstances lie to the federal government about your reasons for wanting to immigrate to the U.S. In other words, don’t apply for a tourist visa for a potential spouse and then wonder why you are not able to get married using that particular visa. Tourist visas are for people who come to visit and have no intentions of staying.
The bottom line is, that in order to make certain the proper documents are filed in a timely manner, it is best to consult with a knowledgeable immigration attorney who will make this process a lot easier than going it alone. One such knowledgeable attorney is Sally Odell of Rifkin Fox-Isicoff, P.A., in Miami and Orlando, Florida.