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I130a instructions Form: What You Should Know
The I-130A is supposed to be filed by the spouse seeking the green card, so if your spouse already has the green card application underway, you can save yourself a lot of time, filing the I-130A first, and then completing your application. The “Spouse” and your “Spouse's Exemption” Although the name is correct for most purposes, I'd note that in the I-130A “spouse” and its second part “exemption” are used. In fact, the name “exemption” has its roots in English law and appears in the 14th Amendment — which was ratified in 1865 — in the following way: “If one of the parties is an alien, the marriage shall not be recognized as valid under this title by reason of the status of the other party...” In other words, when both parties have “standing” here in this country as U.S. citizens, the law and precedent are pretty clear on what the law says about your relationship if you have married a non-U.S. citizen, and we'll see what the U.S. courts decide in this case. However, on its own, this provision does not give U.S. visa holders any sort of “inheritance” of the non-U.S. citizen spouse's immigration status. What that “special relationship” means in practical terms is that the spouse without a green card can get an extended stay of status as a non-immigrant guest worker. So, in some ways, it's a very complicated provision that applies to a very small fraction of the marriage visa applicants — the spouses of people already in the country. However, I've written about this kind of rule before, and you can go to this blog post, and I believe I mentioned a study that I referenced in another blog post. If you're curious about that study, you can go to the original source, and see for yourself. The Facts About the Petitioner's Spouse 1. The petition for the spousal visa One of the questions you'll be asked over and over when you submit Form I-130A is whether your spouse has ever renounced his or her U.S. citizenship.
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