This guide is for the US Citizen that is trying to fully understand what are the immigration options/processes. If you have a Venezuelan Spouse or Fiance, this Guide will cover the most common topics and questions.
There are two common immigration options:
For Adjustment of Status, USCIS will require the Venezuelan Spouse to have "status" within the United States and be otherwise eligible to immigration.
For a marriage to be recognized within the US and Abroad, USCIS will heavily review relationship proof. A breakdown on how to prove a relationship to meet Immigration Standards can be seen here: https://www.fickeymartinezlaw.com/immigration/adjustment-of-status/joint-bona-fide-documents-how-to-start-meeting-the-uscis-i-130-evidence-requirement-for-a-marriage/
Additionally, for any immigration process, the US Government will require proof of Financial Stability. In a nutshell, the US Government needs to review the past 3 years of income, and confirm the past and current income is over the Federal Poverty Level Guideline (link to the guideline found here:
https://www.uscis.gov/i-864p ). The Government will normally require:
Since everyone’s income situation may be different, the following links do a much deeper dive into needed financial documents:
Visa types matter! For many Venezuelans, they normally entered the US with a B1/B2 tourist visa. However, some may have entered with an F-1 student visa, which may require some information regarding school attendance, or J1 exchange visa, which MUST DETERMINE whether the J1 Visa was restricted or not. (Restricted J1s require 2 years back in Venezuela in order to be eligible of immigration or a waiver would be required).
Venezuelans also may have received Venezuelan Parole to enter the United States and may have even received Venezuelan TPS or Temporary Protected Status, both of which create a file with USCIS that would need to be corroborated in any future USCIS Filing.
The
Venezuelan Passport has been a longstanding issue as it expired for many, was virtually unavailable for Venezuelan Citizens that are outside of Venezuela for many years, and may have received special extensions. For Venezuelan passport holders living in the United States, the new passport would need to be requested through Servicio Autónomo Integrado de Migración y Extranjería (SAIME) online portal, and, since all foreign offices of Venezuela in the US are currently closed, Embassy of Venezuela in Mexico would be the nearest location to receive assistance.
The Venezuelan Birth Certificate would be required for any US Immigration Option. More information can be seen here: https://www.fickeymartinezlaw.com/venezuelan-birth-certificate-for-us-immigration-purposes
A Venezuelan Divorce Decree (Sentencia de Divorcio) MUST be issued from the Civil Tribunal of the Court of First Instance (Juzgado de la Primera Instancia en lo Civil). It must contain the stamp and signature of the Court and Judge that issued divorce decree. A copy of the decree can ONLY BE ACQUIRED from the court that performed the divorce. So, the exact court would need to be contacted directly for assistance.
A more expansive list of documents can be seen here: https://www.fickeymartinezlaw.com/immigration/immigration-checklist-what-our-law-office-generally-recommends
If you need assistance with an immigration process, you can contact our office to set up a Consult with the Immigration Attorney.
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