Greetings Jorge Rivera, immigration attorney.
Do you qualify if you marry your partner after he/she has applied for the U Visa? The answer is: YES, you qualify.
Let's start by clarifying an important point, which has to do with the latest change in Immigration. From now on they are going to adopt a new decision from the Ninth Circuit. And that decision tells us that they are going to take into account whether they were married when they approved the case. This means that, the person can get married after having applied and be included in the U Visa.
A change like this is critical to keep in mind, as there are many, many people who have a partner applying for a U Visa who has not yet been approved and wants to obtain a work permit with a U Visa pending.
The way to do it is: get married! Even if the marriage is after the U Visa application has been filed, you will still be able to receive the benefit, not just the approved U Visa and the residencebut the work permit. All while you wait.
So, this is something very important for us to keep in mind. We make the most of all these U Visa benefits to take advantage of them, especially the work permit.
While waiting for you and your wife or husband, even if the marriage occurs after you have applied, call us at: 88 85 78 22 76