“I Live In The US, I Want To Relocate My Wife And 2 Kids To Join Me”: Immigration Expert Advises
- A Ghanaian man residing in the USA for over three years has lamented being unable to relocate his wife
- In a message to YEN.com.gh, he asked for guidance on how to move his wife of six years and their two children
- William Nartey, Esq, a Ghanaian lawyer with a PhD from Florida A&M University College of Law, shared the process of moving his spouse from Ghana to the USA
''On November 25, 2019, I relocated to the USA for greener pastures, leaving my wife and two children in Ghana. It was tough for me, but we needed an upward shift in our income to secure our future, especially that of our kids.
After over three years in the USA, I asked my wife to join me with our princess and cute prince. Unfortunately, several attempts to get her to move since late December 2022 have failed for one reason or another.
I’m now reconsidering the decision to relocate them, but I’d appreciate expert advice on proceeding this year. They’d have to live in Ghana until 2026 if this fails again.
YEN.com.gh had a WhatsApp conversation with the founded law firm William Nartey, LLC (USA) about how the young father could relocate his wife to the US.
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William Nartey, Esq is an experienced advocate licensed to practice law in Georgia, USA, and the Republic of Ghana. He earned his Bachelor of Arts in Political Science and minor in Economics from Luther College in Iowa, USA. He received his Juris Doctorate from Florida A&M University College of Law, where he served as a Human Rights Fellow and international Law Scholar. After that, he obtained his Qualifying Certificate of Law (QCL) from the Ghana School of Law.
If you want to bring your spouse to the US, you need to be either a citizen of the US or a permanent resident (green card holder).
Suppose you are a US citizen and your spouse is already in the US. In that case, you can file Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence) to adjust their status. This is called concurrent processing and is usually faster to complete.
Suppose you are a US citizen or permanent resident, and your spouse is outside the US. In that case, you can file Form I-130 with the US Citizenship and Immigration Service (USCIS) and then file Form I-485 after the Form I-130 has been approved and the file has been sent to the US Department of State, National Visa Center (NVC).
You must pay the required fees and submit documents to the NVC with your spouse, including an affidavit of support for your spouse. The NVC will then transfer the case to the US consulate in Ghana. After obtaining a police clearance and completing a medical exam, your spouse will be invited for an immigrant visa interview. This is called consular processing.
Lawyer Nartey discussed possible challenges and how he can navigate these difficulties.
Proving the subsistence of a Valid Marriage
Applicants are, on occasion, unable to prove that they have a bona fide marriage. The most important part of your application is confirming that you and your spouse have a legally recognised and bona fide marriage. This relationship is critical to your eligibility for a green card. You must have a valid marriage certificate as evidence of your marriage. In addition, adding photos of the ceremony, your relationship throughout a period, and affidavits from persons close to you and your spouse is helpful to your application.
Evidence of Financial Support
You, the US citizen spouse, must show you can financially sponsor your spouse for the immigration benefit sought. You must earn 125 per cent of the Federal Poverty Level for your spouse to qualify for a green card. This is usually established by providing copies of the sponsoring spouse’s federal income tax returns and recent pay stubs.
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Misrepresentation
Many applications are denied as a result of material misrepresentations. Misrepresentation or dishonesty to immigration officials is considered fraud and will prevent you from getting a green card. Applicants must ensure that their information is truthful, accurate and verifiable.
The information provided above is not intended to be legal advice. You are advised to seek independent legal counsel in all immigration-related matters.
Disclaimer: The advice given in this article is general and is not intended to influence readers’ decisions about marriage or how to relocate their partners from Ghana to the US. They should always seek professional advice that considers their circumstances before deciding.
Do you have a story or need expert advice? Contact us at ask.an.expert@yen.com.gh, with Ask an Expert in the subject line.
Ghanaian relationship expert advises the couple
In a previous story, YEN.com.gh reported that Dr John Boakye, a Ghanaian relationship and marriage counsellor with a doctoral degree in Christian Counselling, gave expert advice.
The renowned doctoral degree holder detailed three approaches couples can use to address their marital problem.
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Source: YEN.com.gh