TN Visa Professionals and Marriage to a U.S. Citizen.

1. Other Cases Eligible for U.S. Citizen Spouse I-130 Petitions.

a. Immediate Relative Status for Widows. INA § 201 (b) (2) (A) (i); 8 C.F.R. § 204.2 (b).

In the case of the death of the U.S. citizen, a foreign citizen spouse and his or her children may still file a petition for immediate relative status if:

• The couple married 2 years prior to the time of U.S. Citizen’s death;
• The foreign citizen files the I-130 petition within 2 years of the U.S. citizen’s death;
• The couple were not legally separated at the time of the U.S. citizen’s death; and
• The foreign citizen has not remarried.

b. Self-Petition By Spouse Of Abusive U.S. Citizen. INA § 204 (a) (1) (A) (iii); 8 C.F.R. § 204.2 (c).

A foreign citizen may self-petition for immediate relative status based on abuse from a U.S. citizen. The foreign citizen may include his or her children in the petition. The foreign citizen must demonstrate that he or she:

• Married a U.S. citizen and qualifies as an immediate relative;
• Resides in the U.S. and has resided with the U.S. citizen spouse;
• Entered the marriage with the U.S. citizen in good faith;
• During the marriage, the U.S. citizen battered or inflicted extreme cruelty on the foreign citizen or his or her child;
• Is a person of good moral character;
• Would (or his or her child would) suffer extreme hardship if deported.

c. Children of Foreign Citizens Qualifying as Immediate Relatives. 8 C.F.R. § 204.2 (a) (4).

A U.S. citizen must file a separate I-130 petition for status as an immediate relative for the children of the foreign citizen spouse. This is unlike I-130 petitions for foreign citizens under the Family-Based Preference system, which may include children on the same I-130 petition.