You need to apply for a permanent residency status. Go to INS or call them to get the application. It is a process that will take about 6 months to a year. After living in the US for 3 years as Permanent Resident your spouse can apply for US citizenship.
An immigrant in the US can petition for his or her spouse who lives in a foreign country as long as he/ or she living in the US has already recieved their citizenship.
To file for divorce in Georgia, you need to complete a Petition for Divorce form and file it with the Superior Court in the county where you or your spouse live. You must also pay a filing fee and serve the petition to your spouse. After filing, there will be a waiting period before a final hearing is scheduled to complete the divorce process.
To combat the wait, your spouse can file a Form I-129F - nonimmigrant K-3 Visa - at the same time that the immigrant petition is filed. This will allow them to live and work in the U.S. while your immigrant visa petition is pending. If your spouse does not file the petition for a K-3 Visa, they may be forced to wait outside the country until their application for immigrant status has been approved.
Filing married filing separately does not make you responsible for your spouse's debt. Each spouse is responsible for their own debts when filing separately.
You cannot petition them as grandparents do NOT qualify as a dependent relative/spouse. You can only petition a spouse, children, and parents.
You should wait for 60 days after Filing for divorce and you and your Spouse should ask the court to finalize a divorce.This time will begins on the day you file your divorce petition with the court.
The same process is used regardless of the whereabouts of the non filing spouse. The party wanting the divorce files the dissolution of marriage petition in their state and county of residence. Service to a spouse who is not living in the state where the divorce is filed is known as an edictal citation. If the whereabouts of the person is not known the filing party must prove to the court that they have made every possible attempt to find the person or a member of the person family (subsituted service). A spouse who refuses to respond when served with the dissolution summons, regardless of where they may be residing forfeits his or her right to contest the action. When the non filing spouse refuses to respond or cannot be found, the requesting spouse will be granted the divorce under the default laws of the state in which the petition is filed.
Yes, you can file as married filing jointly for the tax year in which your spouse passed away.
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Effective June 26, 2013, an American citizen can sponsor a same-sex, foreign spouse for permanent residency. The process is easier if the foreign spouse has not overstayed a visa and has not entered the country illegally. If the foreign spouse entered the country illegally, he or she may be subject to a bar for re-entry to the United States. Many other countries permit citizens to sponsor same-sex spouses.
Any married person has the option of filing as "Married filing separately" which requires no reporting or signature of the spouse. You can also still file as "Married filing jointly" if you both wish to do so as long as you can get the spouse's signature.
The main difference between a surviving spouse and a head of household for tax filing status is that a surviving spouse can file as "married filing jointly" for the year their spouse passed away, while a head of household is a filing status for unmarried individuals who provide a home for a qualifying dependent.