Can my spouse submit two simultaneous petitions with me?

The EB-2 NIW visa is an option for professionals who have advanced qualifications or exceptional abilities and can prove that their stay in the United States will bring benefits of national interest. It is a complex process that requires attention to detail and strict compliance with the country’s immigration rules.

Regarding the question of whether your spouse can submit two simultaneous petitions with you, it is important to clarify that there are generally two approaches to the EB-2 NIW in couples’ cases. If only one spouse has qualifications or engages in activities that meet the EB-2 NIW visa criteria, that individual is the primary applicant, and the spouse can be included as a dependent in the same petition. In this way, the entire process is conducted through a single application, which avoids duplication and maintains the consistency of the case before the immigration authorities.

On the other hand, if both spouses have qualifications that meet the EB-2 NIW criteria independently – that is, each has sufficient merit to demonstrate that their work is of interest to the national interest of the United States – each can, technically, file a separate petition as a principal applicant. However, it is crucial that each petition be substantiated in a distinct manner and with evidence proving each individual’s achievements. The petitions must be evaluated autonomously, and attempting to submit two identical or interconnected petitions without proper differentiation can raise questions regarding duplication and the veracity of the information presented.

Regardless of the chosen strategy, it is essential to rigorously comply with immigration laws and provide accurate and verifiable information to the responsible agency. Given the complexity of cases, it is strongly recommended to seek the support of specialists or recognized companies in the immigration field, always taking care to avoid scams or marketing campaigns that promise guaranteed or fast results. Also remember that each case is evaluated individually by the competent authorities, and the quality of the documentation and arguments presented is decisive for the success of the process.

In summary, while one spouse can be included as a dependent in a single primary petition, both spouses may submit separate simultaneous petitions only if each is independently eligible and presents their respective merits. Maintaining clarity and integrity in the petitions is crucial for the proper progress of the immigration process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.