My spouse refuses to immigrate. Can I apply for NIW alone?

The EB-2 NIW (National Interest Waiver) visa is a category that allows professionals with advanced skills or advanced degrees to demonstrate that their work is of relevance to the interests of the United States, thus waiving the requirement of a job offer. This route is individual, and each case is evaluated based on the candidate’s qualifications and the relevance of their work.

Answering your question about the possibility of applying for NIW alone even if your spouse refuses to immigrate: yes, you can file your NIW petition independently. The process is based on the evaluation of your personal merits and the contribution you can offer to the country, and does not necessarily require the spouse to accompany the application.

Therefore, if your spouse chooses not to immigrate, your application can proceed solely with your own documents and justifications. However, it is important to emphasize that if you are married, your spouse may be entitled to derivative benefits from your process, should they choose to immigrate at a later time.

Thus, it is essential to ensure that all data is correct and that the family situation is properly clarified in the submitted documentation. Always remember the importance of complying with United States immigration laws and seeking reliable information before making any decisions.

There are specialized companies and official sources that can assist in the analysis of each case, helping to avoid scams or unfounded promises that do not provide real guarantees of outcomes. Each process has its specificities, and staying well informed is a crucial step in any immigration path.

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.