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

Yes. The EB-2 NIW is an individual petition, assessed on your own merits, so you can file on your own even if your spouse does not want to immigrate. The spouse’s decision does not block or invalidate your case.

This route waives the job offer and focuses on the contribution you can bring to the national interest of the United States. You are the one filing, with your own documentation and background, regardless of your spouse’s choice.

Helpful points to understand:

• The spouse can usually be included as a dependent, but is not required to join the process.
• If they decide to immigrate later, there are typically paths for that at a later time.
• The family situation must be reported correctly and consistently in the documentation.

Since each case has its particularities, it is worth confirming the current requirements and the options for the spouse at the official source (USCIS) or with a specialist before moving forward.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.