My spouse was also a victim. Can we each petition as the principal applicant?

Many people get confused about the possibility of each spouse, when both were victims of a crime, meeting the requirements to individually petition for a U visa. The U visa was created to protect crime victims who cooperate with investigations, providing them with a path to remain legally in the United States. Eligibility for the U visa requires that each person demonstrate they were a victim of a qualifying criminal activity, suffered physical or psychological harm, and have cooperated, or are in the process of cooperating, with law enforcement authorities.

When both spouses were victims, the strategy to be adopted depends greatly on the particularities of the case. If each spouse has their own line of evidence – for example, if they were victims of different incidents or if each can independently demonstrate the extent of the harm and cooperation with the investigations – it may be possible for each to be submitted as the principal petitioner.

On the other hand, if both experienced the same criminal episode, the process usually takes place with one spouse acting as the principal and the other included as a dependent. This approach avoids duplicity of information and facilitates the case review by the responsible agency.

It is important to remember that the analysis of each situation is unique. If you and your spouse are considering this possibility, be sure to gather all documents, testimonies, and evidence that prove the nature of the incident, the harm suffered by each, and the cooperation with authorities. Strictly following United States immigration laws and obtaining guidance from reliable sources is essential to ensure the process is carried out correctly.

Always be wary of miracle promises, misleading marketing campaigns, or advice from non-specialized sources, as the integrity and accuracy of the data presented to immigration are crucial. Each situation is singular, and the best approach will depend on the specific evidence and details of the case. Thus, making decisions based on what the law provides and consistent information is the safest way to avoid future complications in 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.