Employment Based Immigration | New York Couple Secures Lawful Permanent Residence Despite Pandemic Delays

The couple maintained a long-distance relationship between the United States and South Korea for several years before marrying in 2018. 

The principal spouse, A, had already obtained U.S. lawful permanent residence through Employment Based Immigration and was lawfully residing and working in New York. 

Because A’s status was employment-based rather than family-based, it established a stable legal foundation for subsequent sponsorship.

The non-U.S. spouse, B, sought to immigrate to the United States as the spouse of a lawful permanent resident. 

From an immigration perspective, the case required careful coordination between employment-based status and family-sponsored immigrant visa procedures.

At the initial consultation, there were no criminal, immigration, or admissibility issues affecting B. 

The couple possessed extensive documentary evidence of their relationship, marriage, and shared history, supporting the bona fide nature of the marriage. 

Given A’s lawful status through Employment Based Immigration, the case appeared procedurally straightforward.

Based on standard processing timelines, it was expected that B would be able to complete consular processing and join A in New York without major obstacles. 

However, unforeseen global events soon altered the course of the case.

The spousal immigrant petition (Form I-130) was approved without issue, and the case advanced to the National Visa Center (NVC). 

All required civil documents, financial evidence, and affidavits of support were submitted, and the case was deemed documentarily qualified (DQ).

At this stage, B was positioned for a consular interview at the U.S. Embassy.

Because A’s income was derived from lawful employment authorized by Employment Based Immigration, the financial sponsorship requirements were met without difficulty. 

In addition, a joint sponsor was identified as a precautionary measure to ensure full compliance with NVC standards.

In March 2020, the COVID-19 pandemic triggered a global suspension of routine visa services. 

The U.S. Embassy in Seoul halted immigrant visa interviews, causing B’s case to remain in limbo despite NVC qualification. What would normally take one to three months stretched into an indefinite delay.

During this period, ongoing monitoring of U.S. Department of State announcements was critical.

Although Employment Based Immigration cases and certain family categories were later prioritized, the accumulated backlog meant that interview scheduling remained significantly delayed.

Because more than a year elapsed after NVC qualification, many previously submitted documents required updating.

Income figures, tax returns, and employment verification letters had to reflect current information. This included updated documentation for both the sponsoring spouse and the joint sponsor.

Given that A’s lawful employment in New York was rooted in Employment Based Immigration, maintaining accurate proof of continued employment and income was essential. 

Coordinated communication with A in the U.S. and B abroad ensured that no document gaps emerged.

Once immigrant visa interviews for spouses of lawful permanent residents resumed, B’s interview was scheduled in August 2021. Prior to the interview, comprehensive preparation was conducted, including a one-on-one simulated interview session. 

This allowed B to confidently address questions regarding the marriage, immigration history, and future plans in New York.

Throughout preparation, legal guidance emphasized consistency with prior filings and clarity regarding A’s Employment Based Immigration history. 

As a result, B was able to proceed calmly and effectively during the actual interview.

At the conclusion of the consular interview, B’s immigrant visa was approved on the spot, and the passport was retained for visa issuance. 

Shortly thereafter, B entered the United States and joined A in New York as a lawful permanent resident. 

The case concluded successfully more than three years after the initial petition was filed.

Despite extraordinary global disruption, careful planning grounded in Employment Based Immigration principles ensured that eligibility was preserved at every stage.

This case illustrates that while many spousal immigration cases are self-filed, unexpected disruptions can create significant legal and procedural challenges.

Without ongoing legal oversight, document lapses or missed updates could have resulted in further delays or denial.

For individuals whose immigration journey begins with Employment Based Immigration, downstream family sponsorship requires the same level of diligence and strategic foresight. 

Professional support can make the difference between prolonged uncertainty and a successful outcome.

At SJKP, we assist clients in New York with complex immigration matters involving Employment Based Immigration, spousal sponsorship, consular processing, and long-delayed cases. 

Our team closely monitors regulatory changes, prepares comprehensive documentation, and provides continuous guidance from petition to visa issuance. 

If you are navigating an immigration case affected by delays or uncertainty, contact SJKP to discuss how we can support your path forward.