Do I Need a Lawyer to file an Immigrant Visa (Spouse) Application? While, as a matter of law, visa applicants are at liberty to file an Immigrant Visa (Spouse) application in person, representation is recommended for best prospects of success, and to ensure the process is as smooth and efficient as possible.
How to get an immigrant visa for a spouse of US citizen?
Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required. Learn more. Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in ...
Do I need a lawyer to apply for an immigrant visa?
Do Not Sell My Personal Information You are not required to have a lawyer when applying for an immigrant visa or green card in the United States or overseas.
When can a spouse travel to the United States after immigration?
After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case.
Can a common law spouse immigrate to the US?
Merely living together does not qualify a marriage for immigration. Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs. In cases of polygamy, only the first spouse may qualify as a spouse for immigration.
How long will it take to get an immigrant visa for my husband or wife?
Average time - Between five and 14.5 months to get a Form I-130 petition (Petition for Alien Relative) approved by USCIS as of early 2022; another six to 11 months or longer to get an immigrant visa to come to the United States.
Do I need a lawyer to get my wife a green card?
You do not have to hire an immigration lawyer to apply for a Marriage Green Card. More than half of all marriage Green Card applications are filed by individuals who do not work with an attorney.
Do spousal visas get denied?
Spouse Visa Refusals can be distressing for couples and families hoping to live together and start a new life in the United States, but the decision can be appealed. We've had spouse visa petitions denied by U.S. Visas and Immigration.
What are the requirements for a spousal visa?
A CR1/IR1 visa allows a U.S. citizen or legal permanent resident (green card holder) to sponsor their foreign spouse to come to the United States. Specific requirements include: The sponsor must be a U.S. citizen or legal permanent resident. The couple must be lawfully married and provide a valid marriage certificate.
Can immigration lawyer speed up process?
The immigration process can be intimidating and take a long time, but hiring an immigration attorney to support you with your case can speed up the process and help you meet your goals.
Can you stay in the US while waiting for marriage green card?
In most cases, spouses who are eligible to adjust status prefer to do so. It allows the foreign spouse to stay in the United States while waiting for the marriage green card.
What percentage of spouse visas are approved?
But considering the USDHS statistics table, experience, and other sources, the spouses' approval rating goes as far as 99%. On the other side, the K-1 visa statistics show a bit less of approval percentage: around 80% of applicants.
How long does it take for a spousal visa to be approved?
Spouse Visa Processing Time Visa processing usually takes around 3-5 months. If you are a permanent resident, you must wait for a visa to become available for your spouse, based on their priority date. This can vary depending on the spouse's home country, but the typical time is around 24 months.
Why do US spouse visas get rejected?
Main Reasons For Getting Visa Denied are: Forms that are not signed. Legal obstacles such as the divorce process of the previous marriage. U.S. citizen income does not meet the criteria. Big age difference, cultural differences, inability to communicate in English, etc.
What is the fastest way to bring my wife to USA?
Historically, family reunification has been the easiest and fastest way of bringing your loved ones to the United States.
Which is faster fiancé visa or spouse?
If the goal is for the couple to be together in the U.S. as soon as possible, the K-1 visa is most likely the fast path. From the date of filing to the date of admission to the U.S., it will take approximately 5-10 months on a K-1 fiancé visa. On the other hand, the marriage visa may take 10-16 months.
What questions are asked in a spouse visa interview?
Questions about personal informationWhat is your spouse's name, date of birth and place of birth? ... How did you meet your spouse? ... What did you do for your first date?When and where did you get married? ... Where did you go on your honeymoon?What are your hobbies and interests?More items...
How much does it cost to file for spouse green card?
Cost Of Applying For A Marriage-Based Green Card In The U.S. As of February 2021, the cost of applying for a marriage-based green card in the United States is $1760. However, it is important to note that these fees may be subject to change.
How much does it cost to get a green card through marriage 2022?
As of early 2022, the State Department's immigrant visa application fee was $325 for family-based applicants, $345 for employment-based applicants, $330 for diversity visa applicants, $265 for a fiancé (K-1) visa, and $205 for various other categories.
How do I apply for a green card for my spouse?
Form DS-260 (green card application filed online) Proof of nationality of the spouse seeking a green card (copy of birth certificate and passport photo page) Copy of a police clearance certificate for the spouse seeking a green card (showing previous interactions with law enforcement, if any)
How long does it take to get a green card through marriage?
10-13 monthsThe total application processing time takes anywhere from 10-13 months for the entire marriage-based green card timeline. The key difference between an interview at a U.S. Embassy or Consulate and in the country is that both the spouse and the sponsoring U.S citizen must attend the interview.
What is a Marriage Visa?
A Marriage Visa is a visa that grants the spouse of an American citizen the right to come to the United States and obtain a Green Card. It may also...
What are the Requirements for Marriage Visa?
There are a few requirements that must be met in order to successfully obtain a Marriage Visa. For one, you or your spouse must be a U.S. citizen....
What is the CR1 Visa Processing Time?
The processing time for a CR1 visa, from beginning to end, is generally 10 months to a year. If you are a permanent resident rather than a citizen...
What is the Immigration Lawyer Marriage Cost?
Government and medical fees for a CR1 generally total around $1500 depending on the country you or your spouse is emigrating from. The cost is not...
What do immigration lawyers do?
What do immigration lawyers actually do? If you’re going through the immigration process, do you need one? These are completely fair questions, so let’s start with two important points: 1 You are never required to use an immigration lawyer. The immigration statute gives you the right to have an immigration attorney if you want to retain one. The attorney can file legal documents as your representative and can appear with you at immigration interviews. But you are never required to have one if you prefer not to. 2 Most people do not use an immigration lawyer. Whether immigration lawyers like it or not, that’s the simple truth. Most people who successfully complete the immigration process never hire a lawyer. There are good reasons that you might want legal representation, but you should also know that thousands of people immigrate every year without a lawyer’s help. No one should scare you into hiring a lawyer by saying that it’s impossible to succeed without one. That’s just not true.
What is the most valuable service an immigration lawyer can offer?
That’s why the most valuable service an immigration lawyer can offer is as a strategic adviser. A good immigration attorney should be able to help you understand what roads you’re allowed to walk down.
Can an immigration attorney delay a request for evidence?
Even with the best legal assistance, the immigration authorities can issue Requests for Evidence, causing delay. But a good immigration attorney maximizes your chances of getting through the process with no or little unnecessary delay.
Can a foreign spouse get a green card?
with the intention to seek a green card – and came on a temporary status – he has committed an act of fraud. His green card application can be denied. What’s far worse, is that he can also be subjected to a lifetime ban from ever returning to the U.S.
Is immigration stressful?
The fact is that the immigration process is stressful . A lot is riding on an application, and our clients are understandably very anxious to see everything turn out as planned. We find that our clients have questions not just at the beginning of a case, but throughout the process. One of the best services we can provide is staying by our clients’ side throughout the process. Our clients can communicate with their attorney whenever they want to, and they aren’t charged extra for these questions. By doing this we can help reduce our clients’ stress by giving them the assurance they have correct, competent answers to the many questions that arise.
What is a marriage visa?
A Marriage Visa is a visa that grants the spouse of an American citizen the right to come to the United States and obtain a Green Card. It may also be referred to as a CR1 or IR1 visa. Both the citizen and his or her spouse wishing to enter the country must meet the minimum requirements for this immigration benefit. If both parties are eligible, a marriage immigration lawyer like Abogado Ray can help you to obtain a Marriage Visa.
How long does it take to get a CR1 visa?
The processing time for a CR1 visa, from beginning to end, is generally 10 months to a year. If you are a permanent resident rather than a citizen and are filing through an F2A spousal visa, it may take up to two years.
Can I get same sex visa as opposite sex spouse?
Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses. Consular officers at U.S. Embassies and Consulates will adjudicate their immigrant visa applications upon receipt of an approved I-130 or I-140 petition from USCIS. ...
Can a spouse get a K-3 visa?
Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required: Petition for Alien Relative, Form I-130, and Petition for Alien Fiancé (e), Form I-129F. Learn more.
What is a visa for a foreigner?
A visa allows a foreign citizen to travel to the U.S. port-of-entry and request permission to enter the U.S. Applicants should be aware that a visa does not guarantee entry into the U.S. The DHS, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the U.S. Travelers should review important information about admissions and entry requirements on the CBP website under Travel. Once you have been admitted to the U.S. as a permanent resident, your Permanent Resident Card, Form I-551 (formerly called Alien Registration Card, also known as a green card) will be mailed to you.
What are some examples of ineligibilities for a visa?
Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents. If you are ineligible for a visa, you will be informed by the consular officer and advised whether there is a waiver of the ineligibility available to you and what the waiver process is. Classes of Aliens Ineligible to Receive Visas contains the complete list of ineligibilities.
How long is an immigrant visa valid?
An immigrant visa is generally valid for six months from the issuance date.
Why are some visa applications delayed?
Some cases are delayed because applicants do not follow instructions carefully. Sometimes the U.S. sponsor, or petitioner, cannot meet Affidavit of Support requirements. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a consular officer.
How old do you have to be to sponsor a spouse?
U.S. Sponsor Minimum Age Requirement. There is no minimum age for a U.S. sponsor (petitioner) to file a petition for a spouse. However, you must be at least 18 years of age and have a residence ( domicile) in the U.S. before you can sign the Affidavit of Support (Form I-864 or I-864EZ). This form is required for an immigrant visa for a spouse ...
How to file an alien relative petition?
The first step is to file a Petition for Alien Relative, Form I-130, with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for your spouse (husband or wife) to immigrate to the United States. For instructions on how to file a petition, including where you should send the petition, see the USCIS website.
Where does the NVC send the visa application?
NVC then sends the file, containing the applicant’s petition and the documents listed above, to the U.S. Embassy or Consulate where the applicant will be interviewed for a visa. The applicant, petitioner, attorney, and third-party agent, if applicable, will receive appointment emails, or letters (if no email address if available), containing the date and time of the applicant's visa interview along with instructions, including guidance for obtaining a medical examination.
How much does an immigration attorney cost?
While US immigration attorneys cost $100 to $300 and more an hour, there are times when you will want to consult with an attorney. For example, if there is something in your situation which may make it hard for you to get approved by the USCIS, you will need to speak with a US immigration attorney.
What to do if your immigration petition is rejected?
As well, if your immigration petition is rejected or if the Department of Homeland Security or USCIS accuse you of doing something illegal, a US immigration attorney is very important; he or she can help you prove your innocence. Post navigation.
Is the immigration process complicated?
The US immigration process is complex and can be intimidating for the newcomer or visitor to the US. While there are many resources to help individuals going through the US immigration process, the process can be so complicated and expensive that many immigration applicants wonder whether they need to hire a US immigration attorney in order ...
What are the requirements for a spouse visa?
Requirements when applying for a U.S. spouse visa 1 that he or she is a U.S. citizen or permanent resident; 2 that he or she is legally married to the foreign citizen applying for the visa; 3 that he or she meets the income requirements for sponsorship (each U.S. has specific income conditions).
What form do I need to fill for an immigrant visa?
A person who applies for an immigrant visa (IR 1) has to fill the Form I -130, Alien Relative Petition Form I -130. These are the first steps in this procedure and they are processed with the Homeland Security Department by the husband or the wife of a U.S. citizen .
Can I bring my spouse to Miami?
The second possibility to bring your spouse in Miami is to apply for a non-immigrant visa. Same as for the immigrant visa, in this situation, it is also required to fill in the Alien Relative Petition. This category shortens the separation between the spouse and the U.S. citizen because it is a type of visa that can be obtained previously the immigrant one.
Can a foreign spouse apply for an immigrant visa?
As mentioned above, the foreign spouse is recommended to apply directly for the immigrant spouse visa for the U.S. in order to benefit from a speedy procedure. The documents he or she must consider are the I-130 (the Petition for Alien Relative), the G-1145 (the electronic notification for the acceptance of the application which is optional), the DS-260 (the immigrant visa electronic application), the DS-261 (an online address of agent) and the I-864 (declaration of support).
How to get a marriage visa?
To qualify for the Marriage Visa, you must meet the following requirements: 1 You are a US Citizen or Permanent Resident.#N#Currently, the CR1 Visa is only available to US Citizens. If you are a permanent resident, you may file for a marriage visa (F2A spousal visa) as an alternative. It is a very similar process; however, it does take a bit longer. 2 You must be married.#N#You cannot file a marriage based petition until you are married. If you prefer to marry in the United States at a later point, the fiancé visa is the appropriate visa. 3 You can support your spouse in the United States.#N#You must meet the federal poverty guidelines to show that you can support your Spouse. If you do not meet the requirements, you can use a cosponsor and/or other assets to meet the requirements. 4 Your spouse must have obeyed US Immigration Laws.#N#When applying for a spouse visa, your spouse must be eligible to receive an immigrant visa. Certain things, such as an illegal entry or overstaying a visa can seriously complicate the process. If this is the case in your situation, feel free to call us to discuss.
How much does it cost to get a spouse visa?
We then send you the marriage visa forms for signature and review. You will sign them as instructed and return them to our office with the $535 filing fee for the U.S. Department of Homeland Security.
Why do consular officers ask about marriage?
That’s because some people only marry to obtain an immigration benefit, which is against U.S. immigration law – and the consular officer must determine whether your marriage is bona fide. A bona fide marriage is one in which the spouses intend to stay married forever and are not marrying simply so one can gain an immigration benefit.
What is the purpose of an immigration interview?
Remember: This interview is a chance to give USCIS the evidence it needs to make an immigration decision. You must be honest and open – and you shouldn’t feel any pressure to act like you have a perfect marriage. Your interviewer may ask very personal questions, and if you find a question offensive, it’s okay to say so; most understand and will simply ask you the next question.
How long does it take to get a marriage visa in the US?
Approval and transfer to the US Embassy in the country of your spouse will usually take 1-3 months. Once the US Embassy receives your file, your spouse will need to schedule a medical exam and prepare for the interview. If the interview is successful, then your spouse will be issue the marriage visa.
How to prove you can support your spouse?
You must demonstrate that you’re able to financially support your spouse by meeting at least the federal poverty guidelines. However, if you don’t make enough money to qualify, you may be able to use a co-sponsor and show other assets.
Can my spouse get a visa?
Your spouse must have obeyed US Immigration Laws. When applying for a spouse visa, your spouse must be eligible to receive an immigrant visa. Certain things, such as an illegal entry or overstaying a visa can seriously complicate the process. If this is the case in your situation, feel free to call us to discuss.
