How do I apply for spouse visa in USA?
If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F, Petition for Alien Fiancé(e).
How long does it take to get visa for spouse in USA?
Average time -- Around 10.5 months to get the fiancé visa petition (Form I-129F) approved by USCIS as of early 2022; then another several months to get the K-1 visa from a U.S. consulate; then another two years or longer to get the U.S. green card, depending on which USCIS office is handling it.
What is the fastest way to bring your spouse to USA?
Historically, family reunification has been the easiest and fastest way of bringing your loved ones to the United States.
Which documents is required for spouse visa for USA?
Required DocumentationBirth certificate.Marriage certificate for the marriage to the U.S. citizen spouse.Divorce or death certificate(s) of any previous spouse(s)Police certificates from your present country of residence and all countries where you have lived for 6 months or more since age 16.
Which is faster spouse or fiance visa?
Application Process and Timeline for Fiancé(e) and Spousal Visa. If your main goal is to get to the U.S. as quickly as possible, then the K-1 fiancé(e) visa is likely the fastest option. But if your goal is to get an actual green card as soon as possible, then a marriage-based visa will be quicker.
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 much is a US spouse visa?
Fiancé or K-1 visa cost: $2,025 The U.S. citizen partner completes the appropriate government form (I-129F – “petition for a K-1 Visa”), and mails it to United States Citizenship and Immigration Services (USCIS), along with the $535 filing fee.
Can my wife stay in the US while waiting for 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. On the other hand, consular processing can often result in quicker processing times. The trade off is that the couple may be separated.
How long it takes to bring my wife to USA?
Provided all things being equal and there were no complexities during the application, the total processing time for a spouse green card, on average, is: About 12 to 18 months for U.S. citizen spouse green card. Around 24 to 36 months for a green card holder or lawful permanent resident spouse green card.
Can I live in the U.S. while waiting for my fiancé visa?
Can I Stay in the U.S. While Waiting For K1? A foreign national cannot reside in the U.S. on a tourist visa or Visa Waiver while waiting for a K1 Fiance visa or K3 Spousal visa. However, you can use a B-2 tourist visa or the Visa Waiver Program for a temporary visit.
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 income do I need to petition my spouse?
The most common minimum annual income required to sponsor a spouse or family member for a green card is $22,887. This assumes that the sponsor — the U.S. citizen or current green card holder — is not in active military duty and is sponsoring only one relative.
How long does it take to bring spouse to USA 2022?
Spousal Sponsorship I-130 Processing Time 2022 It will usually take anywhere from 7 to 24 months for USCIS to process and approve a spousal sponsorship visa. It can take an additional 6 to 10 months to get an immigrant visa to the US.
How long does it take to bring fiance to USA 2022?
approximately 9 to 12 monthsAs of March 2022, K-1 visa processing took approximately 9 to 12 months (USCIS time to process Form I-129F). Click here to see exact ranges based on your service center. In addition to that, it takes between three to four weeks to receive notice from the National Visa Center with further instructions.
Can my wife stay in the US while waiting for 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. On the other hand, consular processing can often result in quicker processing times. The trade off is that the couple may be separated.
How long does it take for I-130 to get approved for spouse 2021?
between 7.5-13.5 monthsHow long does the I-130 petition process take? For immediate relatives (spouse, unmarried child under 21 or parent) of a U.S. citizen living abroad, the wait times for Form I-130 are currently between 7.5-13.5 months.
Where to send an inquiry for an overseas visa?
If you received the immigrant visa overseas, you may contact the National Visa Center (NVC) for follow-to-join information. Send your inquiry by e-mail to [email protected] or by writing to the National Visa Center , ATTN: WC, 32 Rochester Ave., Portsmouth, NH 03801-2909.
How long do you have to be married to get a permanent resident card?
If you have been married less than 2 years when your spouse is granted permanent resident status, your spouse will receive permanent resident status on a conditional basis. To remove the conditions on residence, you and your spouse must apply together using Form I-751, Petition to Remove the Conditions of Residence. (Note that Form I-90, Application to Replace Permanent Resident Card, is not used for this purpose.)
What happens if I file a denial letter for a visa?
If the visa petition you filed is denied, the denial letter will tell you how to appeal and when you must file the appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals. For more information, see the How Do I Guides.
Can I file an I-824 with an I-485?
If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 with your Form I-485, in which case no supporting documents are needed other than those submitted with Form I-485.
Can I file for a K-3 visa with my spouse?
If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F, Petition for Alien Fiancé (e). Note that you are not required to file Form I-129F. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be an additional method for him or her to come to the United States. For more information, see the K-3/K-4 Nonimmigrant Visas page.
How to create a USCIS account?
Create a USCIS online account to file online and: 1 Submit evidence and pay fees electronically 2 Receive case status updates about your case and see complete case history 3 Communicate with us securely and directly 4 Respond to requests for evidence
How old do you have to be to petition for your spouse's children?
File Online. Eligibility. If you are a U.S. citizen, you can file a petition for your foreign-born spouse and, under certain situations, the children of your spouse. To petition for your spouse’s children, they must be unmarried, under 21 years old, and have been under the age of 18 at the time of your marriage to your spouse.
How long does it take to get a visa for a spouse?
As a result, there is a waiting list. This is a longer process than if your spouse is a US citizen, and can take anywhere up to 4 or 5 years before a visa number becomes available.
How to get a green card through marriage?
To apply for your Green Card through marriage, you will be required to complete and file an immigrant petition with USCIS and attend a visa interview at a US consular post abroad if you are applying from overseas or make an application to adjust your status if within the US.
What happens if you request additional information from USCIS?
If during the adjudication process a USCIS adjudicating officer determines that additional information and/or documentation is needed to render a decision on a case, a request for additional information will be issued. Such requests vary in length depending on the extent of information and documentation requested. Upon receipt of the requested information and documentation, USCIS will resume processing of the application and making a final decision.
What happens when you get a visa number?
When the visa number is issued, you can then apply for a visa or to adjust your status.
How long does it take to get a visa stamp back after an interview?
Your passport with embossed immigrant visa stamp will be returned to you within approximately one week of the interview.
What does an adjustment of status interview ask?
At the adjustment of status interview, the interviewing officer may ask you questions to confirm the accuracy of the information and documentation provided in the application. In addition, the interviewing officer may request to review the original supporting documents submitted as copies with the application to adjust status.
How to enter the US with a passport?
Upon receipt of your passport, you may enter the US by presenting your unexpired immigrant visa and sealed immigrant packet at a US port of entry. Your permanent residency will become effective on the date you are admitted.
Where does a foreign spouse apply for a visa?
The foreign spouse completes the visa process from outside the US, with the application subject to administrative processing by USCIS, the National Visa Center and the US Embassy in the spouse’s country of residence.
How long does it take to get a visa for a fiancé?
It can take around ten months for the fiancé visa to be processed and a further one to two years to attain permanent residence.
What form do I need to sponsor my spouse for a green card?
Under the Green Card route, the US citizen spouse would sponsor their spouse’s visa for entry into the United States using form I-130, immigrant Petition for Alien Relative.
What happens if a spouse fails to file for divorce?
Failure to file during this time will result in status being lost and the non-US spouse may be subject to removal from the United States.
What happens if a non-US spouse is in the US?
Once in the US, the non-US spouse attains permanent residency status immediately.
What is NNU immigration?
NNU Immigration are London-based US immigration attorneys, working with individuals from across the globe to make the move and join their loved one in the US.
Can a non-US spouse apply for a US visa?
This means evidencing that they meet the US spouse visa requirements and following the relevant – complex and protracted – petitioning process. A number of routes are available to non-US spouses. Options will be determined by your circumstances.
How to validate marriage to USCIS?
To validate your marriage to USCIS, you will need to provide various items that demonstrate a husband-wife relationship, chief among them being your marriage certificate recognized by the law of the country where the marriage took place. Other documents such as joint bank account, family pictures, and related evidence will also help prove your case.
How long does it take to marry a foreign national on a K-2 visa?
According to immigration law, someone counts as a fiancé (e) only if the U.S. citizen intends to marry the foreign national within 90 days of his or her entry into the U.S. K-2 visa – this one is for the children of a foreign national fiancé (e) who is under K-1 status.
What is the DOS Definition of a Spouse?
citizen or lawful permanent resident. According to the U.S. Department of State, “a spouse is a legally wedded wife or husband.” The following explanations further clarify what a spouse is and what it isn’t when it comes to the immigration application process:
What is a K-3 visa?
K-3 visa – this visa is meant for the foreign-born spouses of U.S. citizens. If the citizen sponsor has filed an I-130 for a marriage-based green card, the alien spouse can use the K-3 visa to remain in the U.S. while awaiting the decision.
What is the first step to getting a green card?
The first step towards acquiring a marriage-based green card is filing Form I-130, Petition for Alien Relative. The form must be filed by a U.S. citizen or permanent resident on behalf of the beneficiary spouse and must be submitted to the United States Citizenship and Immigration Services (USCIS).
What is the purpose of a marriage petition?
The purpose of this form is to request the agency’s approval to allow your spouse to live in the U.S. as a permanent resident. It also provides you with the opportunity to prove that you have a valid marriage, which is the basis of any marriage-based petition.
What is common law marriage?
Common-law marriage is an agreement between a man and woman to get married without observing a religious or civil ceremony. If you are in a polygamous marriage, only the first spouse may qualify as a spouse eligible for a marriage visa.
What form do I need to file for an alien fiancé?
After filing the Form I-130 petition, the US citizen spouse must then file Form I-129F, Petition for Alien Fiancé (e). Attached to this form must also be the Form I-797 and other supporting documents proving marriage. The Form I-129F must also include any dependents of the spouse from a foreign country such as children. There is no fee for this form for the purposes of a K3 visa.
What are the requirements to immigrate to the US?
Anyone who wants to immigrate to the US must get the necessary medical check-ups and vaccines. The NVC package which you received after the approval of the petition will specify what medical procedures you must complete and the vaccines you need to get. A licensed doctor must complete the documents and the check-ups. You should attach these documents to your supporting file which you will then send to the NVC.
What are the Eligibility Criteria for the K3 Visa?
There are a few criteria for the spouse from a foreign country to qualify for the K3 visa. The K3 visa applicant must fulfill them, as follows:
What are the K3 visa fees?
The K3 visa fees that your US citizen spouse and you will incur are as follows:
How Long is the K3 Visa Processing Time?
On average USCIS takes 3-5 months to process and the US Embassy in your home country may take 2-3 months. Additionally, the US Embassies in different countries have different working times, which then might speed up or delay the processing of your K3 visa.
How to become a Lawful Permanent Resident after getting a K3 visa?
The next step after you have gotten your K3 visa is to become a Lawful Permanent Resident (LPR) of the US by getting a Marriage Green Card. To change your status from your immigrant visa to an LPR, you must first have an approved petition from USCIS and the visa, as well as live in the US.
How to get a K3 visa?
To fulfill the requirements for the K3 visa, the US citizen must first have filed the Form I-130 to USCIS for their spouse. If after getting the K3 visa, the spouse from a foreign country wants to change status to a CR-1 or IR-1 visa, they can use the same petition for them and there will be no need for a new one. When the form is filed, the US citizen spouse will get Form I-797, Notice of Action from USCIS, which they can use as proof that the Form I-130 is in processing.
What determines the type of student visa you need?
Your course of study, the school you plan to attend, or the exchange program you will be with will determine the type of student visa you will need.
What is an F-1 visa?
F-1 visa classification is for a full-time international student pursuing academic studies.
What is transit C visa?
Transit C visa classification is for foreign nationals traveling through the U.S. to another country and stopping briefly in the U.S. as part of their travel to the next foreign destination.
What happens if you violate your work visa?
If you violate the terms of your work visa, it could be revoked. You could be deported, arrested, or denied re-entry into the U.S.
Do you need an authorization to travel under VWP?
If you plan to visit the U.S. under the VWP, you must get an approved travel authorization prior to your trip. Authorization approvals are determined using the Electronic System for Travel Authorization (ESTA) .
Can an international student apply for a student visa?
An international student can apply for a student or exchange visitor visa only after being accepted by a school certified in the Student and Exchange Visitor Program (SEVP). Students’ records are kept in the Student and Exchange Visitor Information System (SEVIS). Learn more about SEVP and SEVIS, and about the SEVIS fee.
What is the visa for an immediate family member?
One of the common visas for an immediate member of the family is the spouse visa.
How to Become a Lawful Permanent Resident After Getting a K-3 Visa?
To change their status from their immigrant visa to an LPR, that person must first have an approved petition from USCIS and the visa, as well as living in the U.S.
What Are the Requirements for the K-3 Visa?
An applicant must be able to pass or acquire the below requirements to be qualified for a K3 visa:
What is the K-3 Visa Fees?
The U.S citizen and his or her spouse from another country will be incurred with K3 visa fees as follows:
How Long Is the K-3 Visa Processing Time?
The K-3 processing time varies case by case. The U.S Embassies in different countries typically have different working times, which then meant to might speed up or delay the processing of an applicant’s K-3 visa. In addition to that, the workloads of USCIS and other US institutions responsible for processing the documents might affect the completion time of the visa.
What is a conditional resident visa?
Conditional Resident (CR-1) Visa- A visa that can be issued to a couple that just has been married and for two years they will maintain conditional status. This is to avoid set-up marriages just to obtain a permanent stay in the US.
Where to apply for K3 visa?
As an applicant, this spouse should apply at a US Embassy or Consulate in their country following all the instructions sent by NVC as part of the package.
