how to apply for husband visa in usa

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.

Full Answer

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 ...

How to apply for a visa to the United States?

Apply for a visa. The process of applying for a visa will vary depending on the U.S. Embassy or Consulate where you apply. Follow the specific instructions for the country that you’re in. In general, you will need: To complete online form DS-160, the nonimmigrant visa application form. A photo. A visa application fee.

What are the different types of spouse visas?

They are: 1 Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is... 2 Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3)... More ...

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.

How can I get my husband US visa?

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 a spousal visa for USA?

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.

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.

What documents are needed to apply for spouse visa?

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 fiancé 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.

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?

Adjustment versus Consular Processing 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.

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...

Can I get married in the US on a tourist visa?

The short answer to this complex question is yes, you can get married to someone who has entered the U.S. on a visitor visa. Generally, anyone from a foreign country enters the U.S. with a visa. The type of visa they are granted is based on the intent of their visit.

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.

Which marriage certificate is required for U.S. visa?

generally is sufficient proof of marriage, and no certificate from the marriage registrar is necessary.

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.

What percentage of spouse visas are approved?

It's true: most people who apply for a K-1 visa are successful. In fact, according to statistical reports published by U.S. Citizenship and Immigration Services (USCIS), about 74% of fiancé(e) visas were approved in 2020.

Can my wife stay in the U.S. while waiting for green card?

Adjustment versus Consular Processing 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.

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.

How long is an immigrant visa valid?

An immigrant visa is generally valid for six months from the issuance date.

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.

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 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.)

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.

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 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.

Where do I send my spouse a visa?

The USCIS will send your spouse the decision and forward the approved immigrant visa petition to the Department of State’s National Visa Center (NVC). The approval notice is also known as the I-797, Notice of Action.

How much does it cost to get a spouse visa?

The government filing fees (plus a medical examination) for a spouse visa total $1400. If you choose to work with a lawyer, legal fees will range from $2,000 - $3,500.

How much does a spouse visa cost?

Expect the whole spousal visa process to take 11-19 months. Here is a summary of costs, with and without a lawyer’s help.

What is the visa interview notice?

You, the visa applicant, will receive an appointment notice with the time, date and location of your visa interview. The notice will also include other instructions, such as what documents to bring and how to schedule a medical examination / biometrics (fingerprinting) appointment. As soon as you receive your interview notice, schedule the following:

How long does it take for USCIS to process a petition?

Within a couple of weeks, you should receive a notice in the mail from the USCIS, acknowledging receipt of your petition. It generally takes the USCIS 7-11 months to make a decision.

How much does it cost to get a green card?

In order to receive the physical green card, you have to pay the USCIS Immigrant Fee ($220). The green card is usually mailed (to your U.S. address) a few weeks after you arrive in the U.S. Consular processing is complex.

How to file DS-261?

To start the form, you will need your case number. Once filed, you’ll need to pay $445 in fees (for the next step in the process ) through the same portal . Simply click on “Fee Payment” here. You will need your case number again to make the payment.

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.

When should you work with an lawyer to get a Marriage 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. You can definitely do it!

What is a Marriage Green Card?

Green Cardholder? Congratulations! Now that you and your fiance have gotten married, it is time to start your new life together. Before you can make the U.S. your permanent residence, you will probably need to apply for a Marriage Green Card. This guide explains what a marriage Green Card is and how to get one.

Are you eligible for a Marriage Green Card?

To be eligible for a Green Card through marriage, you must show USCIS four things:

How to apply for a US visa for a husband?

When his I-130 Petition is approved, he can then fill out and submit Form DS-260, Immigrant Visa Electronic Application with the National Visa Center from where the case will be transferred to a local US embassy or consulate. The purpose of this application is to establish that your husband is eligible to obtain permanent residence in the United States. Specifically, the consular officers will make sure that your husband is not inadmissible to the United States on any grounds, be it health related, past criminal convictions, or past immigration violations.

How to get a green card for husband?

The initial step to getting a green card for husband of US citizen is to submit a petition that indicates your husband’s intention to immigrate. The purpose of Form I-130 is to establish your status as either a US citizen or a green card holder, and to prove that you and your husband’s relationship is bona fide, and has not been entered into for the sole purpose of obtaining a green card and circumventing immigration laws.

How long does it take to get a green card for husband?

The processing times for adjusting status and for a green card husband visas vary based on the location of the USCIS field office or US consulate that is reviewing your application. General processing times can be as fast as 6 months at some fast working USCIS offices to over 16 months in slower locations.

What is an affidavit of support?

Affidavit of Support. You will have to demonstrate that you have the ability to financially support your husband and that you will not let him become a public charge. What that means is you will have to submit proof of an income that is 125% of the Federal Poverty Guideline for a household of your size.

What proof is needed to prove a marriage?

Proof that yours is a genuine marriage. This includes not only your marriage certificate, but also a variety of documents, such as photographs documenting your relationship, bank account statements, bills, tax returns, and any other evidence that demonstrates that you have combined your social and financial lives.

Can a foreign national husband get a green card?

Whether your foreign national husband is in the United States or abroad, he is eligible, under US immigration law, to obtain a marriage-based green card, and to eventually become a citizen himself.

Can a husband get a green card if married?

Yes, your marriage to a green card holding husband qualifies you to legally immigrate to the United States, obtain a green card, and ultimately become a citizen yourself. Your husband in this case would be the petitioner sponsoring you for a green card and it would be you going through the above-described steps.

How long does it take to get a visa?

The embassy will need to hold on to your passport after the interview and you will be told when you will receive the passport containing the valid L-2 visa, which you will use to travel to the United States. The wait time between your interview and when you will receive your visa is usually within 10 business days. Once you receive your visa, you can begin plans to travel to the U.S.

What to do if your last name was changed after marriage?

If your last name was changed after your marriage, endorse the change in your passport first otherwise you’ll need to use your maiden name in the U.S.

Can I change my L-2 visa to H-4?

L-2 visa holders can change their status to B-1, B-2, H-1 or H-4, assuming they meet the eligibility requirements for each. In order to request a change of status or extension of stay under L-2 status, while in the U.S., the relatives may apply together on Form I-539 Application to change or extend nonimmigrant status.

Do L-1 spouses have payslips?

Some copies of L-1 spouse’s salary payslips (if he or she is already working in the U.S.)

Can a spouse apply for an L-2 visa?

Just like many other dependent visa categories, the L-2 visa has a straightforward application process. It’s often best that spouses and children, L-2 beneficiaries, process their visas at the same time as the L-1 applica nt. The process will likely be easier as there will be fewer hurdles in proving that a genuine family relationship exists between you. The following are steps to applying for an L-2 visa: