The basic steps to the spouse visa process are as follows:
- File I-130 Petition Package with USCIS
- Obtain USCIS approval (or denial) on petition
- Apply for immigrant visa (DS-260)
- Complete required medical exam
- Attend visa interview at the U.S. Embassy
- Receive immigrant visa is passport
- Pay immigrant fee online
- Travel to United States
- Receive physical green card in the mail (typically within four weeks of entry)
Full Answer
What are the requirements for a Spouse Visa?
US spouse visa requirements
- US spouse visa requirements. To meet the US spouse visa requirements, the couple must be in a relationship that is legally recognized as a marriage in the jurisdiction where the ...
- Non-US spouse living outside the US. ...
- Fiance visa from outside the US. ...
How do I enter foreign income for my spouse?
- At the right upper corner, in the search box, type in foreign income and Enter
- Select Jump to foreign income
- Next screen, Did You Make Any Money Outside the United States? answer Yes
- On the screen, What Form (s) Was Foreign Income Reported On ? select A Form 1099-MISC or other self-employment income
- Follow prompts
How early should I apply for the visa?
This is because it can take up to six weeks to get an appointment at the US Embassy for a visa. The answer is - as early as possible. And so it is okay to apply for a visa 4–5 months before the intended day of travel. Most consular officers appreciate this and they may ask you for the reason for applying so early.
How can I bring my spouse to the USA?
How Can I Bring My Spouse and Family to the USA? To bring your family to the United States you will need to file an I-130, Petition For Alien Relative. This form allows for spouses, children and relatives to legally immigrate to the US.
See 7 key topics from this page & related content
How long does it take to get an immigrant visa for a spouse?
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.
How do I start my spouse immigration process?
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 much is a spousal visa?
Estimated marriage-based visa cost: $1,200 The U.S. citizen spouse submits the marriage relationship form (I-130 petition) and other required materials to USCIS, along with the $535 filing fee.
Which is faster fiancé visa or spouse?
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 long take 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.
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.
How long does it take for I-130 to get approved for spouse 2022?
As of 2022, the USCIS processing time for Form I-130 range between 5 months and 10 years. Processing time will vary based on the immigration status of the petitioner, the petition type and the service center. There are certain limitations to the relatives you can petition based on your immigration status.
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 is the minimum income to sponsor an immigrant 2021?
For example, in 2021, a sponsor in the U.S. mainland would need to have income (or assets) of at least $33,125 to cover a petitioner who lives alone and is sponsoring one immigrant and two children (that is, a total of four people).
What documents do I need to submit with I-130 for spouse?
I-130 Checklist of Items to Submit with Spousal PetitionUSCIS Filing Fee. ... Cover letter (optional) ... Form I-130, Petition for Alien Relative. ... Form I-130A, Supplemental Information for Spouse Beneficiary. ... Proof of status. ... Marriage certificate. ... Proof of previous marriages terminated. ... Passport photos.More items...•
How much does it cost to sponsor a spouse to the US?
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. Here's a break down of the filing fee for a U.S. based applicant.
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 do I expedite my spouse visa to USA?
You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice.
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.
How can I sponsor my spouse to USA?
You must file an I-130 form (Petition for Alien Relative) along with two passport-time pictures of the spouse and filled-out Form I-130A for the spouse. Once the I-130 form is approved, the case will be transferred to the National Visa Center for further processing.
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.
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.
What is immediate relative visa?
Immediate Relative – these visas are based on a close family relationship with a U.S. citizen, such as a spouse, child or parent. The number of immigrants in these categories is not limited each fiscal year.
What is family based immigration?
Family Based Immigration. A foreign citizen seeking to live permanently in the United States requires an immigrant visa (IV). To be eligible to apply for an IV, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is either a U.S. citizen or U.S. Lawful Permanent Resident (that is, a green-card holder).
What is family preference visa?
Family Preference – these visas are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). The number of immigrants in these categories is limited each fiscal year.
Can a permanent resident file an immigrant visa?
U.S. Lawful Permanent Residents can only file an immigrant visa petition for their:
How to apply for a visa for a foreigner spouse?
Embassy or Consulate where you, the foreign-citizen spouse, will apply will provide you with specific instructions, including, where to go for the required medical examination. During your interview, ink-free, digital fingerprint scans will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.
What is the form for a foreign spouse?
You must then file Form I-129F, Petition for Alien Fiancé (e), for your foreign-citizen spouse and stepchildren. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé (e) for information on where to file the petition for a K-3 visa.
Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?
No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when a Form I-864 is needed. Applicants using Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.
How Long Will It Take to Get My K Visa?
For Form I-129F, Petition for Alien Fiancé (e), you can visit the USCIS website for the status of your petition.
What is a K-3 visa?
The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition. K-3 visa recipients subsequently apply to adjust status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition. Because the spouse of a U.S. citizen applying for a nonimmigrant K-3 visa must have a immigrant visa petition filed on his or her behalf by his or her U.S. citizen spouse and pending approval, a K-3 applicant must meet some of the requirements of an immigrant visa. It should be noted that under U.S. immigration law, a foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place. Learn more in the Applying for a Visa section below.
What do you need to present to the consular officer for a visa interview?
During the visa interview, applicants will be required to present evidence to the Consular Officer that they are not likely to become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen spouse is able to provide support.
Where to send I-129F?
NVC will then send the I-129F petition to the U.S. Embassy or Consulate in the country where the marriage took place. If the marriage took place in the United States, the NVC will send the petition to the U.S. Embassy or Consulate that issues visas in the foreign-citizen spouse’s country of nationality. If the marriage took place in ...
What form do I need to file for my spouse?
If you submit a petition for your spouse, you must also submit Form I-130A, Supplemental Information for Spouse Beneficiary.
How to upgrade your relative's visa classification?
citizen while your relative is waiting for a visa, you can upgrade your relative’s visa classification by notifying USCIS or the Department of State of your naturalization. If you are a U.S. citizen, your spouse and unmarried children under 21 will have immigrant visas immediately available to them.
How to pay for USCIS lockbox?
When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.
What is a copy of a USCIS passport?
A copy of your naturalization or citizenship certificate issued by USCIS or the former Immigration and Naturalization Service (INS); A copy of Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a U.S. Embassy or U.S. Consulate; A copy of your unexpired U.S. passport;
What is the I-130 form?
Submitting Form I-130 is the first step in helping an eligible relative apply to immigrate to the United States and get Green Card. The filing or approval of this petition does not give your relative any immigration status or benefit.
What is an affidavit of marriage?
Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. Each affidavit must contain the full name and address of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired their knowledge of your marriage; and
Where to file I-485?
If you reside in the United States, file at the Chicago, Dallas, or Phoenix Lockbox, depending on where you live and whether your relative is also concurrently filing Form I-485. For a complete list of addresses, visit our Direct Filing Addresses for Form I-130 page.
How to check if a family member has an immigrant visa?
Your family member’s preference category will determine how long they will have to wait for an immigrant visa number. Once you have filed a petition, you can check its progress the My Case Status page. For visa availability information, see the Visa Bulletin page on the U.S. Department of State website.
How to get a green card for a family member?
To petition for a family member to receive a Green Card (permanent residence), begin by filing Form I-130, Petition for Alien Relative. This form establishes the family relationship that exists between you and your relative. Sometimes the I-130 can be filed together with an application for permanent residence, officially known as Form I-485, Application to Register Permanent Residence or Adjust Status. This is discussed below.
What is an I-129F?
NOTE: A visa petition (Form I-130 or Form I-129F) is only used to demonstrate a qualifying relationship. An approved petition DOES NOT grant any benefit, it simply creates a place in line for visa processing.
Can I file for a visa for my immediate family?
citizens. This means your family member does not need to wait in line for a visa. Immediate relatives who are in the United States can file Form I-485, Application to Register Permanent Residence or Adjust Status at the same time as Form I-130.
Can a family member get a green card?
This page describes how you (a U.S. citizen) may petition for certain family members to receive either a Green Card, a fiancé (e) visa or a K-3/K-4 visa based on your relationship. (If your relative wishes to naturalize or obtain proof of citizenship, see the Citizenship section of our website.)
How long do you have to live in the US to apply for a US citizenship?
Have lived for at least three months in a state or USCIS district having jurisdiction over your place of residence; Have continuous residence in the United States as a lawful permanent resident for at least three years immediately before the date you file your application;
What section of the INA is naturalization?
To be eligible for naturalization under section 319 (a) of the INA, you must:
