Visa-Faq.com

how to apply spouse visa in usa

by Emily Roob Published 2 years ago Updated 2 years ago
image

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 you apply for a Spouse Visa?

  • UK visa application form. ...
  • Valid passport with at least an empty page in order to be able to affix visa.
  • Your previous passports.
  • Two passport-sized color photos that are in line with the requirements set by the UK.
  • Proof of English language requirement.
  • Proof of financial means.
  • Proof of relationship as photos of you two together, etc.
  • Your full name.

More items...

What documents are needed for a fiance visa?

  • DS-160 confirmation page
  • Birth certificate
  • Police certificates for current country of residence and any country where sponsored fiancé (e) lived for more than 6 months
  • Evidence of financial support (the Affidavit of Support may be required)
  • Proof of relationship with U.S. ...
  • Fee payment

More items...

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.

image

How long does it take to get a spousal visa to the US?

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 are the requirements for spouse visa in USA?

Required Documentation A copy of your civil marriage certificate. A copy of all divorce decrees, death certificates, or annulment decrees that demonstrate that all previous marriages entered into by you and/or your spouse were terminated.

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 much does a US spouse visa cost?

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.

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.

What are the documents required for spouse visa?

There are several documents needed for Spouse Visa. The exact documents will depend on the nationality of the spouse and the nation of residence. Passport copy, Birth certificate, proof of relationship, police reports, etc will be needed.

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.

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...

How can I bring my wife 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.

Can wife work on husband visa in USA?

Work Visas that Allow a Husband or Wife to Work in the US Holders of such an H4 visa can now legally work or start a business in the U.S. as long as their spouse's H1B visa is valid.

How much does it cost to sponsor a spouse?

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.

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 is the process for spouse visa?

If you are a U.S. citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are: 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.

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 long does it take for a U.S. citizen to petition a spouse?

How 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.

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.

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 is a spouse?

A spouse is a legally wedded husband or wife.

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.

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.

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.

Who can help with green card applications?

NNU Immigration’s specialist US immigration attorneys can help with all Green Card applications, including eligibility through marriage.

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 ...

Can a non-US spouse join the US?

A number of immigration routes exist for non-US spouses looking to join their loved one in the US. Importantly, spouses do not attain US immigration rights automatically through marriage. They must follow the relevant spouse visa USA process and file the appropriate petition (s).

Can an E-2 visa be used for spouse?

For example, E-2 visa holders can bring spouses and dependant children as E-2 dependants. This is an extremely attractive route for spouses as they attain authorization to work in the US – which is not limited to the E-2 company.

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 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 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:

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.

Where do I file a K3 visa?

The spouse from a foreign country must apply for a K3 visa at a US Embassy in the country of residence.

image
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z 1 2 3 4 5 6 7 8 9