Visa-Faq.com

how to file spouse visa

by Giovani Grady Published 3 years ago Updated 2 years ago
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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.

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How do I apply for spouse 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).

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 to get a spouse visa?

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.

What is the procedure for applying spouse visa in USA?

Steps of the Visa Process for SpousesFile form I-130 or an application for a K-1 visa.Obtain approval from USCIS.Apply for an immigrant visa using Form DS-260.Complete medical exam.Attend visa interview.Receive immigrant visa.Pay immigration fee.Travel to the United States.More items...•

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.

How long does it take to bring spouse to USA 2022?

Average time -- Five to 14.5 months (as of early 2022) for approval of the Form I-130, and additional time depending on individual circumstances. Summary of the Process -- The U.S. citizen starts the process by filing a Form I-130 with USCIS, either online or by mail.

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 does it cost to file for a spouse?

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.

How much is a US spouse visa?

The government filing fees for applying for a spouse visa from abroad is $1,200. This excludes the cost of the immigration medical exam, which varies depending on the provider.

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 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.

Can I live in the US 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 documents do I need for a UK spouse visa?

UK spouse visa required documents checklistCompleted application form and application fee.Valid passport.Previous passports.Evidence of your genuine and subsisting relationship (e.g. shared bills, photographs, correspondence, messages).Proof you meet the English language requirements (e.g. CEFR exam certificate).More items...

What is the requirement for spouse visa at UK?

you're in a civil partnership or marriage that's recognised in the UK. you've been living together in a relationship for at least 2 years when you apply. you are a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving.

How can I apply for spouse visa in New Zealand?

To be granted by New Zealand partner visa, you and your partner both need to prove that you:Your partner & you must be in good health.You both must be of good character.Your partner must be New Zealand Citizen or resident.Your partner must be eligible to support your application.More items...

How long does a spouse visa take in South Africa?

8-10 weeksHow long does a spousal visa take in South Africa? The average processing time of all temporary residence visa applications including spousal visa applications is 8-10 weeks or longer to be processed and finalised on part by Department of Home Affairs.

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 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 file for a spouse visa?

How to File for a U.S. Spouse Visa. If you want to bring your spouse to the U.S. and apply for a spouse visa, then you either need to be a citizen of the United States or a permanent resident (Green Card holder). Bringing a spouse to the U.S. is a challenging process, which often includes several steps. Due to the increased rate marriage fraud in ...

What documents are required for a spouse visa?

The following documents are required by the USCIS for spouse visa petition. Passport size photos of you and your spouse (separately, not in the same image). Copy of your marriage certificate. Proof of legal name changes after marriage.

What forms do I need to change my name after marriage?

Evidence that all the previous marriages of you and your spouse are terminated. Two signed and completely filled forms G-325A forms by you and your spouse. If you are a U.S. citi zen: naturalization certificate, copy of your U.S. passport, Consular Report of Birth Abroad, or birth certificate.

What is the form for a spouse to file for a green card?

If you are a U.S. citizen or permanent resident (Green Card holder) and your spouse is inside the U.S., you can file for Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence) to Adjust Status. This is called concurrent processing.

Can I file an I-130 with my spouse?

This is called concurrent processing. If you are a U.S. citizen or permanent resident (Green Card holder) and your spouse is outside the U.S., you can file Form I-130 and then file Form I-485 later. This is called consular processing.

Do I need a copy of my passport if I have a green card?

If you are a Green Card holder or permanent resident: Copy of your Green Card, Form I-551, (front and back) and a copy of your passport with a stamp from when you were admitted as a permanent resident. Once you have petitioned for a spouse visa, you will need to wait until you get a notice from the consular office.

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.

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 ...

How long is a spousal visa valid in Canada?

You must have a valid passport and be admissible to Canada; You can then apply for a spousal visa/travel permit which is valid for six months. Once you arrive in Canada we recommend that you get a job or enroll in a program so that you can get a longer term visa such as a study or work permit.

How does Canada grant foreigners permanent residency?

One of the most preferred ways the Immigration and Refugee Council of Canada grants foreigners permanent residency in Canada is through one of the many international graduate immigration streams. Nearly every province or territory has an immigration stream dedicated to helping foreigners who graduate from a designated Canadian post secondary school become permanent residents. After all, you’ve studied here, why not put what you learnt to use here, making not only your own but other Canadians' lives better in the process.

What form do I need to get married?

If you are a U.S. citizen who wants to bring your foreign fiancé (e) to the United States in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé (e). This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé (e). The K-1 nonimmigrant visa is also known as a fiancé (e) visa.

Who notifies you when the visa interview for your fiancé (e) is scheduled?

The U.S. Embassy or consulate notifies you when the visa interview for your fiancé (e) is scheduled.

What is the form for alien fiancé?

You file Form I-129F, Petition for Alien Fiancé (e) according to the form instructions. This form asks USCIS to recognize the relationship between you and your fiancé (e).

How long is a fiancé's work authorization valid?

In this case, your fiancé (e)’s work authorization is valid for only 90 days after his or her entry into the U.S. Your fiancé (e) may also apply for work authorization at the same time he or she applies for a Green Card. In this case, your fiancé (e) can file Form I-765 together with the Form I-485.

What happens if you marry your fiancé after 90 days?

This may result in removal (deportation) and could affect their future eligibility for U.S. immigration benefits. However, if you marry your fiancé (e) after the 90 day period, you may file a Form I-130, Petition for Alien Relative.

Where to send I-129F?

The NVC forwards the approved Form I-129F to the U.S. Embassy or consulate where your fiancé (e) will apply for a K-1 nonimmigrant visa. This is generally the U.S. Embassy or consulate where your fiancé (e) lives. The U.S. Embassy or consulate notifies you when the visa interview for your fiancé (e) is scheduled.

How long does it take to get a green card if you are married?

If your fiancé (e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card). If you have already married, plan to marry outside the United States, or your fiancé (e) is already residing legally in the United States, ...

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