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)
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.
Can you apply for fiancee visa while still married?
You cannot apply for the K-1 fiancée visa if your fiance is still married. The only exception would be if your previous marriage ended in annulment or divorce because then you could marry your fiance again and file a new I-129 with the former spouse deleted.
Will marry for visa?
You Must Be Legally Married. To qualify for a marriage-based visa or green card, you must be legally married. A legal marriage is one that is officially recognized by the government in the country or state where you were married. This usually means that an official record of your marriage was made or can be obtained from some government office.
How long does it take to get my wife a visa?
U.S. Citizen Filing for a Spouse As soon as the USCIS approves your I-130 petitions, you can immediately apply for your immigrant visa petition through the NVC. Again, it typically takes three to five months for the NVC to process your spouse's visa.
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 it takes for a U.S. citizen to bring his wife?
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 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 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 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.
What happens when a U.S. citizen marries a non U.S. citizen?
If you are a green card holder and not a U.S. citizen, your spouse must maintain valid immigration status in the United States while waiting for lawful permanent resident status. To maintain proper immigration status, your spouse must have a valid visa until filing their green card application through Form I-485.
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.
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.
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.
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 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.
How do I bring my foreign spouse to the US?
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 long does it take to bring my fiancé to USA?
6 to 9 monthsThe exact K-1 fiancé processing times can vary, but many applicants are able to enter the United States within 6 to 9 months. There are multiple steps and the process is handled by multiple agencies from (USCIS) to the National Visa Center to the U.S. Department of State.
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 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 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.
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 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 can my foreign wife live in the US without a visa?
It supplies your belle with a right to stay in your country up to 180 days in one trip.
How much is the K visa 2020?
In 2020, the price of filing fees for the K-1 visa was $535 for Form I-129F (filed with USCIS). $265 were needed to apply for the K visa (paid to the consulate). $1,225 is needed for Form I-485 and the change of the status package (filed with USCIS). This figure includes the payment for biometrics. It gives a total value of $2,025.
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.
Who determines if a fiancé qualifies for a K-1 visa?
The DOS consular officer determines whether your fiancé (e) qualifies for the K-1 nonimmigrant visa.
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.
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, ...
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.
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 Does it Take to Get a Visa for My Spouse and Family Members?
Spouses and family members who are considered to be in the immediate relative category usually obtain their visas within 5-12 months of submitting their applications.
What age can you get an immediate relative visa?
To be considered an immediate relative, the applicant must be your spouse or child. For children, the applicant must be under the age of 21 and they cannot be married.
What form do I need to fill out to sponsor my spouse?
As you are applying for your immediate family to immigrate to the U.S., you will have to fill out form I-864, Affidavit of Sponsorship. This affidavit states that you are the financial sponsor for your spouse and children and that you are able to adequately provide for their needs without the assistance from the U.S. government.
What are the two categories of immigrant visas?
government will use to classify your family members. These two categories are immediate relative and family preference immigrants , and they will determine the length of the process for obtaining a visa or green card.
What is family preference immigrant?
The family preference immigrants category is for those in your family who are not considered immediate relatives. It also includes married children and adult children who are 21 or older.
What is the priority of immigration?
The special immigration priority of those who fit the immediate relative criteria is that of preferred immigrant status. This status allows for their immigration application to be processed quicker and offers a guaranteed visa instead of having to wait for the visa lottery (Diversity Immigrant Visa Program) like other visa applicants.
How long does it take to get a green card if you live abroad?
For green card holders who live abroad — 23 to 32 months. Due to the lengthy wait times that are seen with obtaining a green card for a spouse, it is extremely important for applicants to begin the application as soon as possible. In so doing, the sooner an application is started the sooner an applicant may receive a green card.
