Immigrant Visa For A Spouse Or Fianc Of A Us Citizen
Same-sex spouses of U.S. citizens and Lawful Permanent Residents , along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses. Consular officers at U.S. Embassies and Consulates will adjudicate their immigrant visa applications upon receipt of an approved I-130 or I-140 petition from USCIS. For further information, please see our FAQs.
Spouse Visa Processing Times
Spouse visa applicants should expect to wait around 8-10 months from initial application to visa issue.
Stringent adjudication under the current Administration is delaying all classes of US visas, including spouse visas. In addition, other factors can also impact processing, which should be addressed prior to filing any petitions to minimize potential delays. For example, the supporting documentation provided with the application, the nationality of your spouse and USCIS and NVCs overall caseload and volume of applications.
Should I Use Priority Settlement
It will usually save you a few weeks wait. However, if your case is considered not straight forward then the Home Office advise against you buying this service. This would include if you previously overstayed your visa, had your visa curtailed or had a visa refused to any of the following countries: the UK USA Australia Canada New Zealand or a Schengen country , or if you have a previous criminal conviction.
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As A U S Citizen How Do I Bring My Foreign Spouse To The U S In 2022
Hundreds of questions come in each year about the requirements to petition to bring a spouse to the United States. In order to achieve that, the following are some the requirements:
- Being at least 21 years old.
- Be an American citizen.
- Be a permanent legal resident.
The requirements will change depending on whether you are a citizen or a resident and if your partner is in or out of the country.
Apply For A Uk Visa In The Usa
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Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/usa-apply-for-a-uk-visa/apply-for-a-uk-visa-in-the-usa
To apply for a UK visa in the USA you need to:
- book and attend your biometric appointment
- Attend an Application Support Center
- mail your application
Apply online to complete your application and pay your fee.
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If I Married An American Citizen In The Usa Can I Be A Resident
If you married an American citizen in the USA, you may be an American resident, but you should know that it all depends on how long you have been married.
If you were recently married that is, if you have been married for less than 2 years, then you will have a conditional residence that can expire and if that happens, you may face deportation.
Check Diversity Visa Lottery Results
- Check the results for the 2022 and 2023 DV lotteries. The 2022 results are available until September 30, 2022. The 2023 results are available until September 30, 2023.
- You must remember to check the lottery results yourself online, using your confirmation number. The State Department will not send you a letter or an email to let you know if you have been selected. See the fraud warning below.
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Getting Your Spouse A Us Visa
American citizens have two means of bringing their foreign husbands or wives to the US to live visas).
- You can “sponsor” your spouse’s immigrant visa for entry to the United States. If you follow this process, your foreign spouse will complete the visa process completely outside the US, and then arrive in the US and obtain permanent residency status immediately. You will need to submit an immigrant Petition for Alien Relative, Form I-130. After USCIS, the National Visa Center and the US Embassy complete all the necessary administrative processing your spouse will be granted an immigrant visa. Your spouse will receive an IR1 or a CR1 visa.
visa allows your spouse to immigrate to the U.S. A CR1 Visa will be given to you if your marriage is less than 2 years old. It is conditional for two years.
To obtain either visa, you must meet the following requirements:
- You must be legally married. Merely living together does not qualify a marriage for immigration Unmarried partners are ineligible to sponsor visas to the United Stated.
- In most cases you must have a residence in the US to apply. If you live outside the US, see the next section below.
- You must be 18 years old before you can sign the Affidavit of Support, which is a form that will be required later in the process.
I Am A Us Citizen Living In The Uk Can I Sponsor My Partner To Join Me In The Uk
On the other hand, if you are a US citizen living in the UK on your own visa, your partner can apply as a dependant for a relevant Family Visa.
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Diversity Visa Lottery Eligibility
The DV Lottery, also known as the Green Card Lottery, makes a limited number of immigrant visas available every year to people meeting certain eligibility requirements:
- You must be a foreign citizen from a country with a low immigration rate to the United States.
- Each year, the U.S. Department of State puts out a list of eligible and ineligible countries. The list of countries may change each year. See the 2023 DV lottery instructions for the most recent list.
S Of The Visa Process For Spouses
When applying for a U.S. spouse visa, there are several steps to take. The basic process is as follows:
- File 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
- Travel to the United States
- File form I-485 to adjust your status
- Receive your green card
The whole visa process can take as much as a year in some cases. The exact length of time it will take depends on many factors, including how well you prepare your paperwork and the caseload at the office where your visa application is processed.
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Are My Children Required To Travel With Me
Your children may travel with you to the United States or travel later . Like you, your children must travel within the validity of their K-4 visas. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-3 visa. If they want to travel later than one year from the date your K-3 visa was issued, they will not be eligible to receive K-4 visas, and separate immigrant visa petitions will be required. If your child has a valid K-4 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-4 visa.
Curbelo Law Helps You With Petitions To Bring Your Spouse To The U S
Now you have a clear view on what it takes to bring your foreign spouse to the U. S. If you are looking for legal advice to bring your spouse to the United States, do not hesitate to contact the law firm of Curbelo Law. With over 10 years of experience in the legal area of immigration, we are ready to assist you in this and any other immigration procedure.
New Jersey-based immigration attorneys are available to assist you in all of these processes. Call us today and get a private consultation.
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You Are A United States Citizen Can Minor Children Accompany Or Join Your Spouse To The United States
No, spouses of U.S. citizens fall into immediate relative category. Being a member of this category will allow your spouse to immigrate into the United States as soon as the visa process is completed or even sooner and without any additional wait caused by annual visa quotas, from which this category is exempt. The opposite side of this eligibility is the fact that immediate relatives are not allowed to bring any derivatives with them.
Can My Spouse Bring Their Children To The Us With A K3 Visa
After the spouse from a foreign country gets an the K3 visa, they can bring their children to the US with them. The children which qualify must be unmarried and under 21 years old.
The children will get a K-4 visa, but if the K3 visa holder gets their CR-1 visa, the child will also have to switch to the appropriate derivative visa. The child can live in the US, attend school and higher education, and apply for naturalization after they qualify and get their US citizenship.
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What If The Immigrant Spouse Waits In The Us Illegally
Waiting in the United States illegally until a priority date becomes current can lead to disastrous results. That’s because accruing unlawful presence in the United States can lead to an inadmissibility bar of several years. With 180 days of unlawful presence, the spouse can be barred from returning to the U.S. for three years and with one year’s unlawful presence, the time bar becomes ten years.
But applying through a U.S. consulate is likely to be the immigrating spouse’s only choice for obtaining the immigrant visa/green card. Someone whose U.S. spouse is a permanent resident or who has been living illegally in the United States is unlikely to be able to “adjust status,” that is apply for a green card without leaving the United States. But if the U.S. spouse becomes a U.S. citizen, it improves the situation considerably, as discussed below. See an experienced immigration attorney if you are attempting to obtain a green card for someone already living illegally in the United States.
Basic Immigrant Visa Eligibility Requirements For Spouse Of Lawful Permanent Resident
In order for a foreign-born spouse to be eligible for a green card based on marriage, the marriage must, first off, be legally valid . It must also be bona fide that is, not have been entered into merely for the purpose of evading immigration laws. You’ll be asked to prove that the marriage is bona fide at various points to the application process.
In addition, the foreign-born spouse must not be “inadmissible” to the United States. The grounds of inadmissibility are long and complicated, but the most troublesome ones for married couples tend to be those concerning past crimes or immigration violations and the likelihood that the immigrant will become a “public charge” because the couple’s household finances are not sufficient to avoid receiving need-based government assistance.
A particularly difficult ground of inadmissibility arises if the foreign-born spouse is living illegally in the United States, whether that’s due to having entered without inspection or having overstayed a visa.
First, understand that starting a green card application process on someone’s behalf will not give the person any right to come to or remain in the United States. Unless a spouse already has a valid visa or some other right to be in the United States, the spouse is expected to wait in his or her home country until the priority date is current before moving forward to claim any immigration rights.
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What Happens If My Non
If your partner entered the UK from the US as a foreign fiancé, they shouldnt leave the country until youve got married or entered a civil partnership. Nevertheless, if they leave and need to re-enter, they must apply for a new entry clearance.
If you and your partner werent able to get married during your first 6 months on a Fiancé visa, you can apply for an extension.
How Long Is The K3 Visa Processing Time
K3 visa processing time varies from case to case and it takes 5-8 months to process.
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.
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The Difference Between The Us K
It has already been mentioned that the K-3 visa is one of the spouse visas available to Thai citizens and their American spouse. There are others though:
- A CR1 Visa
This is a permanent resident visa that gives the Thai spouse entry to the U.S as a conditional permanent resident. The Thai resident will be issued a Green Card and will also be given a work permit. Upon entry, the Thai spouse will be allowed to remain in the US indefinitely. This permanent residence is however based on the condition that the marriage must last for at least 2 years. After 2 years, the U.S. citizen may then petition for a lift of the condition.
- An IR1 Visa
Unlike the CR1 visa, this type of spouse visa grants the recipient an unconditional permanent resident. Thus, as a Thai spouse, you will be granted a work permit and be allowed to live indefinitely in the U.S.
Additional Benefits For Preference Category Immigrant
Preference classification beneficiaries may be eligible for certain benefits. If you have children who did not receive permanent residence at the same time that you did, you may not need to file a separate I-130 form for your children. They may also be exempt from waiting for an available visa number. All that may be required is that you, the parent, notify the U.S. consulate of your permanent residence status so that your children may apply for an immigrant visa.
Your children may receive following-to-join benefits if the relationship has existed since you received permanent residence AND you received and immigrant visa or adjusted status in a preference category.
To receive following-to-join benefits:
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Message From Oia Director Tamara Felden Regarding The End Of The Defense Of Marriage Act
Dear International Spouse or Partner,
As you may know from our home page, the U.S. Supreme Court decision that the Defense of Marriage Act is unconstitutional, makes it possible now for same-sex spouses to obtain immigration benefits that were previously unavailable to them.
If your marriage to your same-sex spouse occurred in a country or in a U.S. state where same-sex marriage is legally recognized, you are eligible for dependent immigration statuses, assuming that all other eligibility requirements for the status are met. So, you may now be eligible F-2, J-2, H-4 or TD status and, if you so choose, may file for a Change of Status. More information on dependent statuses can be found elsewhere on this page and your OIA Adviser will be glad to guide you through the process or, if your situation is more complicated, assist you in finding an attorney who can help.
In this context, it may also be helpful to define the terms spouse and partner:
Even if this applies to you, however, we hope that you consider OIA one of your primary supports at the University of Chicago. The many types of resources and events we offer are designed to assist you in as many ways as possible and to help you be at home in a large international community that has much in common with you.
-OIA Director Tamara Felden
Scenario #: Immigrant Is Living Overseas And Married: Us Spouse Is A Lawful Permanent Us Resident Living In The United States
Average time — Five to 30 months for approval of Form I-130 petition possibly some time on a waiting list another five to ten months or longer to get the immigrant visa.
Summary of the Process — The U.S. permanent resident starts the process by submitting a Form I-130 to USCIS, online or by mail. After the petition is approved, the immigrant might be placed on a waiting list to apply, based on “priority date.” When the wait is over, the immigrant will submit a visa application form online and submit documents to the NVC. Even though the NVC can accept the application, the State Department cannot actually issue a visa until the priority date is current and a visa is available, so there might be a delay at this point. When the visa becomes available, an interview at the consulate will be scheduled, soon after which the immigrant spouse should be approved for an immigrant visa.
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Apply For An Immigrant Visa
Once your payment clears, you are ready to file form DS-260 for an immigrant visa. Form DS-260 is also completed online. Dont forget to print the confirmation page when you get to the last screen. You will need to take this to your consulate interview. Like before, you will receive a notice acknowledging receipt of your submission.
Now, you must submit your supporting documents to the NVC. This includes a completed form I-864 Affidavit of Support, which is your spouses promise to support you if you dont have the means to support yourself. Supporting documents are either uploaded online, sent via email or regular mail to the NVC. You can figure out which method applies to you here. It will take roughly 3-6 months for the NVC to process your application. Once it does, your case will be transferred to the U.S. Embassy/Consulate in your home country.