Friday, March 17, 2023

How To Get Spouse Visa For Usa

Don't Miss

Your Are A United States Citizen And Your Spouse Is Lawfully In The United States

CR1 Spousal Visa in the U.S | Documents & Process 2020

You must not have committed one of the crimes addressed by the Adam Walsh Act, which include crimes of spousal violence and child abuse. You will need to file an USCIS’s I-130 form and an I-485 form . Please note, there are ancillary forms including I-765 a request for Employment Authorization Document and I-131 request for issuance of a travel document. There is also the Form I-130A, which needs to be filled out. Filling out the form requires disclosure of biographical, family and employment information of both spouses. To avoid errors, which sometimes may lead to serious problems, take these forms seriously and follow the instructions on each form to the letter. Peruse the instructions before getting to filling out any of these forms.

Application Process To Petition To Bring A Spouse If You Are A Permanent Resident

If you are a lawful permanent resident of the United States, you will need to do the following:

  • Complete Form I-130 and submit it to USCIS.
  • If the petition is approved, the spouse will be placed on a waiting list to obtain an immigration visa number.
  • The filing date will become a priority date for the visa, the visa application will not be submitted until the priority date updates.
  • Once the priority date updates, you will need to submit the visa application to the NVC.
  • The NVC will be in charge of sending the file to the consulate or embassy closest to where your partner lives and will then schedule an interview.
  • If approved, the embassy will issue an immigration visa number.
  • The spouse will have a maximum of six months to travel to the U. S. and their Green Card will arrive in the mail within a few weeks.
  • As with American citizens, if you have been married to your partner for less than two years, the residential card will become conditional and will have an expiration date of two years.

    You can submit the request for a Green Card in the 90-day period before the conditional card expires.

    In case you are the holder of a Green Card and are elected for American citizenship, you can go through the process on how to get U. S. citizenship. This will speed up your partners processing and you wont have to wait for an available visa number.

    Entering The United States: Port Of Entry

    A visa allows a foreign citizen to travel to the U.S. port-of-entry and request permission to enter the United States. You should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security , U.S. Customs and Border Protection officials have authority to permit or deny admission to the U.S. Upon arrival at the port-of-entry, be prepared to present to the CBP officer your passport with visa and your unopened/sealed packet containing your documents. Travelers should review important information about admissions and entry requirements on the CBP website under Travel.

    Read Also: How To Get Apple Music Free Without Credit Card

    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.

    Conditional Residence And Removing Conditions

    » Apply Canadian Spouse Visa

    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.

    You must apply to remove conditional status within the 90-day period before the expiration date on the conditional resident card. If you fail to file during this time, your spouses resident status will be terminated and he or she may be subject to removal from the United States. Use our Filing Calculator to determine your 90-day filing date. For more information, see the Remove Conditions on Permanent Residence Based on Marriage page.

    Read Also: Can I Pay Credit Card With Venmo

    What Is The Application Process For A Marriage

    The specific type of spouse visa the foreign spouse will receive will depend on how long the couple has been married. If a couple has been married for less than 2 years, the foreign spouse will receive a CR1 visa but spouses married for over 2 years will receive an IR1 visa.

    Generally, the spouse visa process is as follows:

  • The U.S. citizen spouse completes Form I-130 and submits it to the United States Citizenship and Immigration Services
  • The petition is processed and a decision is sent to the U.S. citizen
  • If approved, the application will then be sent to the National Visa Center who will then send a package to the foreign spouse with instructions on the next steps in the application process
  • The foreign spouse then needs to complete Form DS-260
  • The foreign spouse will then need to undergo the required medical examination and necessary vaccinations
  • Supporting documents are compiled to form a portfolio of evidence
  • The foreign spouse attends a visa interview at their nearest U.S. embassy or consulate in their home country or USCIS office
  • After the interview, the visa applicant will receive a decision over whether or not their visa has been approved.
  • How Much Will My Spouse Visa Cost

    The cost of the visa itself is £1,523. You must also pay the Immigration Health Surcharge, which will be £1,200. The optional Priority Settlement Service is £573 when bought as a standalone product through an Application Support Centre. Remember, if you are applying through a Premium Application Centre then you cannot buy this on its own but must buy the Premium Settlement Package, at $2,000. There is a plethora of other services which VFS offer as add-ons , if applying through a Premium Application Centre.

    Recommended Reading: Why Is Google Services Charging My Credit Card

    Overview: What Is A K

    The fiancé K-1 nonimmigrant visa is for the foreign-citizen fiancé of a United States citizen. The K-1 visa permits the foreign-citizen fiancé to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident with the Department of Homeland Security , U.S. Citizenship and Immigration Services . Because a fiancé visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas.

    Proof Of Financial Support And Affidavit Of Support Forms

    2022 Spouse Visa Requirements

    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. The Consular Officer may request that a Form I-134, Affidavit of Support, be submitted by the U.S. citizen spouse.

    The U.S. citizen spouse will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident.

    You May Like: How To Get Amex Platinum For Free

    If I Was A Legal Resident And Now I Am A Citizen Can I Update My Wifes Petition

    In that case, you should always update your spouses petition. The petition will move from the second family preference to the immediate relative .

    You must first send the documents proving your citizenship to the NVC, including:

    • Copy of the United States passport showing the biographical data or
    • Copy of the naturalization certificate.

    The NVC then assigns the applicant a case number. Subsequently, it asks you to complete Form DS-261, Choice of Address and Agent. If you already have an attorney this will not be necessary.

    Once the corresponding fees have been paid, the NVC asks the applicant to send the required documents for the immigrant visa. It includes:

    • Affidavit of financial sponsorship.
    • Civil documents (marriage certificate, divorce or annulment decrees and so on.

    What Are The Main Requirements For An Ir1 Visa

    There are a number of requirements the couple will need to fulfill in order for a spouse to be eligible for the IR1 Visa/Spouse Green Card. Overall the main requirements are as follows:

    • The couple is legally married and can provide a valid marriage certificate
    • One of the spouses is a U.S. citizen
    • The U.S. citizen spouse has a valid address in the United States

    Recommended Reading: What Can Credit Card Companies Do To Collect Debt

    Supporting Documentation For The K

    When attending a K-3 visa interview you will be required to take various documents with you to your interview, including the following:

    • The DS-160 printed confirmation page
    • A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay, unless exempt
    • The original or certified copies of your birth certificate, marriage certificate, divorce or death certificate of any previous spouse, as well as police certificates from your present country of residence and all countries where you have lived for 6 months or more since age 16
    • Proof of your medical examination
    • Proof of financial support. Here the Consular Officer may request Form I-134, Affidavit of Support, be submitted by your US spouse
    • Two 2×2 photographs
    • Evidence of your relationship with your US spouse.

    The Consular Officer may also ask for additional information, such as wedding photographs and other proof that the marriage to your US spouse is genuine.

    Can A Green Card Holder Get A Visa For A Spouse

    Spouse Visa Canada

    Yes, green card holders can petition for their spouses to join them in the U.S. on a visa. Spouses of lawful permanent residents are eligible for a family second preference category visa. However, there is a long waitlist for category 2A green cards, and you can get a visa for your spouse much quicker if you are a U.S. citizen.

    Read Also: Where Can I Use My Fingerhut Credit Card

    The Second Step: Applying For A Visa

    The NVC will mail you a letter when it sends your fiancé case to the U.S. Embassy or Consulate. Once you receive this letter, inform your fiancé to take the below-listed actions to apply for a K-1 visa and prepare for the interview.

    Eligible children of K-1 visa applicants may apply for K-2 visas. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee.

    The First Step: Filing The Petitions

    You May Like: Can I Add Credit Card To Venmo

    How Much Does A Marriage Green Card Cost

    The applicant will need to take into consideration a number of fees when they complete a CR1/IR1 Visa application. The fees are likely to vary depending on the country from which the application is made.

    The main costs of the visa application include:

    • Form I-130 : $535
    • Form DS-260: $445
    • Medical examination and vaccinations fees: costs will vary
    • USCIS Immigrant fee : $220
    • Fees for the translation of documents: costs will vary

    Changing Or Extending Td Visa Status

    Expedite your K1 Fiancee or Spouse Visa

    What are the specifications if you want to change or extend your TD visa status? If you are already in the U.S. and you are under a different non-immigrant category, one can consider changing to a TD visa. What you have to do in this respect is to file an I-539 application.

    On the other hand, if you are in the U.S. and you are under the TD visa status and you want to prolong it, then you should file a different application namely the I-539. This implies filing a petition by email a process referred to as an extension of status. It is critical to file the extension application before the TN I-94 record expires otherwise, the petition will be denied by the USCIS.

    That being said, extending your status is a possibility, but it still remains connected to the principal TN workers extension of status. On a different note, you have the right to multiple entrances in the U.S., as long as the visa status remains valid.

    Read Also: Which Credit Card Has The Highest Interest Rate

    Forms And Documents For A Marriage

    To start off the process, the green card holder must complete USCIS Form I-130 and submit it along with evidence of the marriage and proof of status as a green card holder to USCIS.

    After the I-130 has been approved by USCIS, and the spouse’s priority date has become current, you’ll receive further forms and instructions from the National Visa Center and then the appropriate U.S. consulate in the immigrant’s home country.

    Or, in the rare case that the foreign-born spouse is in the United States and eligible to adjust status here, you will need to prepare a packet of forms and documents, and submit these by mail to USCIS.

    The final step in this process is for the foreign-born spouse to attend an interview at a U.S. consulate, where the paperwork will be reviewed and a decision made on the immigrant visa. Upon entry to the U.S. with the immigrant visa, the immigrant spouse becomes a lawful permanent resident.

    Or, if the spouse will be adjusting status, the two of you will attend an interview at a local USCIS office.

    What Is A Td Visa

    Well start with the basics, namely explaining what a TD visa is. But first, we have to mention the TN visa. In an attempt to facilitate ease of trade between the U.S. and Canada and Mexico, the North American Free Trade Agreement was created. Aside from the economic benefits linked to this agreement, it also aims at making traveling and working in the U.S. more accessible to Canadians and Mexicans.

    With that in mind, a TN visa is a non-immigrant visa. Canadians and Mexicans can apply for such a visa if they meet the necessary criteria. To a given extent, the TN visa has some things in common with the H-1B visa, when it comes to requirements.

    Moving on, a TD visa may be obtained by a TN visas worker spouse or children. In order to qualify, the children must not be married and they must be under the age of 21. Simply put, via the TD visa, as a spouse or child of a TN visa holder, you can apply to work and live in the U.S. under this visa status.

    Also Check: How Hard Is It To Get An Overstock Credit Card

    Entering The United States

    If you are granted a visa after the interview, you will be able to use the visa to travel to a U.S. port of entry. Keep in mind that a visa is just a legal travel document it doesnt guarantee entry into the United States. U.S. Customs and Border Protection officials have the prerogative to either permit or deny admission to the United States. If your request for entry is granted, you will be admitted as a permanent resident.

    If You Were An Lpr And Are Now A Us Citizen: Upgrading A Petition


    If you filed a petition for your spouse when you were a lawful permanent resident , and you are now a U.S. citizen, you must upgrade the petition from family second preference to immediate relative . You can do this by sending proof of your U.S. citizenship to the National Visa Center . You should send:

    • A copy of the biodata page of your U.S. passport or
    • A copy of your certificate of naturalization

    Recommended Reading: Can I Pay Mortgage With Credit Card

    Spouse Green Card Required Documents

    The first form you, the green card holder, must submit is a USCIS Form I-130, Petition for Alien Relative. Along with the petition, you must provide documentary evidence of the legitimacy of your marriage and your permanent resident status in the U.S. Once Form I-130 is approved by the USCIS and your priority date has arrived, the National Visa Center and the U.S. embassy of your home country will send additional forms and instructions to complete the process.

    Finally, your spouse will have to complete an interview at the U.S. embassy. At this interview, all the documents youve submitted will be reviewed, and you will have to answer questions about your application. A decision will then be made, and, if approved, your spouse will become a legal U.S. resident upon entering the country.

    More articles

    Popular Articles