Your Are A United States Citizen And Your Spouse Is Lawfully In The United States
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:
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.
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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
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.
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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:
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.
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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
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.
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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
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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
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.
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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, the U.S. citizen sponsor, must first file Form I-130, Petition for Alien Relative, with Department of Homeland Security , U.S. Citizenship and Immigration Services office that serves the area where you live. The USCIS will send a Notice of Action receipt notice to inform you that it has received the petition. See the USCIS website under K-3/K-4 Nonimmigrant Visas for more information.
- You must then file Form I-129F, Petition for Alien Fiancé, for your foreign-citizen spouse and stepchildren. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé for information on where to file the petition for a K-3 visa.
- After USCIS approves the petitions, they will be sent to the National Visa Center for processing.
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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
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.
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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.
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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
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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.