At The Immigration Legal Center, we understand the importance of keeping families together. If you’re a U.S. citizen or lawful permanent resident wishing to bring your spouse to the United States, our experienced attorneys are here to guide you through the process of obtaining a spousal visa. Whether you’re newly married or seeking to reunite with your spouse after a period of separation, we’re dedicated to providing personalized and effective legal representation tailored to your unique circumstances.
Navigating the spousal visa process involves several steps, each requiring careful attention to detail and adherence to specific requirements. At our Immigration Legal Center, we’re committed to guiding you through every stage of the process, ensuring that you understand what to expect and how to best prepare for each step. Here’s an overview of the typical process involved in obtaining a spousal visa:
1. Determining Eligibility: The first step in the process is determining whether you and your spouse meet the eligibility criteria for a spousal visa. Generally, you must be a U.S. citizen or lawful permanent resident, and your spouse must be a foreign national residing outside the United States.
2. Filing the Petition: If you’re eligible, the next step is to file a Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between you and your spouse and serves as the initial step in the visa application process.
3. Waiting for Approval: Once the petition is filed, USCIS will review it to ensure that it meets all requirements and that the relationship between you and your spouse is genuine. Processing times vary, but you can expect to wait several months for a decision.
4. Consular Processing or Adjustment of Status: If the petition is approved, the process will differ depending on whether your spouse is residing outside the United States (consular processing) or already present in the U.S. (adjustment of status). For consular processing, your spouse will attend a visa interview at a U.S. embassy or consulate in their home country. For adjustment of status, your spouse will file Form I-485 to apply for lawful permanent resident status while remaining in the United States.
5. Completing Additional Requirements: Throughout the process, you and your spouse may be required to complete additional steps, such as undergoing a medical examination, attending interviews, and providing supporting documentation to establish eligibility.
6. Visa Issuance or Green Card Approval: If all requirements are met and the visa application is approved, your spouse will receive a visa to enter the United States (in the case of consular processing) or a green card granting lawful permanent resident status (in the case of adjustment of status).
7. Conditional Residence (if applicable): In some cases, if you’ve been married for less than two years at the time the green card is granted, your spouse may receive conditional permanent residence. To remove the conditions and obtain full permanent resident status, you’ll need to file a joint petition (Form I-751) within the 90-day period before the conditional green card expires.
8. Reuniting with Your Spouse: Once your spouse has been granted a visa or green card, they’ll be able to legally reside with you in the United States, allowing you to finally be together and build your future as a family.
Throughout the entire process, our dedicated team of attorneys will be by your side, providing guidance, support, and expert representation to help you navigate each step successfully. From preparing and filing petitions to attending interviews and addressing any challenges that may arise, we’re committed to helping you achieve your goal of reuniting with your spouse in the United States.
Spousal Visas vs Marriage Visas
K-1
- Purpose: The K-1 visa allows a U.S. citizen to bring their foreign fiancé(e) to the United States for the purpose of getting married.
- Eligibility: The petitioner must be a U.S. citizen, and both parties must be legally eligible to marry. They must have met in person within the past two years.
- Process: The U.S. citizen petitioner files Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). Once approved, the foreign fiancé(e) applies for the K-1 visa at a U.S. embassy or consulate in their home country.
- Requirements: The couple must intend to marry within 90 days of the foreign fiancé(e)’s entry into the United States. After marriage, the foreign spouse can apply for adjustment of status to become a lawful permanent resident (green card holder).
CR-1
- Purpose: The CR-1 visa, also known as the Conditional Resident Spouse Visa, allows a U.S. citizen to bring their foreign spouse to the United States as a lawful permanent resident.
- Eligibility: The petitioner must be a U.S. citizen, and the couple must be legally married.
- Process: The U.S. citizen petitioner files Form I-130, Petition for Alien Relative, with USCIS. Once approved, the foreign spouse applies for the CR-1 visa at a U.S. embassy or consulate in their home country.
- Requirements: The couple must have a bona fide marital relationship and intend to live together in the United States permanently. The foreign spouse receives a conditional green card upon entry into the United States, which is valid for two years. Within the 90-day period before the green card expires, the couple must file a joint petition to remove the conditions on residency (Form I-751).
IR-1
- Purpose: The IR-1 visa, also known as the Immediate Relative Spouse Visa, is similar to the CR-1 visa but is issued to spouses of U.S. citizens who have been married for more than two years.
- Eligibility: The petitioner must be a U.S. citizen, and the couple must be legally married for more than two years.
- Process: The U.S. citizen petitioner files Form I-130, Petition for Alien Relative, with USCIS. Once approved, the foreign spouse applies for the IR-1 visa at a U.S. embassy or consulate in their home country.
- Requirements: The requirements for the IR-1 visa are similar to those for the CR-1 visa, except that the couple must have been married for more than two years at the time of filing the petition.
WHY CHOOSE THE IMMIGRATION LEGAL CENTER?
Expertise You Can Trust
Navigating the complexities of spousal visas requires a deep understanding of immigration law and a keen attention to detail. With years of experience helping clients successfully obtain spousal visas, our legal team has the knowledge and expertise to handle even the most challenging cases. From preparing thorough visa applications to representing clients in interviews and hearings, we’re committed to advocating for your rights and achieving the best possible outcome for you and your spouse.
Compassionate Support Every Step of the Way
We understand that the immigration process can be overwhelming, especially when it involves matters as personal as reuniting with your spouse. That’s why we prioritize providing compassionate support and clear communication throughout your case. From your initial consultation to the final resolution, you can trust our team to be there for you, offering guidance, reassurance, and practical solutions to address your concerns and achieve your immigration goals.
Tailored Solutions for Your Situation
Every spousal visa case is unique, and we believe in providing tailored solutions that meet the specific needs of each client. Whether you’re applying for a marriage-based immigrant visa, seeking to adjust your spouse’s status within the United States, or facing challenges such as a previous visa denial or inadmissibility issues, we’ll work closely with you to develop a strategic approach that maximizes your chances of success.
Our Commitment to Excellence
At our Immigration Legal Center, excellence is not just a goal – it’s our standard. We take pride in our track record of delivering exceptional results for our clients and our unwavering commitment to professionalism, integrity, and ethical practice. When you choose us to handle your spousal visa case, you can have confidence knowing that you’re working with a team of dedicated legal professionals who will go above and beyond to protect your interests and achieve your objectives.
Gathering Required Documentation
Our experienced attorneys will assist you in compiling and organizing all required documentation, ensuring that your application is thorough and well-prepared. We’ll guide you through each step of the process, from gathering initial paperwork to submitting your application and attending interviews. With our expertise and attention to detail, you can have confidence that your spousal visa application is in capable hands.
CONTACT US TODAY!
Ready to take the first step toward reuniting with your spouse in the United States? Contact our Immigration Legal Center today to schedule a consultation with one of our knowledgeable attorneys. During your consultation, we’ll review your case in detail, answer any questions you may have, and provide personalized guidance on the best course of action to achieve your immigration goals.
To schedule your consultation, simply give us a call or fill out the contact form below. Our friendly staff will assist you in setting up an appointment at a time that’s convenient for you.
Don’t let distance keep you apart from your loved one any longer. Let our experienced legal team help you navigate the path to a brighter future together. We look forward to assisting you every step of the way.
Contact Us