Spousal Visa Lawyer

Visas for Spouses of U.S. Citizens and Lawful Permanent Residents

There are numerous situations where U.S. citizens or Green Card holders may need to take steps to bring their spouses to join them in the United States. This can be crucial for ensuring that families can live together, that immigrants will have authorization to work in the U.S., and that they can avoid the possibility of deportation by maintaining a legal immigration status. Different types of visas may be available for foreign spouses, and in addition to providing authorization to enter the U.S., an immigrant visa will also allow a person to receive a Green Card and maintain permanent residence in the country.

Understanding the requirements that apply to foreign spouses and sponsors who apply for visas on their behalf is not always easy. Fortunately, Immigrate Lawyer is here to help you meet these requirements and complete the process of bringing family members to the United States. We will review the details of your situation and ensure that you provide the correct information when applying for visas and Green Cards. We will assist you in filing the proper forms, and we can help you understand the best ways to deal with any complications that you may encounter. Fill out the form below to get in touch with us. Read on to learn more about the requirements you will need to meet and the procedures you will need to follow during your visa application.

Visas for Spouses of U.S. Citizens

The spouse of a U.S. citizen is considered to be an immediate relative, and thus, they may receive an IR visa. These are often the easiest visas to receive, since wait times will usually not be required, and there are no limits on how many immigrants can come the U.S. on IR visas. A citizen can apply for an IR visa for their spouse. If the spouse has already been lawfully admitted to the United States, the immigrant can apply for adjustment of status at the same time as their visa application, and they may be able to receive a Green Card as soon as their application has been processed. In cases where a spouse is not currently in the United States, the person will need to apply for a visa and Green Card through consular processing, and they will work with the U.S. embassy or consul in the country where they are currently living to demonstrate that they meet all eligibility requirements and receive authorization to enter and live permanently in the United States.

Visas for Spouses of Lawful Permanent Residents

A Green Card holder can apply for a Family Preference (F) visa and Green Card on behalf of their spouse. Spouses of lawful permanent residents are included in the F2A category, which falls under the second level of preference. There are limits on the number of F visas that may be issued each year, and wait times will usually be required. A spouse who is already in the United States after having been lawfully admitted may apply for a visa, and after a visa becomes available, they may receive an adjustment of status, as long as they have lived continuously in the U.S. after they were admitted. For spouses who are outside of the United States, consular processing will be used for a visa petition, and once a visa becomes available, the spouse may apply for a Green Card.

Eligibility Requirements for Spouse Visas

When sponsoring a spouse for an immigrant visa, all of the following must be true:

• The sponsor must be a U.S. citizen or a lawful permanent resident with a valid Green Card.
• The couple must be legally married, and they will need to provide evidence that their marriage is authentic. In addition to providing copies of a marriage certificate, spouses who had previously been married will need to submit evidence showing that these marriages had been terminated through divorce, annulment, or the death of a spouse. Evidence of the authenticity of a marriage may include proof that the couple had lived together in the past, proof that they have combined their finances, or proof that they have children together.
• The sponsor must file an affidavit of support showing that they have the financial means to support their spouse.

In cases where spouses have been married for at least two years, the immigrant spouse will usually be able to receive a permanent Green Card. However, for marriages of less than two years, a conditional Green Card will be issued, and it will expire after a certain amount of time (usually two years). To avoid this, the spouses must file a petition for a permanent Green Card. This petition may be filed during the 90-day period before the Green Card's expiration date.

Contact Our Immigration Lawyers for Spousal Visas

If you are a U.S. citizen or Green Card holder who is looking to bring your spouse to live with you, you will need to understand your options for applying for an immigration visa and a Green Card. By taking the correct steps to compile the required documentation and submit all required forms, you can avoid complications or other issues that could affect your ability to live together with your family members in the United States. At Immigrate Lawyer, we can make sure you complete all of your immigration requirements while providing you with invaluable guidance to ensure that you will be able to complete the application process as quickly and efficiently as possible. To get the legal help you need, please fill out an online contact form, or get in touch with our attorneys at 844-464-4727 with any questions you may have.