Spouse Visa
Visas for Spouses of U.S. Citizens and Legal Permanent Residents
There are numerous situations in which U.S. citizens or Green Card holders may need to take steps to bring their spouses to the United States. This can be crucial to ensure that families can live together, that immigrants are authorized to work in the United States, and that they can avoid the possibility of deportation by maintaining Legal Immigration Status. There may be different types of visas available to foreign spouses, and in addition to providing authorization to enter the United States, an Immigrant Visa will also allow a person to receive a Green Card and maintain permanent residency in the country.
Understanding the requirements that apply to spouses and foreign sponsors who apply for visas on your behalf is not always easy. Fortunately, Immigration Lawyer is here to help you meet these requirements and complete the process of bringing your family members to the United States. We will review the details of your situation and make sure you provide the correct information when applying for visas and Green Cards. We will help you fill out the appropriate forms and can help you understand the best ways to deal with any complications 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 an immediate relative and therefore can receive an IR visa. These are often the easiest visas to receive, as there will usually be no wait times required and there are no limits on the number of immigrants who can enter the U.S. on IR visas. A citizen can apply for an IR visa for their spouse. If the spouse has already been legally admitted to the United States, the immigrant can apply for Adjustment of Status at the same time as their visa application, and can 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 individual will need to apply for a Visa and Green Card through consular processing, and will work with the U.S. embassy or consul in the country where they currently live to show that they meet all eligibility requirements and receive authorization to enter and live permanently in the United States.
Visas for Spouses of Legal Permanent Residents
A Green Card holder may apply for a family preference (F) visa and a green card on behalf of his or her spouse. Spouses of Lawful Permanent Residents fall into the F2A category, which is in the second preference tier. There are limits on the number of F visas that can be issued each year, and waiting times will generally be required. A spouse who is already in the United States after being lawfully admitted may apply for a visa, and once the visa is available, may be eligible for Adjustment of Status, as long as he or she has continuously lived in the United States after being admitted. For spouses who are outside of the United States, consular processing will be used for a visa petition, and once the visa is 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 Legal Permanent Resident with a valid Green Card.
- The couple must be legally married and will need to provide evidence that their marriage is bona fide. In addition to providing copies of a Marriage Certificate, spouses who have been previously married will need to provide evidence showing that these marriages were ended by 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 he or she has the financial means to support his or her spouse.
In cases where spouses have been married for at least two years, the immigrant spouse will generally be eligible to receive a Permanent Green Card. However, for marriages of less than two years, a Conditional Green Card will be issued, and will expire after a certain period of time (usually two years). To avoid this, spouses must file a Permanent Green Card petition. This petition can be filed during the 90-day period before the Green Card’s expiration date.
Contact our immigration attorneys for spousal visas
If you are a U.S. citizen or green card holder who wishes 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 impact your ability to live together with your family members in the United States. At Spouse Visa Attorney, we can make sure that you complete all of your immigration requirements while providing invaluable guidance to ensure that you can complete the application process as quickly and efficiently as possible. To get the legal help you need, fill out an online contact form or contact our attorneys at 866-605-7967 with any questions you may have.
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