Are you married to a U.S. citizen or a lawful permanent resident (green card holder) and want to live together in the United States? The U.S. government offers a spouse visa for immigrants that allows you to migrate to the U.S. through a sponsorship by your spouse.
This article will guide you through the steps involved in getting a spouse visa, what to expect during the process, and how sponsorship works.
What is the Spouse Visa?
The spouse visa provides legal permission for married partners of U.S. citizens or permanent residents to reside and obtain employment within the United States. The spouse visa serves as one of the leading methods through which foreigners come to the United States. The U.S. government issues two principal types of spouse visas:
- CR1 Visa (Conditional Resident): This is for couples who have been married for less than two years. The immigrant spouse receives conditional permanent residency through this visa type.
- IR1 Visa (Immediate Relative): This for couples who have been married for more than two years. The IR1 visa allows the immigrant spouse to gain permanent residency from the day of arrival with no requirement for a two-year conditional status.
The entry conditions for CR1 and IR1 visas vary regarding duration of marriage since spouses can reside and work in America through different processes.
The Sponsorship Process
A sponsorship plays an essential role when people apply for a spouse visa. The U.S. citizen or lawful permanent resident who acts as sponsor must submit a petition to U.S. Citizenship and Immigration Services (USCIS). The sponsorship procedure involves the following steps.
- Form I-130 (Petition for Alien Relative): The U.S. citizen or resident sponsor must submit this form to USCIS, proving that there is a valid marriage relationship with the immigrant spouse.
- Proof of Financial Support: The sponsor must show that they can financially support their spouse by submitting an affidavit of support (Form I-864). A sponsor seeking to petition for an immigrant spouse must demonstrate sufficient income equal to 125% above the U.S. poverty guidelines to avoid requiring public help for their relative.
- Proof of Legitimate Marriage: The couple must provide evidence of a genuine marriage. The applicant must present documentation including marriage certificates combined with joint bank statements and images showing them together to demonstrate a genuine relationship rather than immigration-focused benefits.
Steps to Apply for a Spouse Visa in USA
Applying for a spouse visa involves several steps. Here’s what you need to know to start the process:
Submit the I-130 Form
As mentioned earlier, this is the first step where the sponsor files a petition with USCIS to recognize the spouse as a relative who is eligible for a visa.
Wait for Approval from USCIS
After submitting the I-130 form, USCIS will review the petition. This may take several months, and sometimes longer depending on the current processing times.
National Visa Center (NVC) Processing
Once USCIS approves the I-130, the petition is sent to the National Visa Center. The NVC will then process the case and request additional documents, including the affidavit of support.
Interview at a U.S. Embassy or Consulate
The immigrant spouse will attend an interview at a U.S. embassy or consulate in their home country. During the interview, a consular officer will ask questions to confirm the legitimacy of the marriage and check all required documentation.
Visa Issuance and Entry into the U.S.
If the visa is approved after the interview, the immigrant spouse will receive their visa and can travel to the United States. Once they arrive in the U.S., they will become either a conditional or permanent resident, depending on how long the couple has been married.
How Long Does It Take to Get a Spouse Visa?
The timeline for obtaining a spouse visa varies depending on several factors, such as the nationality of the applicant and the current processing times at USCIS and the NVC. On average, it can take between 12 and 18 months for a spouse visa to be fully processed and approved. However, delays may occur, so it’s essential to start the process as early as possible.
Benefits of a Spouse Visa
The spouse visa offers several benefits to those who qualify. One of the advantages include work authorization. Immigrant spouses can apply for a work permit, allowing them to seek employment legally in the U.S.
With the spouse visa, you’re rest assured of permanent residency. Spouses of U.S. citizens can eventually apply for green card and, after a certain period, for U.S. citizenship.
The spouse visa also allows couples to live together in the U.S., avoiding long separations due to immigration issues.
Summary
In conclusion, migrating to the U.S. through a spouse visa is a life-changing opportunity for couples. All they have to do is to have the right preparation, understand the process, and have the right documentation. Then journey toward living together in the United States can be successful. As a last advise, always ensure that you meet the requirements and file your petition as early as possible to avoid unnecessary delays.