How Long Does It Take For Spouse To Process Immigration

2

Immigrating to a new country with your spouse is a significant life event. One of the most common questions couples have is, “How long will it take for my spouse’s immigration to be processed?” The answer isn’t simple, as there are many factors that can affect the processing time. In this article, we’ll break down these factors and give you a better idea of what to expect.

The country where your spouse is coming from can play a big role in how long the immigration process takes. Some countries have more complex immigration procedures or higher volumes of applications. For example, if your spouse is from a large country with a high demand for immigration, like India or China, the processing time may be longer. This is because the immigration authorities have to handle a large number of applications from these regions. On the other hand, if your spouse is from a smaller country with fewer applicants, the process might be quicker.

There are different types of visas for spouse immigration, and each has its own processing time.

Family – Sponsored Visas: These are visas where a U.S. citizen or permanent resident sponsors their spouse. If a U.S. citizen sponsors their spouse, the process can be relatively faster in some cases. But if a permanent resident sponsors their spouse, the wait can be longer.

Employment – Based Visas: In some cases, a spouse might be able to immigrate based on their own job offer in the new country. This type of visa often requires the employer to go through a labor certification process. The labor certification can take a long time, sometimes several months to over a year, depending on the type of job and the demand for that occupation in the country.

The completeness of your application and supporting documents is crucial. If you submit an application with missing or incorrect information, it will delay the process. Immigration authorities need to verify all the details, such as your marriage certificate, proof of financial support, and background checks. For example, if your marriage certificate has a misspelling or if you forget to include a required form, the application will be sent back for correction. This can add weeks or even months to the processing time.

Backlogs in the immigration system can cause significant delays. Immigration offices around the world are often inundated with a large number of applications. For instance, in the United States, the U.S. Citizenship and Immigration Services (USCIS) may have a backlog of spouse immigration applications. This could be due to a sudden increase in applications, changes in immigration policies, or limited resources at the immigration office. When there are backlogs, applications may take much longer to be processed.

If you are a U.S. citizen and your spouse is abroad, they can apply for an Immediate Relative Visa. The CR – 1 visa is for spouses who have been married for less than two years, and the IR – 1 is for those married for two years or more.

Step 1: Filing the Petition (I – 130)

You, as the U.S. citizen, start by filing the I – 130 petition for alien relative with the USCIS. This step usually takes about 5 – 7 months to be approved. However, it can vary depending on the USCIS service center where the petition is filed and the current workload.

Step 2: Consular Processing

Once the I – 130 is approved, the case is sent to the National Visa Center (NVC). Here, there are more forms to fill out and fees to pay. The NVC processing can take around 3 – 5 months. After that, the case is sent to the U.S. embassy or consulate in your spouse’s home country. At the embassy or consulate, your spouse will have an interview. The time it takes to schedule this interview can vary, but on average, it’s about 1 – 3 months. Overall, the entire process from filing the I – 130 to your spouse getting the visa can take around 12 – 18 months.

If you are a permanent resident (green card holder) sponsoring your spouse, the process is a bit different.

Step 1: Filing the Petition (I – 130)

Similar to the U.S. citizen – sponsored case, you file the I – 130 petition for alien relative. However, because permanent residents are in a different visa preference category, the wait for approval can be longer, often around 12 – 18 months.

Step 2: Adjustment of Status or Consular Processing

If your spouse is already in the United States, they may be able to apply for adjustment of status (form I – 485) to become a permanent resident. This process can take around 12 – 24 months. If your spouse is abroad, consular processing will be used. The NVC processing and embassy/consulate interview steps are similar to the U.S. citizen – sponsored case, but the overall wait time from filing the I – 130 can be 2 – 3 years due to the longer wait for the I – 130 approval.

If you are on an H – 1B work visa in the United States and your spouse is coming to join you, they can apply for an H – 4 dependent visa.

Step 1: Employer Sponsorship (for H – 1B Worker)

First, you need to have a valid H – 1B visa. Your employer must file the H – 1B petition for you, which can take several months. The H – 1B cap – subject petitions (for new H – 1B visas in certain categories) are usually processed in a lottery system, and the wait can be from 3 – 6 months or more if there are delays.

Step 2: Spouse’s H – 4 Visa Application

Once you have a valid H – 1B visa, your spouse can apply for an H – 4 visa. The application process for the H – 4 visa, including filing the DS – 160 form, paying the visa fee, and scheduling an interview at the U.S. embassy or consulate in their home country, usually takes about 1 – 3 months. However, if there are administrative processing requirements, such as additional security checks, this can add another few weeks to several months to the process.

Make sure all your documents are in order before you start the application process. Gather your marriage certificate, birth certificates, financial statements, and any other required documents. Have them translated if necessary. Double – check all the information to avoid mistakes. You can also keep copies of all the documents you submit for your own records.

Don’t be afraid to follow up with the immigration office handling your case. You can check the status of your application online if the system allows it. If there are any delays or if you haven’t received a response within the expected time frame, you can contact the immigration office. However, be polite and patient when making inquiries.

An experienced immigration attorney can be a great help. They know the ins and outs of the immigration process and can guide you through the complex paperwork. They can also help you anticipate any potential issues and find solutions. While hiring an attorney adds to the cost, it can save you time and stress in the long run.

The time it takes for spouse immigration to be processed can vary widely, from a few months to several years. It depends on factors like the country of origin, the type of visa, the completeness of documentation, and immigration backlogs. Understanding these factors and following the proper steps can help you manage your expectations. By preparing your application thoroughly, following up with immigration authorities, and considering the help of an attorney, you can potentially speed up the process. Remember, patience is key during this journey, and with the right approach, you and your spouse can look forward to starting a new life together in your new country.