Applying for a spouse visa to the USA can be a complex process. It is essential to understand the steps involved and where to submit your application. This guide provides detailed information on applying for a spouse visa, including the necessary forms, processing times, and where to apply.
Understanding the Spouse Visa
The spouse visa, also known as the IR1 or CR1 visa, allows foreign spouses of U.S. citizens or lawful permanent residents to live in the United States. This visa grants the holder permanent resident status.
Types of Spouse Visas
IR1 Visa: This is for spouses of U.S. citizens. It is issued to couples who have been married for more than two years.
CR1 Visa: This is for spouses of U.S. citizens who have been married for less than two years. This visa grants conditional resident status.
Eligibility Requirements
Before applying for a spouse visa, both the U.S. citizen or lawful permanent resident and their foreign spouse must meet specific requirements:
Marriage Validity: The marriage must be legally recognized in the U.S. and the country where it took place.
Financial Stability: The U.S. citizen must meet minimum income requirements to support their spouse.
No Criminal History: Both spouses should not have any disqualifying criminal history.
Step-by-Step Process for Applying for a Spouse Visa
The application process for a spouse visa involves several steps. Each step is crucial for the successful processing of the application.
Step 1: Filing the Petition
The first step in applying for a spouse visa is for the U.S. citizen or lawful permanent resident to file Form I-130, Petition for Alien Relative.
Where to File: The petition should be filed with the U.S. Citizenship and Immigration Services (USCIS). The filing location depends on the petitioner’s residence. You can check the USCIS website for the correct address based on your state.
Supporting Documents: Along with Form I-130, you need to submit the following documents:
- Proof of U.S. citizenship or lawful permanent residency (copy of passport, birth certificate, or green card).
- Marriage certificate.
- Proof of the relationship (photos, correspondence, etc.).
- Any previous divorce decrees, if applicable.
Step 2: Receiving Approval
After filing the petition, the USCIS will process it. This step typically takes several months.
USCIS Processing Times: The processing time can vary based on several factors, including the service center’s workload. You can check estimated processing times on the USCIS website.
Notification of Approval: If approved, the USCIS will send Form I-797, Notice of Action, to the petitioner. This notice indicates that the petition is approved.
Step 3: National Visa Center Processing
Once the petition is approved, it is forwarded to the National Visa Center (NVC).
NVC Case Number: The NVC assigns a case number and provides instructions for the next steps.
Submitting Fees and Documents: The petitioner will need to pay the necessary fees and submit additional documentation, including
- Form DS-260, Immigrant Visa Electronic Application.
- Affidavit of Support (Form I-864).
- Civil documents, such as police certificates, birth certificates, and marriage certificates.
Step 4: Visa Interview Preparation
After processing at the NVC, the case is sent to the U.S. embassy or consulate in the foreign spouse’s country for a visa interview.
Scheduling the Interview: The NVC will notify the applicant of the interview date. It is essential to be prepared and gather all necessary documents for the interview.
Step 5: Attending the Visa Interview
During the interview, the consular officer will ask questions to verify the relationship and ensure that all information is accurate.
Documents to Bring: The foreign spouse should bring:
- Passport valid for at least six months beyond the intended stay in the U.S.
- Appointment confirmation letter.
- Visa application fee receipt.
- Form DS-260 confirmation page.
- Supporting documents as specified by the NVC.
Step 6: Visa Approval and Entry to the USA
If the visa is approved, the foreign spouse will receive a visa stamp in their passport, allowing them to enter the U.S.
Entering the U.S.: Upon arrival in the U.S., the spouse must present the visa at the port of entry. The Customs and Border Protection (CBP) officer will grant entry into the country.
Step 7: Obtaining Permanent Residency
Once the foreign spouse enters the U.S. on an IR1 or CR1 visa, they become a permanent resident.
Conditional Residency: If entering on a CR1 visa, the spouse will receive a conditional green card, valid for two years. To remove conditions, they must file Form I-751 within 90 days of the card’s expiration.
see also: Where to Schedule a US Visa Appointment?
Where to Apply for a Spouse Visa
Filing Locations
U.S. Citizenship and Immigration Services (USCIS):
For Form I-130, petitions are submitted to the USCIS. The specific address depends on the petitioner’s state of residence.
National Visa Center (NVC):
After USCIS approval, the case will be processed by the NVC. They will provide further instructions and the mailing address for additional documents.
U.S. Embassy or Consulate:
The final application process occurs at the U.S. embassy or consulate in the foreign spouse’s country. It is essential to check the specific embassy or consulate’s website for details on the application process.
Additional Resources
USCIS Website: The USCIS website is a valuable resource for checking application statuses, processing times, and accessing necessary forms.
NVC Website: The NVC website provides information on case status and processing steps.
U.S. Embassy or Consulate Website: Each U.S. embassy or consulate has its website with specific instructions for visa applicants.
Conclusion
Applying for a spouse visa to the USA involves multiple steps and requires careful attention to detail. Understanding where to apply and what documents are necessary can streamline the process. Always refer to official USCIS and U.S. embassy resources for the most accurate and updated information. By following the steps outlined in this guide, couples can navigate the spouse visa application process more effectively.
