The first thing to know when you’re bringing your spouse to the United States is you must either be a US citizen or a lawful permanent resident (green card holder). The first step of the process involves the type of visa you must apply to: the K3 visa known as the non-immigrant visa for a spouse of a US citizen or green card holder and the IR1 or CR1 visa known as the immigrant visa for a spouse of a US citizen or green card holder. Here is a comprehensive guide to help you understand the steps involved in bringing your spouse to the U.S.
Can Green Card Holders (Permanent Residents) Bring Their Spouses to the U.S.?
Green Card holders (Permanent Residents) can bring their spouses to the US. through the family-based immigration system. This means the person petitioning must be a legal permanent resident of the United States and the relationship between the petitioner and the beneficiary (in this case, the spouse) must be legal in the country where it occurred and should be considered valid by the U.S. immigration laws. However, the process is longer than those of the U.S Citizens and there is a limitation on the number of the visas issued each fiscal year.
Getting an IR1/CR1 Visa (Spouse Green Card) For Your Spouse
The IR1 visa is issued to spouses who have been married for more than two years, granting them immediate permanent residency upon entry. The CR1 visa is for those married less than two years and grants conditional permanent residency.
How to Apply For the IR1/CR1 Visa (Spouse Green Card)
- To get a spouse visa, you must apply to your local US Embassy or Consulate and go through consular processing.
- The first step is to file Form-130, Petition for Alien Relative and submit it to US Citizenship and Immigration Services (USCIS).
- If you get an approval after USCIS processes your application, it will be sent to the National Visa Center which will provide you further information about the next steps to be taken.
- You will need to complete DS-160, Application for Immigrant Visa and Alien Registration.
- You need to get a medical examination from a doctor approved by the Embassy.
- When you attend your visa interview you must gather all the required documents.
- If your visa is approved, you will receive it in about a week from your interview.
- When you are legally admitted into the United States your visa will be valid for 12 months and you should expect to get your Green Card during this 12 month period. If you applied for CR1 you will need to apply for removal of conditions after two years.
How Long Does it Take to Get an IR1/CR1 Visa (Spouse Green Card)?
The processing times can vary depending on several factors such as the country of origin, the specific U.S. embassy or consulate processing the visa, the current workload of the U.S. Citizenship and Immigration Services (USCIS), and whether the application is accurately completed and accompanied by all the necessary supporting documents.
- The processing time for Form I-130 takes approximately 10-15 months.
- The NVC processing time can take 2-3 months before they schedule an interview.
- The entire process, from filing Form I-130 to visa issuance, can take anywhere from 12 to 20 months, though these times can be longer or shorter based on the factors mentioned earlier.
Getting a K-3 Nonimmigrant Visa For Your Spouse
The K-3 nonimmigrant visa is a visa category for the foreign-citizen spouses of United States (U.S.) citizens. It permits these spouses to enter the U.S. with temporary legal status while waiting for their permanent residency to be processed. The foreign spouse must have filed Form-130, Petition for Alien Relative and received the receipt notice before applying for form I-129F, Petition for Alien Fiance. K-3 visa processing times are shorter however there is an extra $265 filing fee and additional steps after entering the US. Therefore, with IR1/CR1 times being improved, the K3 visa is not that common anymore.
How to Apply For the K-3 Nonimmigrant Visa
- The first step is to file Form I-129F, Petition for Alien Fiancé(e) and submit it to US Citizenship and Immigration Services (USCIS) with the receipt notice for the Form I-130 and other required documents.
- After USCIS approves the I-129F petition, it is sent to the National Visa Center (NVC).
- The next step is to file DS-160, Application for Immigrant Visa and Alien Registration with other required documents.
- After the K-3 visa is approved you may travel to the US and apply for an adjustment of status based on the marriage by filing and submitting form I-485 to USCIS.
How Long Does it Take to Get a K-3 Nonimmigrant Visa?
- The processing time for Form I-130 takes approximately 10-13 months.
- If the I-130 is approved before or around the same time as the I-129F, the K-3 process might be skipped in favor of proceeding directly with the immigrant visa process.
- Within a few months from the I-129F approval, you will be informed about your visa interview which is usually scheduled for the next 4-5 weeks.
- The overall process takes about 19 months.
What are the Required Documents if the Petitioner is a U.S. Citizen?
- Form I-130 and Form I-130A: Establishing the marriage relationship.
- Proof of US Citizenship: U.S. passport, birth certificate, Certificate of Naturalization, or Certificate of Citizenship.
- Proof of Relationship: Marriage Certificate, joint bank accounts and insurance, apartment lease agreement, photographs together, affidavits from friends and family, and so on.
- Proof of Termination of Previous Marriages (if applicable): Divorce decrees or death certificates.
- Two Passport-Style Photos for both the petitioner and the spouse.
- Confirmation Page of the Form DS-260 Application for Immigrant Visa.
- Passport valid for at least six months.
- Medical Examination by a US – approved physician.
- Birth Certificate of the applicant.
- Military record for males above the age of 17 or copy of the exemption if exempted.
- Police Clearance from every country the applicant has lived for more than 12 months.
- Form I-864, Affidavit of Support completed by the petitioner demonstrating the financial capability to support the immigrant.
- IRS Tax Return Transcript or 1040 Tax Return Form and W2 Form for the most recent tax year from the petitioner.
What are the Required Documents if the Petitioner is a Green Card Holder (Permanent Resident)?
- Form I-130 and Form I-130A: Establishing the marriage relationship.
- Proof of Permanent Residency: Copy of the Green Card (front and back)
- Proof of Relationship: Marriage Certificate, joint bank accounts and insurance, apartment lease agreement, photographs together, affidavits from friends and family, and so on.
- Proof of Termination of Previous Marriages (if applicable): Divorce decrees or death certificates.
- Two Passport-Style Photos and Birth Certificates for both the petitioner and the spouse.
- Confirmation Page of the Form DS-260 Application for Immigrant Visa.
- Passport valid for at least six months.
- Medical Examination by a US – approved physician.
- Military record for males above the age of 17 or copy of the exemption if exempted.
- Police Clearance from every country the applicant has lived for more than 12 months.
- Form I-864, Affidavit of Support completed by the petitioner demonstrating the financial capability to support the immigrant.
- IRS Tax Return Transcript or 1040 Tax Return Form and W2 Form for the most recent tax year from the petitioner.
First Step: Filing Form I-130, Petition for Alien Relative
How to File Form I-130, Petition for Alien Relative
Filing Form I-130 is the first step for US citizens or lawful permanent residents who want to bring their spouses to the United States. This petition can be filed electronically or can be mailed in the paper form.
- Firstly the latest version of I-130 must be gathered.
- The required information about the petitioner and beneficiary must be filled out.
- The above mentioned supporting documents (proof of petitioner’s status, proof of relationship and two passport-style photos for both the petitioner and the beneficiary) must be attached to the application.
- The current filing fee stated in the USCIS website must be paid before filing the petition.
- Lastly, the petition must be submitted electronically through the USCIS online account or mailed to the USCIS Lockbox Filing Locations stated on the USCIS website.
How Long Does an I-130 Take to Get Approved?
Processing times for I-130 can vary depending on the workload of the field office or the petitioner’s status. For spouses of the US citizens it takes from 10 to 14 months and for the spouses of the Green Card holders it can take up to 25 months.
What are the Next Steps After Filing Form I-130?
After USCIS approves the I-130 petition your file will be sent to the National Visa Center (NVC). And NVC will transfer your case to the appropriate US Consulate and notify you further about the next steps:
- First, you must pay the Immigrant Visa Application Processing fee and Affidavit of Support fee.
- Secondly, you must complete and submit Form DS-260 (Online Immigrant Visa Application)
- Finally, you will need to submit Form I-864, Affidavit of Support along with required financial documents.
- After NVC processes the fees and documents it will schedule an interview for your spouse in the U.S. Embassy or Consulate in their country.
- You must also undergo a medical examination conducted by an authorized physician before your interview.
- After your visa is granted you will be able to enter the US as a lawful permanent resident and within weeks you will receive your Green Card by mail.
What’s the Difference Between Conditional Residency and Permanent Residency?
Conditional residency is granted to the individual who has been married to a US citizen for less than two years and is valid for two years while permanent residency is granted for ten years to spouses who have been married for more than two years. Permanent residency can be renewed indefinitely unlike conditional residency where you must actively file for removal of conditions with required forms and documents.
Work with Oguz Law’s Immigration Attorneys
The process of getting a Marriage Based Green Card can be quite difficult and complex for the spouses. With its experienced immigration attorneys, Oguz Law is here to assist the U.S. citizens, permanent residents, and their foreign spouses in their application processes.
Frequently Asked Questions About Bring a Spouse to the United States
Can I Sponsor My Wife to Stay in the U.S. If I Have a Green Card?
Yes, as a green card holder you may sponsor your spouse and certain family members for their lawful permanent residency.
How Long Does It Take to Bring Your Spouse to the USA?
To bring your spouse to the USA takes from 6 to 12 months.
Can My Wife Stay in the U.S. While Waiting For a Green Card?
Yes, your wife can stay in the U.S. as long as she complies with the terms of her current visa.
What is the Wait Time For a Marriage-Based Green Card?
Overall time processing takes from 12 to 24 months.
How Can I Speed Up My Spouse’s Visa for the US?
You can make a request to expedite the petition process through the USCIS online system. However you must have a compelling reason for which you can provide documentation such as financial loss, medical conditions or national interest.
What Evidence is Needed For the Sponsorship?
For the sponsorship there needs to be proof of US citizenship or lawful permanent residency, proof of the lawful status of the beneficiary, proof of the relationship and financial evidence.
Can the U.S. Spouse Visa be Denied?
Yesi a US spouse visa can be denied for several reasons such as insufficient evidence of bona fide marriage, incorrect documentation, unlawful presence in the US, criminal history, financial ineligibility or health-related reasons.
Does I-130 Require an Interview?
It is not typical for I-130 petitions to require an interview. It is generally approved without the need for an interview. However, an interview is required later in the consular processing at the US Embassy.
Can I Stay in the US While Waiting For I-130 Approval?
Yes, you can stay in the U.S. as long as you comply with the terms of your current visa.
How Many Times Can You Sponsor a Spouse to the USA?
There is no limit to the number of times you can sponsor a spouse however you must provide documentation for your previous marriages and prove your current marriage is genuine.
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