Applying for a Visa When Your Spouse Is Inside or Outside the U.S.

 Posted on March 23, 2023 in Immigration

If you are a citizen of the United States, and you are married to a foreign spouse, you are likely looking at your options for applying for a family visa and ensuring that they can receive a Green Card and live with you in the U.S. on a permanent basis. This can be an intimidating process, but with careful planning, you can successfully apply for and receive a visa for your spouse. Here are some things to consider when applying for a visa when your spouse is either inside or outside of the U.S.:

Eligibility for Sponsoring a Spouse for Immigration

To sponsor your spouse for an immigrant visa, you must be at least 18 years old. While there is technically no age requirement for filing a visa application, you will need to file an Affidavit of Support along with the application, and this affidavit has an age requirement of 18. You must also have a permanent residence in the United States, and you must plan to continue living in the country for the foreseeable future.

If Your Spouse Is Inside the U.S.

If your spouse is already in the United States with you, then you may be eligible to apply for an adjustment of status. If your application is approved, your spouse will be recognized as a lawful permanent resident of the U.S. and receive a marriage-based Green Card. To do this, you must first file Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status, with U.S. Citizenship and Immigration Services (USCIS), along with other related documentation such as birth certificates, your marriage certificate, passport photos, and any other evidence that proves that you have a valid marriage. Once these forms are approved by USCIS, your spouse will be able to receive their Green Card.

If Your Spouse Is Outside the U.S.

If your spouse is currently located in another country, and you want them to come to the United States on an immigrant visa, then you will need to use consular processing to complete the immigration process. You must file Form I-130 with USCIS. The form must include evidence that shows that your marriage is real and legitimate. Once USCIS approves your form, it will be forwarded to the National Visa Center, which will notify you and your spouse of the documents that must be submitted. The original versions of these documents will be needed when your spouse attends an interview at a U.S. embassy or consulate in the country where they are currently living. After all required documents have been submitted and the interview has been conducted, immigration officials will make a decision on whether to grant an immigrant visa. If the visa is approved, then your spouse will receive their Green Card shortly after entering the U.S.

Contact Our Dallas Spouse Visa Lawyer

Applying for a visa on behalf of your spouse can often seem intimidating due to the complexity of the immigration laws in the U.S. and the variables involved in each individual case. However, by understanding your requirements, the information that must be submitted, and the procedures you and your spouse will need to follow, you can ensure that you will be able to complete this process successfully. At Law Office of Jae Lee, we can provide guidance in these matters, and we can make sure all documentation is prepared and submitted correctly. We can also help you resolve any issues that may arise during this process, ensuring that you and your spouse will be able to make a life for yourselves in the United States. If you want to know more about how we can help with these types of cases, contact our Plano family visa attorney at 214-295-3014 and schedule a free consultation.

Sources:

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html

https://www.uscis.gov/family/bring-spouse-to-live-in-US