The Spousal Visas Explained
In a previous blog post, we discussed the K-1 Visa for fiancé(e)s. In this post, we will dive into the visas designed for spouses of US Citizens.
What are the spousal visas?
In general, there are three types of spousal visas available - two that are classified as “immigrant visas” (CR-1 and IR-1) and one that is classified as a “nonimmigrant visa” (K-3). For the immigrant visas, depending on the length of the marriage prior to the issuance of the green card, the foreign spouse may be issued either the the CR-1 and IR-1 visa.
What is the difference between the CR-1, IR-1, and K-3 Visas?
The “CR” in a CR-1 visa means “conditional resident”. CR-1 visas as generally issued to a foreign spouse when the marriage is less than two years long. On the other hand, the “IR” in IR-1 visas means “immediate relative.” If the foreign spouse is issued a CR-1 visa, the foreign spouse may subsequently be issued a conditional green card, meaning that the foreign spouse will need to file a subsequent application to remove the conditions approximately two years down the road. If the foreign spouse is issued an IR-1 visa, the foreign spouse may subsequently be issued a permanent green card, which does not require the removal of conditions. An important difference between a conditional green card and a permanent green card is that a conditional green card is valid for up to 2 years, whereas a permanent green card is valid for up to 10 years.
The K-3 Visa is intended to shorten the time spent apart by the couples and allowed the foreign spouse to enter the United States while waiting for the approval of the immigrant visa petition. However, in recent times, the processing time for K-3 visas and the actual immigrant visa petition are not that much different, making some couples decide to forego the K-3 Visa and simply await the adjudication of the immigrant visa petition.
What are the requirements to file for a spousal visa?
The sponsor must be a US Citizen or green card holder. While there is no age requirement to file the petition (Form I-130), there are age requirements to complete the Affidavit of Support (Form I-864 or Form I-864EZ), which are required supplements to the petition.
The sponsor must maintain a domicile in the United States.
The couple must be lawfully married.
What documents are generally submitted when obtaining a spousal visa?
Documents that show the sponsor is a US Citizen or legal permanent resident;
Documents that prove a family relationship between the sponsor and the foreign spouse;
Documents that prove the couple entered a bona fide marriage;
Foreign spouse must have a valid passport;
Sponsor must complete an Affidavit of Support (Form I-864, Form I-864A, Form I-864EZ, or Form I-864W, as appropriate); and
Passport-style photos for both spouses.
What is the process for obtaining a spousal visa?
First, the sponsor must file a Petition for Alien Relative on the Form I-130 with USCIS. Currently, this application may take months to over a year, depending on the case.
The petition will then be forwarded to the National Visa Center (“NVC”), where it will be issued a case number. The NVC will notify you about the fees and paperwork that will need to be submitted to continue with the process.
From there, the foreign spouse will need to complete the Form DS-260, which is the actual application for a spousal visa.
The packet will then be forwarded to the US Embassy or Consulate, who will sed the foreign spouse correspondence regarding the interview, including the time and place and whether any additional documents are needed. While waiting for the interview, the foreign spouse will need to undergo a medical examination with an approved physician.
The foreign spouse then appears for an interview with a consular officer. If the consular officer is convinced that the marriage is valid and deems all paperwork in order, a visa will be issued.
What about spouses for green card holders?
The above visas are issued to foreign spouses of US Citizens. If one spouse is a green card holder and not a US Citizen, that spouse can still file the Form I-130, but the visa category for the foreign spouse will be the F2A category, which may have different processing times as noted on the Visa Bulletin, depending on the country and category.
Does all this information sound like a lot? Let the attorneys at Eccles & Taruc Law, PLLC, assist you with reconnecting with your loved ones with a spousal visa.
