
Spouse Visa USA
Under US law, foreign spouses of US citizens and of US lawful permanent residents do not automatically gain immigration rights in the USA. To secure the right to enter or remain in the United States, they must make an appropriate application to the US immigration authorities.
This means evidencing that they meet the US spouse visa requirements and following the relevant – complex and protracted – petitioning process. A number of routes are available to non-US spouses. Options will be determined by your circumstances.
US spouse visa requirements
To meet the US spouse visa requirements, the couple must be in a relationship that is legally recognized as a marriage in the jurisdiction where the ceremony took place. This applies to same sex as well as opposite sex marriages.
The US citizen spouse must also have stable US employment over the minimum threshold required for visa processing. These thresholds are:
Green card for spouse outside the US
To bring your spouse to live with you in the United States as a permanent resident, you must either be a US citizen or a Green Card holder (‘Lawful Permanent Resident’).
Under the Marriage Green Card route, the US citizen spouse would sponsor their spouse’s visa for entry into the United States using form I-130, immigrant Petition for Alien Relative.
After the petition is approved, the immigrant has to await their priority date to become current before they can proceed with their immigrant petition. The priority date waiting list is over two years, and there will be further processing of around 10 months for the immigrant visa.
The foreign spouse completes the visa process from outside the US, with the application subject to administrative processing by USCIS, the National Visa Center and the US Embassy in the spouse’s country of residence.
The conditional residency Green Card will expire after a two-year period. This status must be renewed within 90 days of the visa’s expriy date. This requires both spouses to submit a joint petition (form I-751) to remove the two-year condition.
Fiance visa from outside the US
The fiancé visa permits a non-US national to enter the US for the purpose or getting married and applying for the Green Card. The visa holder has 90 days in which to get married and file form I-485 to adjust their status.
It can take around ten months for the fiancé visa to be processed and a further one to two years to attain permanent residence.
Processing takes approximately four to six months, and includes an interview with the fiancé or fiancée who is abroad. If you are a US citizen, you may bring your fiancé(e) to the United States to marry and live here under the K-1 visa.
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