In general, a spouse is a legally wedded wife or husband, now most people are trying to get a visa for their spouse but they also experience a lot of problems due to lack of knowledge about the immigration process. Most importantly, the common-law spouses may qualify as spouses for the migration purposes it is always based on the laws of the country where the common-law marriage occurs. Of course, merely living together does not qualify a marriage for immigration. In some cases, a U.S. citizen is also living abroad can file an immigrant visa petition outside of US
In order to complete the process, the petitioner must submit the following documents
- You need to submit Form I-130 with proper fee along with this you need to submit required documentation such as
- A copy of all divorce decrees
- Copy of death certificates,
- A copy of the civil marriage certificate
- A copy of annulment decrees which is really important to demonstrate that all previous marriages entered into by you as well as your spouse
- Evidence of all legal name changes including marriage certificates, court judgment, divorce decrees of the name change, in addition to this you need to submit adoption decrees
- Passport style photos, you must see Form I-130 instructions for photo requirements
Document Requirements For U.S. Citizen:
- S. birth certificate
- Valid U.S. passport
- Naturalization certificate
- Consular Report of Birth Abroad
- Certificate of citizenship
Requirements For Green Card Holder:
If you are the permanent resident you need to demonstrate your status with following
- Xerox copy of your foreign passport along with bearing a stamp showing temporary evidence
Of course, there is no minimum age for an America sponsor to file a petition for a spouse but the applicant must be at least 18 years of age at the same time it is also important to have the residence in the U.S. Before that you need to sign the Affidavit of Support Form I-864 or I-864EZ. Obviously, it is the form which is required for an immigrant visa for a spouse and relatives of U.S. sponsors. If you are planning to live for the foreseeable future you need to consider the important process related to the US visa approval. Normally, United States is required for a U.S. sponsor to file the Affidavit of Support along with exceptions. To bring your spouse to live in the United States you must be either green card holder or a U.S. citizen.
Fees are also charged for the following services:
- Immigrant visa application, Form DS-260
- Immigrant Petition for Alien Relative- Form I-130
- Medical examination:
Additional costs include:
- Birth certificates
- Photocopying charges
In addition to this, fees for obtaining the documents for the immigrant visa application including passport, expenses for travel to the U.S, police certificates, embassy as well as a consulate for your visa interview. Most importantly, costs will be varying based on the country.
A U.S. citizen planning to file a visa petition for a foreign fiancée or spouse outside the U.S. may have various strategies to choose from. The most common options are the K-1 fiancée visa, the K-3 visa, and the CR1/IR1 immigrant visa. This article analyzes the factors to be considered in choosing among the strategies. If I’ve left out an important factor, let me know in the comments.
How to choose The Right Visa Strategy
Get Married Right Now?
Before going to choose any visa strategy, you must consider the timing of your marriage because it plays an important role. Overall, K-1 visa is the best opportunity to spend time with your fiancé in the US before your marriage but if you are already married, you may choose CR-1 and K-3 visas.
The K-1 visa is considered as the fastest option, in most cases, it will take up to five to ten months for the approval. Instead of that, a CR-1 visa takes 10-16 months but if are not already married then you must prefer K-1 visa because it is the fastest option.
With the K-1 visa, your marriage should take place the US within 90 days of approval. Some people prefer to get married abroad, in that time the CR-1 or the K-3 visa would be the best option.
The Visa Types:
If the U.S. citizen has filed a Form I-130, Petition on behalf of a spouse, then the visa also allows the spouse to enter the U.S. in general; the K-3 process is as follows
- If the U.S. citizen files a Form I-130, formally request for Alien Relative, with USCIS
- USCIS issuance of the receipt notice for the I-130, as well as the citizen files a Form I-129F, formally request for Alien Fiancée with USCIS office
- Most importantly, also holds the adjudicates the I-130 as well as I-129F after that, forwards them to the National Visa Center.
- Once the NVC receives the approved I-13 before it processing then the K-3 visa application will be administratively closed. in uncommon cases does the NVC complete processing of the K-3 visa application as well as forward it to the Consulate.
- The spouse applies for a visa at the Consulate
- Spouse applies for admission to a CBP inspector for the entry as well as admitted in K-3 status valid for two years
- Spouse or fiancée applies for resident status after completion of the immigrant visa application or the spouse can apply for it by filing a Form I-485, Application to Adjust Status, with USCIS.
As background, you must know that the K-1 fiancée visa involves the below following procedures
- The American citizen files a Form I-129F, Petition for Alien Fiancée with Immigration Services (USCIS), U.S. Citizenship
- USCIS forwards the approved petition to the respective department (State Department’s National Visa Center)
- The fiancée applies for a K-1 visa then the children apply for K-2 visas at an American Consulate abroad.
- The fiancée applies for admission to American Customs as well as Border Protection at a port of entry
- In order to qualify for a green card, within three months entering in K-1 status, the couple must marry and the foreign spouse even to file with USCIS a Form I-485, Application to Adjust Status.
K-1 Fiancée Visa Guide:
CR1 or IR1 Immigrant Visa:
The immigrant visa involves following,
- First of all, the American citizen files a Form I-130, Petition for Alien Relative along with the USCIS
- In general, the approved petition is also forwarded to the National Visa Center for the clerical processing. In addition to this, gathering relevant documents from the respective petitioner as well as spouse
- Spouse applies for an immigrant visa at a U.S. Consulate abroad.
- The spouse applies for admission to a CBP inspector then the spouse becomes a permanent resident
- In order to get complete details, you must take Guide to Form I-130
In general, the K-3 is not a recommended or popular visa option. Four years back only around 392 K-3 visas issued worldwide than the 29,913 CR-1 visas. In the year of 2016, only 102 K-3 visas issued across the world, usually USICS routinely delays adjudicating the K-3 petition, for this, it is also adjudicated simultaneously with the related I-130. In addition to this NVC will administratively close a K-3 visa application. Even this routine also sends both to NVC. These practices defeat the congressional intent embodied in the statute that K-3 visas.
There many other available options available. the foreign fiancée is physically present in America it may be possible to marry in the U.S. but if not yet married it is important to file with USCIS the I-130 and the Form I-485, as well as it is also important to Adjust Status. It is also important to see Proving Nonimmigrant Intent for an American Visa for a proper discussion of whether it’s feasible to come to the America B-2 visitor for pleasure or as a B-1 visitor for business.
To get free from complications, it is important to hire immigration attorney because the experts may be able to assist you in choosing best and hassle-free visa strategy. The experts have the great ability so properly suggest you find the best option. Even they can offer advice on family-based immigration is a lengthy, constantly changing process as well as sometimes complex.
Even some of the people are ineligible to immigrate, some of them can only immigrate to meet the criteria for a special waiver of ineligibility grounds. Obviously, it is also common for immigration cases to be delayed. In some cases, the couple also kept apart if specific procedures but these are not actually followed at every step. So it is better to hire the experts to handle the case with ease. To get free from complications you must consult with a qualified as well as the most experienced immigration lawyer. With the help of this, you can easily find out if there are any hidden pitfalls or not. Most importantly, love and marriage are also considered as the important factors to leave the immigration process to chance.