Spouse Visa

The United States offers a pathway for foreign spouses of U.S. citizens or lawful permanent residents to obtain permanent residency through spousal visas, specifically the CR-1 and IR-1 visas.

Types of Spousal Visas:

• CR-1 Visa: Issued to spouses married for less than two years, granting conditional permanent residency.
• IR-1 Visa: For spouses married for over two years, providing immediate permanent residency without conditions.

Eligibility Requirements:

• The petitioner must be a U.S. citizen or lawful permanent resident.
• Both parties must be legally married; common-law marriages are recognized if valid in the place of celebration.
• The petitioner must be at least 18 years old to sign the Affidavit of Support.
• Proof of sufficient income to support the spouse, ensuring they won't become a public charge.

Application Process:

• Petition Filing: The U.S. citizen or permanent resident files Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS).
• Approval and Processing: Upon approval, the case is forwarded to the National Visa Center (NVC) for further processing.
• Visa Application: The foreign spouse submits Form DS-260, Immigrant Visa Application, and provides necessary civil documents.
• Interview: The spouse attends an interview at the U.S. embassy or consulate in their country.
• Visa Issuance: If approved, the spouse receives the visa to enter the U.S. as a permanent resident.

Financial Sponsorship:

The petitioner must submit Form I-864, Affidavit of Support, demonstrating the financial ability to support the spouse.

Conditional Residency and Removal:

CR-1 visa holders must apply to remove conditions on their residency by filing Form I-751 within the 90-day period before the two-year anniversary of obtaining conditional residency.

Benefits of Spousal Visas:

• Work Authorization: Spouses can work in the U.S. upon arrival.
• Path to Citizenship: Eligible to apply for U.S. citizenship after three years of residency.

Navigating the spousal visa process can be complex. It's advisable to consult with an experienced immigration attorney to ensure all requirements are met and to facilitate a smooth application process.