Foreign spouses who marry U.S. citizens or Legal Permanent Residents (LPRs) do not automatically gain permanent residency or citizenship. To obtain a green card for your spouse, which grants permanent residency, an application must be submitted to the U.S. Department of State.
There are several requirements, making it challenging to understand the process alone. Hiring the services of a family immigration lawyer could make the immigrant visa process smoother and much less stressful for you.
Whether it’s a green card, waiver, or humanitarian relief, we’ll review your case and explain what’s possible.
A spouse visa, officially known as a CR1 (Conditional Resident) or IR1 (Immediate Relative) visa, is designed for individuals married to U.S. citizens. This visa allows the spouse to live and work in the United States as a permanent resident.
The type of visa issued depends on the length of the marriage at the time of application. If the marriage is less than two years old, a CR1 visa is issued, granting conditional permanent residency.
For marriages lasting longer than two years, an IR1 visa is granted, providing immediate permanent residency without conditions.
Green card holders can petition the United States Citizenship and Immigration Services (USCIS) for a category F2A green card for their spouse. This process is typically longer than it is for U.S. citizens petitioning for their spouses, as green card holders fall under a different preference category.
The F2A category is specifically for spouses and unmarried children under 21 of lawful permanent residents. Due to annual limits on F2A visas, applicants may experience longer wait times depending on visa availability and their country of origin.
For spouses outside the U.S.:
For spouses adjusting their status from within the U.S.:
Preparing for a spouse visa interview involves careful organization and a thorough understanding of the process.
Here are some key steps to help you prepare:
Generally, U.S. citizens’ spouses receive green cards faster than green card holders’ spouses. This is because LPR spouses are placed on a waiting list and given a priority date after filing their petition, unlike citizen spouses. The immigrant visa application cannot be continued until the priority date becomes current on the visa bulletin.
The spousal green card process typically takes two to three years for permanent residents, whereas it can take a year or a year and a half for citizens.
After the interview, the timeline for receiving a spouse visa can vary depending on a few factors. If the application is approved during the interview, the immigrant will typically receive their passport with the visa stamp within 2-3 weeks.
However, additional delays can occur if the case is placed under administrative processing, requiring further review. Administrative processing can extend the wait time by several weeks or even months in some cases.
The best way to speed up your spousal visa processing time is to work with an experienced immigration lawyer who can ensure that your application is complete and error-free. They can also provide guidance on the best strategy to navigate any potential delays or challenges in the process.
If you’re a U.S citizen and you and your partner are not yet married, you may initiate a fiancé visa process for them. The processing time is usually shorter and may be concluded in about six months. Instead of Form I-130, the U.S. citizen spouse has to fill out Form I-129F.
The fiancé(e) usually has 90 days from the time they enter the country to get married before they can apply for a green card. However, only a citizen can sponsor their fiancé(e) for a visa.
An experienced immigration firm can help you fill and file your forms appropriately to avoid complications that could lengthen the processing time. They will also be able to help you overcome any legal hiccups along the way.
Speak to Inspira Immigration Law to kickstart your immigration process today!
