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Spousal Visa

Spousal Visa

A spousal visa is a type of visa that allows a U.S. citizen or lawful permanent resident to sponsor their foreign-born spouse to come to the United States and live with them permanently. There are two types of spousal visas:

  1. Immigrant visa for spouse of a U.S. citizen: This visa is available to foreign-born spouses of U.S. citizens. The U.S. citizen spouse must file Petition for Alien Relative, with USCIS to begin the process. Once the petition is approved, the foreign-born spouse can apply for an immigrant visa at a U.S. consulate abroad.
  2. Immigrant visa for spouse of a lawful permanent resident: This visa is available to foreign-born spouses of lawful permanent residents. The lawful permanent resident spouse must file Petition for Alien Relative, with USCIS to begin the process. Once the petition is approved, the foreign-born spouse can apply for an immigrant visa at a U.S. consulate abroad.

The spousal visa process can be complex and time-consuming, and it requires the petitioner to meet certain eligibility requirements and provide supporting documentation. The LAWCADDY process will help you and your spouse prepare the petition and the supporting documents, then coach you through the visa process in their current country of residence.

$499.00

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*Government Fees are NOT Included in LAWCADDY Price

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Consular Processing

Consular processing is the process by which an individual applies for an immigrant visa at a U.S. consulate or embassy outside the United States. Consular processing is typically required for individuals who are seeking an immigrant visa based on a family relationship, employment, or other qualifying basis, and who are currently living outside the United States. The consular processing process generally involves the following steps:
  1. Filing a Petition: The U.S. citizen or lawful permanent resident petitioner files an immigrant petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the beneficiary, seeking approval of the beneficiary’s eligibility for the requested visa classification.
  2. Approval of the Petition: If USCIS approves the petition, the approved petition is sent to the National Visa Center (NVC), which processes the visa application and sends it to the appropriate U.S. embassy or consulate.
  3. Visa Application and Interview: Once the application is received by the U.S. embassy or consulate, the beneficiary must complete the required visa application forms and attend an interview with a consular officer.
  4. Background Checks and Medical Exam: Prior to issuing the immigrant visa, the beneficiary must undergo a medical examination and pass security and background checks.
  5. Visa Issuance: If the visa application is approved, the immigrant visa will be issued, allowing the beneficiary to travel to the United States and become a lawful permanent resident.
    1. Consular processing can be a complex process and requires careful attention to detail. It is important to seek the guidance of an experienced immigration attorney to ensure that all requirements are met and the process goes smoothly.

Frequently Asked Questions

How long does it take to get a spousal visa?

The processing time for a spousal visa can vary depending on various factors such as the volume of applications received by USCIS, the complexity of the case, and the workload of the U.S. embassy or consulate. However, as of March 2023, the current estimated processing time for a spousal visa ranges from 9 to 13 months. The processing time can also be affected by the completeness and accuracy of the application, the evidence submitted, and whether additional information or an interview is required. To ensure a timely and successful processing of the application, it is important to submit a complete and accurate application along with all required supporting documents. It is recommended to check the USCIS website or consult with an experienced immigration attorney for the most up-to-date information on processing times and requirements for obtaining a spousal visa.

If my marriage is genuine, will it be hard to get a spousal visa?

If your marriage is genuine and meets the requirements for a spousal visa, it should not be difficult to obtain the visa. However, the process of obtaining a spousal visa can be complex and requires careful attention to detail. To obtain a spousal visa, you must provide evidence to support the genuineness of your marriage. This evidence may include marriage certificates, joint bank account statements, lease agreements, photographs of the couple together, and other documents that demonstrate that you have a bona fide relationship. If the U.S. embassy or consulate has any doubts about the genuineness of your marriage, they may request additional evidence or schedule an interview with you and your spouse. During the interview, the consular officer may ask questions about your relationship history, daily routine, future plans, and other details about your marriage. If your application is approved, you will be granted an immigrant visa that will allow you to enter the United States and become a lawful permanent resident. It is important to ensure that all requirements are met and that the application is complete and accurate to avoid delays or denials. If you have any concerns about the spousal visa application process or need assistance with gathering the necessary evidence to support your application, it is recommended to consult with an

Is a Spousal Visa the same as a Green Card?

A spousal visa is not the same as a green card, but it is a necessary step towards obtaining a green card. A spousal visa is a temporary visa that allows a foreign-born spouse of a U.S. citizen or lawful permanent resident to enter the United States and live with their spouse while they apply for a green card. The spousal visa is typically valid for 6 months to one year and may be extended if necessary. Once the foreign-born spouse enters the United States on a spousal visa, they can apply for a green card through a process known as Adjustment of Status. If the green card application is approved, the foreign-born spouse will become a lawful permanent resident of the United States. It is important to note that the process of obtaining a spousal visa and a green card can be complex and time-consuming. It is recommended to seek the guidance of an experienced immigration attorney to ensure that all requirements are met and the process goes smoothly.

Are our children included in my spousal visa?

If you have children who are under the age of 21 and unmarried, they may be eligible to be included in your spousal visa application as derivative beneficiaries. Derivative beneficiaries are eligible to accompany or “follow to join” the principal beneficiary, which in this case would be you as the foreign-born spouse of a U.S. citizen or lawful permanent resident. To include your children in your spousal visa application, you must list them as dependents on the visa application forms and provide documentation to establish their eligibility as derivative beneficiaries. This may include birth certificates, marriage certificates, and other documents that establish the familial relationship. If your spousal visa application is approved, your children will be issued immigrant visas along with you, allowing them to enter the United States and become lawful permanent residents. It is important to note that your children must enter the United States on their immigrant visas within six months of their issuance. If you have any questions or concerns about including your children in your spousal visa application, it is recommended to consult with an experienced immigration attorney.

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