If you have a spouse residing outside of the United States and would like that spouse to relocate to the U.S. permanently, you can apply for a U.S. spouse visa. Once your spouse enters the U.S. on his/her spouse visa, he/she will be a lawful permanent resident and receive a Green Card in the mail.

Read on to learn more about how to apply for a U.S. spouse visa.

Who can apply for a U.S. spouse visa?

• The spouse of a U.S. citizen or a Green Card holder can apply for a spouse visa.

What does the spouse visa process involve?

Applying for a spouse visa for a spouse located outside of the U.S requires two separate steps, as well as two separate applications:

• Step One
  • File the I-130 Petition for Alien relative with United States Citizenship and Immigration Services (USCIS).
  • When USCIS approves the I-130 Petition, it will forward the case to the National Visa Center (NVC).

• Step Two
  • File an Immigrant Visa Application with the NVC.
  • There are financial requirements that need to be met for this step. The financial requirement varies by household size. You can refer to the federal poverty guidelines for more information.
  • When the NVC approves the application, it will forward the case to the Embassy/Consulate where the spouse resides.
  • The spouse will attend an interview at the Embassy/Consulate.

When your spouse is approved for the visa at the Embassy/Consulate interview, the Embassy/Consulate will issue the spouse visa stamp onto your spouse’s passport.

Then, once your spouse enters the U.S. on his/her spouse visa, he/she is a lawful permanent resident, and will receive a Green Card in the mail.

What are the spouse visa processing times?

Processing times for the spouse visa will depend on whether the petitioner/sponsor is a U.S. citizen or a Green Card holder.

For spouses of U.S. citizens, at the time of this writing, the entire two-step process takes about 8-12 months.

For spouses of Green Card holders, the processing time is dependent upon the foreign spouse’s country of origin. The date the I-130 Petition is filed will become your spouse’s priority date. The priority date determines your spouse’s place in line to proceed with Step Two discussed above. You may check the priority dates on the visa bulletin.

Things to keep in mind about the spouse visa:

• If you and your spouse have been married for less than two years when the Green Card is approved, the Green Card will be issued on a conditional basis for only two years. You can later apply to remove the conditional basis of the Green Card.
• Having a significant criminal background and/or prior immigration violations can affect the outcome of your spouse’s Green Card application.
• Applying for a spouse visa is a complicated process. If filed incorrectly, processing times can be significantly delayed or the spouse visa can be denied.
• Consult with an immigration attorney before applying for a spouse visa to make sure the process goes as smoothly as possible.

If you have additional questions about applying for a spouse visa, contact us today for a free case assessment!