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US Visas for Spouses – Workpermit.com

US Visas for Spouses – Workpermit.com

Getting your partner a US visa

American residents have two technique of bringing their overseas husbands or wives to the US to dwell (in case you are not but married, please go to our part for fiancé(e) visas).

  • You can “sponsor” your partner’s immigrant visa for entry to the United States. If you comply with this course of, your overseas partner will full the visa course of utterly outdoors the US, after which arrive within the US and procure everlasting residency standing instantly. You might want to submit an immigrant Petition for Alien Relative, Form I-130. After USCIS, the National Visa Center and the US Embassy full all the mandatory administrative processing your partner might be granted an immigrant visa. Your partner will obtain an IR1 or a CR1 visa.

(Note: An IR-1 (IR stands for “Immediate Relative”) visa permits your partner to immigrate to the U.S. A CR1 Visa (CR stands for “Conditional Residency”) might be given to you in case your marriage is lower than 2 years previous. It is conditional for two years.

  • You can get hold of a Ok-3 visa. The K3 visa is a non-immigrant visa for the US. K3 visas are granted usually inside a couple of months. You ought to use the K3 visa to begin the method outdoors of the US, then journey to the US to finish the immigration course of. Please be aware that on this case, the applying should be made within the nation the place the wedding occurred. If your marriage occurred within the US, your partner should apply for a K3 visa by means of the US Embassy within the nation of his/her residence. Furthermore, and considerably complicated – the applicant must have kind I-129F (referred to as “petition for alien fiancé(e)) also filed on his/her behalf. Since K-3 is a relatively new visa category, USCIS continues to be using the Form I-129F and it is still called a “petition for alien fiancé (e)” rather than a “petition for alien partner”. After the visa has been issued, the spouse can travel to the US.

To obtain either visa, you must meet the following requirements:

  • You must be legally married. Merely living together does not qualify a marriage for immigration Unmarried partners are ineligible to sponsor visas to the United Stated.
  • In most cases you must have a residence in the US to apply. If you live outside the US, see the next section below.
  • You must be 18 years old before you can sign the Affidavit of Support, which is a form that will be required later in the process.

If you live outside the US

Read more: K-3 Visa Process: Just a Mirage for Spouses?

If you want to bring your foreign spouse to the US, but you are currently living outside the US, you must submit a visa petition (form I-130) to either your local US Citizenship and Immigration Services (USCIS) office or directly to the US Embassy where your foreign spouse resides. Please check first if the US Embassy accepts Immigrant Visa Petitions.

Once the visa petition is approved, the foreign-born spouse will receive a packet from the National Visa Center (NVC), which is located in Portsmouth, New Hampshire. The packet informs your foreign spouse of the various documents which must be presented at the immigrant visa interview abroad (e.g., passport, police clearances, results of medical examinations, etc.). The packet includes certain documents requesting biographic data that must be completed, signed and forwarded to the U.S. Embassy or Consulate abroad. Usually, the foreign-born spouse is interviewed and granted an immigrant visa within three to six months.

If you and your spouse are planning to remain outside the US indefinitely, it is not recommended that you apply for a Green Card. The Green Card could be cancelled at the Port of Entry to the US if you have spent more than six months outside of the US. The Immigration Officer at the Port of Entry will have to determine if the US is your main home, so be prepared for a lot of questions.

If you both already live in the US

Read more: Can I Visit My Spouse In The United States While Waiting For My Green Card?

The U.S. citizen must submit a Petition for Alien Relative (form I-130) to appropriate US Citizenship and Immigration Services (USCIS) office to prove that the marriage is genuine.

Attached to the visa petition are the following items:

  • Biographical forms (forms G-325A) for both the husband and the wife with photos attached.
  • Proof of the petitioner’s citizenship. This can take the form of a U.S. Passport, a Certificate of Naturalization or Citizenship or a certified copy of the citizen’s birth certificate.
  • A certified copy of the marriage certificate.
  • Certified copies of the documents that terminated any previous marriages of the husband or wife, including final divorce decrees, and certificates of annulment or death.

At the same time, the foreign-born spouse, assuming he or she entered the U.S. lawfully, should submit an application for adjustment of status (form I-485), which is an application for a green card. Normally you will also have to submit form I-485 along with green card photographs, an affidavit of support from the spouse, an application for employment authorization, an application for a travel permit (known as “superior parole”) – assuming the non-citizen partner has not been within the U.S. unlawfully for 180 days or extra – and quite a few different USCIS kinds.

Frequently Asked Questions

We do not need to be aside for so lengthy. What can we do to keep away from this?

Read more: Change of Status From Visitor Visa to Green Card

Sometimes with a purpose to keep away from a prolonged separation, the couple returns to the U.S. instantly after the wedding (utilizing a customer visa) and proceeds to file the mandatory purposes as soon as they’re each within the U.S. Often the USCIS doesn’t like this, and it’s not unusual for the USCIS to cease the overseas-born partner on the Port of Entry and exclude her or him from the U.S. as an intending immigrant. However, if the overseas-born partner manages to enter the US, USCIS is not going to deny his or her software for a inexperienced card solely as a result of she or he entered the U.S. on a short lived visa when their actual intent was to stay completely within the U.S. You ought to as a substitute apply for the Ok-3 visa with a purpose to work and dwell legally within the US, whereas ready your everlasting residence.

What about my overseas partner’s kids?

Spouses of U.S. residents, and the partner’s kids, can come to the United States on nonimmigrant visas (Ok-4 visas) and wait within the United States to finish the immigration course of. Before a Ok-4 visa will be issued to a baby, the mother or father should have a Ok-3 visa.

We have not been married very lengthy. Does that matter?

If the wedding is lower than two years previous when the overseas-born partner turns into a everlasting resident, the inexperienced card will expire after a two-yr interval. Both spouses should submit a joint petition (kind I-751) to take away the 2-yr situation. You ought to do that 90 days earlier than the Green Card expires.

Our marriage has ended. Can I keep within the US?

If the wedding has ended since you bought divorced, your US citizen partner has died, or as a consequence of abuse within the marriage, the overseas-born partner could eligible to use for a waiver of the joint petition requirement. However, these waivers are very troublesome to get.

Read more Cr1 visa travel restrictions while moving – Indochina Airlines

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