How to apply for a spousal visa if I am Married to a Green Card Holder and Living Abroad?
If you are married to a green card holder and you are living abroad, you may be eligible to apply for a family-based immigrant visa, specifically a “F2A” visa category. This visa allows spouses of green card holders to immigrate to the United States. The process involves multiple steps and requires coordination between you, your spouse (the green card holder), and U.S. government agencies. Here’s an overview of the process:
- Petition (Form I-130) by Green Card Holder: Your green card holder spouse (the petitioner) needs to file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship between you as the beneficiary and your green card holder spouse.
- Wait for I-130 Approval: After USCIS approves the Form I-130, the case will be transferred to the National Visa Center (NVC) for further processing.
- NVC Processing: The NVC will request fees and documentation from both the petitioner (green card holder spouse) and the beneficiary (you). This documentation includes forms, supporting documents, and fees. Common documents include:
- Form DS-260: Online Immigrant Visa Application, filled out by the beneficiary.
- Affidavit of Support (Form I-864): Filled out by the petitioner to demonstrate financial support.
- Civil documents such as birth certificates, marriage certificates, police certificates, and passport-style photos.
- Attend Visa Interview: Once the NVC has received all required documentation and fees, they will schedule a visa interview at the U.S. embassy or consulate in your country. You will need to attend this interview.
- Medical Examination: Before the visa interview, you will need to undergo a medical examination by a panel physician approved by the U.S. embassy or consulate.
- Visa Interview: Attend the visa interview at the U.S. embassy or consulate. During the interview, the consular officer will review your application, documents, and eligibility. If approved, you will receive an immigrant visa packet.
- Travel to the U.S.: Once you receive your immigrant visa, you can travel to the United States. Upon arrival, a U.S. Customs and Border Protection (CBP) officer at the port of entry will inspect your visa and determine your eligibility to enter the country.
- Obtain Lawful Permanent Resident Status (Green Card): After entering the U.S., you will be admitted as a lawful permanent resident. A green card will be mailed to your U.S. address. This green card proves your status as a permanent resident.
Keep in mind that immigration processes can change over time, and there might be specific requirements or procedures that apply to your situation. It’s crucial to consult the official U.S. government sources, including the U.S. Department of State and U.S. embassy or consulate websites, for the most accurate and up-to-date information on the spousal visa application process. Consider seeking legal advice or assistance if you’re unsure about any aspect of the process.
How to apply for a spousal visa if I am Married to a U.S. citizen and Living Abroad?
If you are married to U.S. citizen and are living abroad, you can apply for a spousal visa to immigrate to the United States. The process involves several steps, including submitting a petition, attending an interview, and providing necessary documentation. Here’s an overview of the process:
- File Form I-130 – Petition for Alien Relative: Your U.S. citizen spouse needs to file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship between you and your U.S. citizen spouse. Your spouse will need to provide evidence of their U.S. citizenship (e.g., passport, birth certificate) and evidence of the bona fide nature of your marriage.
- Wait for I-130 Approval: After USCIS approves the Form I-130, the case will be sent to the National Visa Center (NVC) for further processing.
- NVC Processing: The NVC will notify your U.S. citizen spouse when they can start submitting required fees and documentation. You will need to complete Form DS-260, the Online Immigrant Visa Application, and provide civil documents, such as birth certificates, marriage certificates, police certificates, and passport-style photos.
- Affidavit of Support (Form I-864): Your U.S. citizen spouse will need to submit Form I-864, Affidavit of Support, which demonstrates their ability to financially support you once you’re in the U.S.
- Attend Visa Interview: The NVC will schedule an immigrant visa interview at the U.S. embassy or consulate in your country. You will need to attend this interview. Prepare to provide any additional requested documents and undergo a medical examination.
- Visa Interview: Attend the visa interview at the U.S. embassy or consulate. The consular officer will review your application, documents, and eligibility. If approved, you will receive an immigrant visa packet.
- Travel to the U.S.: Once you receive your immigrant visa, you can travel to the United States. A U.S. Customs and Border Protection (CBP) officer at the port of entry will inspect your visa and determine your eligibility to enter the country.
- Obtain Lawful Permanent Resident Status (Green Card): After entering the U.S., you will be admitted as a lawful permanent resident. A green card will be mailed to your U.S. address, serving as proof of your permanent resident status.
It’s important to note that immigration processes can change, and there might be specific requirements based on your situation. Always consult official U.S. government sources, such as the U.S. Department of State and U.S. embassy or consulate websites, for the most accurate and up-to-date information on the spousal visa application process. If you’re uncertain about any step, consider seeking legal advice or assistance.
How long does it take to obtain a spousal visa if the beneficiary lives abroad?
The processing time for obtaining a spousal visa when the beneficiary lives abroad can vary widely based on a range of factors, including the U.S. citizen or green card holder petitioner’s location, the beneficiary’s country of residence, the complexity of the case, and the current workload of U.S. government agencies involved in the immigration process. Here’s a general overview of the timeframes you might expect:
- Form I-130 Processing Time: The processing time for Form I-130, Petition for Alien Relative, can vary. On average, it might take several months to a year or more for USCIS to process and approve the I-130 petition.
- National Visa Center (NVC) Processing Time: After USCIS approves the I-130 petition, the case is transferred to the NVC. The NVC processes the case, collects fees and documentation, and schedules the visa interview at the U.S. embassy or consulate in the beneficiary’s country. NVC processing can take several months.
- Visa Interview Appointment: Once the NVC completes processing, the beneficiary will be scheduled for a visa interview at the U.S. embassy or consulate. The wait time for an interview appointment can vary by location and can range from a few weeks to several months.
- Visa Processing Time: After the visa interview, the consular officer will determine whether the beneficiary is eligible for the visa. If approved, the visa will be issued, and the beneficiary will be able to travel to the United States. This step usually takes a few weeks, but it can vary.
- Travel and Entry to the U.S.: After receiving the visa, the beneficiary can travel to the United States. The entry process at the port of entry (airport, border crossing) typically takes a few hours or less.
It’s important to note that these are general timeframes, and actual processing times can differ significantly based on individual circumstances and external factors. Additionally, processing times can change over time due to shifts in government policies, workload changes, and unforeseen events (such as the COVID-19 pandemic), which can impact immigration operations.
To get a more accurate estimate of current processing times, it’s recommended to check the official U.S. government websites, such as the U.S. Department of State’s Visa Bulletin and the USCIS processing time page. Also, consider monitoring the U.S. embassy or consulate website in the beneficiary’s country for any updates or announcements related to visa processing. If you’re concerned about timing, you might also consult with an immigration attorney or legal expert for guidance tailored to your specific situation.
