Who is eligible for spousal visas in the U.S.?
Spousal visas in the U.S. are available to certain foreign nationals who are married to U.S. citizens or lawful permanent residents. The two primary types of spousal visas are the CR-1 (Conditional Resident) visa and the IR-1 (Immediate Relative) visa. The eligibility criteria differ based on the visa type and the immigration status of the U.S. petitioner. Here’s an overview of the eligibility requirements:
- CR-1 Visa (Conditional Resident Visa):
- The CR-1 visa is intended for spouses of U.S. citizens who have been married for less than two years at the time of the visa application.
- The U.S. citizen spouse must file a Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) to establish the qualifying relationship.
- Both the U.S. citizen petitioner and the foreign spouse must demonstrate that the marriage is bona fide (genuine) and not solely for immigration purposes.
- If the CR-1 visa is approved, the foreign spouse will enter the U.S. as a conditional permanent resident, and the condition must be removed by filing a joint petition to remove conditions within the 90-day period before the expiration of the two-year anniversary of the foreign spouse’s entry into the U.S.
- IR-1 Visa (Immediate Relative Visa):
- The IR-1 visa is intended for spouses of U.S. citizens who have been married for more than two years at the time of the visa application.
- The U.S. citizen spouse must file a Form I-130, Petition for Alien Relative, with USCIS to establish the qualifying relationship.
- Both the U.S. citizen petitioner and the foreign spouse must demonstrate that the marriage is bona fide (genuine) and not solely for immigration purposes.
- If the IR-1 visa is approved, the foreign spouse will enter the U.S. as a lawful permanent resident (green card holder) and receive a 10-year green card.
General eligibility requirements for both CR-1 and IR-1 visas include:
- The marriage between the U.S. citizen petitioner and the foreign spouse must be legally valid in the jurisdiction where it took place and recognized as valid under U.S. immigration law.
- Both parties must be legally free to marry (not married to anyone else).
- The intending immigrant (foreign spouse) must not be inadmissible to the U.S. for various reasons, such as criminal history or health-related grounds.
It’s important to note that immigration laws and requirements may change over time, so it’s advisable to check the official U.S. government websites, such as the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State, for the most up-to-date information on spousal visa eligibility. Additionally, consulting an immigration attorney or accredited representative can provide personalized guidance based on your specific circumstances.
How long does it take to obtain a spousal visa if I am married to a US citizen and live abroad?
The processing time for obtaining a spousal visa (CR-1 or IR-1) if you are married to a U.S. citizen and live abroad can vary depending on individual circumstances and the current processing times of the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State.
Generally, the timeline for obtaining a spousal visa through consular processing (for spouses living abroad) involves the following stages:
- Form I-130 Processing: The U.S. citizen spouse files Form I-130, Petition for Alien Relative, with USCIS to establish the qualifying relationship between you and your spouse. The processing time for Form I-130 can vary and may take several months.
- National Visa Center (NVC) Processing: After USCIS approves the Form I-130, the petition will be forwarded to the National Visa Center (NVC). The NVC will process the case and request the necessary documentation and fees from your U.S. citizen spouse. This stage may take several weeks to a few months, depending on the NVC’s workload.
- Consular Processing and Visa Interview: Once the NVC has received all the required documents and fees, they will schedule an interview appointment for you at the U.S. embassy or consulate in your home country. The wait time for the interview appointment can vary depending on the embassy or consulate’s workload.
- Visa Issuance and Travel: If the consular officer approves your visa application, you will receive an immigrant visa, which allows you to travel to the United States. After entering the United States on the immigrant visa, you will become a lawful permanent resident (green card holder).
Overall, the entire process can take anywhere from several months to a year or more, depending on various factors such as USCIS processing times, NVC processing times, and the scheduling of the visa interview at the U.S. embassy or consulate.
Please keep in mind that processing times are subject to change and can be affected by factors beyond your control. To get the most accurate and up-to-date information on current processing times, it is advisable to visit the official websites of USCIS and the U.S. Department of State, or check with the U.S. embassy or consulate in your home country where the visa interview will take place.
Can I travel to the US while my spousal visa is pending?
If you have a pending spousal visa application (CR-1 or IR-1) through consular processing, you generally cannot travel to the United States until your visa is approved and you receive your immigrant visa. Here’s why:
- Nonimmigrant vs. Immigrant Visa: When you have a pending immigrant visa application, you are seeking to become a permanent resident (immigrant) in the U.S. An immigrant visa allows you to enter the U.S. with the intention of living there permanently. On the other hand, a nonimmigrant visa, such as a tourist visa (B-2 visa), is intended for temporary visits, such as tourism, business, or visiting family.
- Intent to Immigrate: When you apply for a nonimmigrant visa (like a tourist visa), you must demonstrate nonimmigrant intent, meaning you have a temporary purpose for visiting the U.S., and you intend to return to your home country after your authorized stay. Having a pending immigrant visa application can indicate immigrant intent, which is inconsistent with the requirements of a nonimmigrant visa.
- Risk of Visa Denial: If you apply for a nonimmigrant visa while you have a pending immigrant visa application, the consular officer may be concerned that you have immigrant intent and may deny the nonimmigrant visa application.
- Consular Processing Requirement: If you have chosen to pursue a spousal visa through consular processing, you are required to attend the visa interview at the U.S. embassy or consulate in your home country. Traveling to the U.S. while the visa is pending would mean missing the interview, which is a crucial step in the process.
- Adjustment of Status Alternative: If you are already in the U.S. and married to a U.S. citizen, you may have the option to apply for adjustment of status to become a lawful permanent resident without leaving the U.S. This process is different from consular processing and allows you to remain in the U.S. while your application is pending.
It’s important to carefully consider your immigration strategy and consult with an immigration attorney or accredited representative to determine the best course of action based on your individual circumstances. If you need to travel while your spousal visa is pending, it’s advisable to wait until you have received your immigrant visa and completed the consular processing before traveling to the U.S. as a lawful permanent resident.
