What is the Spouse Visa?

The spouse visa, also known as a marriage-based Green Card, is a pathway for foreign spouses of U.S. citizens to obtain lawful permanent residency in the United States.

There are two primary options for the spouse visa:

• IR-1 Visa (Immigrant Visa for Spouse): For spouses of U.S. citizens, typically used when the foreign spouse resides outside the U.S.
• Adjustment of Status (AOS): For spouses already in the U.S., allowing them to apply for a Green Card without leaving the country.

Eligibility Criteria for the Spouse Visa

To qualify for a spouse visa, you must meet the following requirements:

• Valid Marriage: The marriage must be legally recognized in the country where it occurred.
• Genuine Relationship: Evidence must prove the marriage is not solely for immigration benefits.
• Sponsor’s Status: The petitioner must be a U.S. citizen.
• Financial Stability: The U.S. citizen sponsor must meet minimum income requirements to support the spouse.

Benefits of the Spouse Visa

• Permanent Residency: Live, work, and study in the U.S. as a Green Card holder.
• Path to Citizenship: Spouses can apply for naturalization after three years of permanent residency if married to a U.S. citizen.
• Family Reunification: Build a life together without immigration barriers.

Step-by-Step Guide to the Spouse Visa Process

1. File Form I-130 (Petition for Alien Relative): The U.S. citizen spouse submits Form I-130 to U.S. Citizenship and Immigration Services (USCIS) to establish the qualifying relationship.
   • Proof of U.S. citizenship (e.g., passport, naturalization certificate).
   • Marriage certificate.
   • Evidence of a bona fide marriage (e.g., joint bank accounts, lease agreements, photographs).
2. Wait for USCIS Approval: Once USCIS approves the I-130 petition, the case is forwarded to the National Visa Center (NVC) for processing if the foreign spouse is outside the U.S.
3. Apply for an Immigrant Visa or Adjustment of Status:
   • For Spouses Abroad: Complete DS-260 (Immigrant Visa Application) and attend an interview at the U.S. Embassy or Consulate.
   • For Spouses in the U.S.: File Form I-485 (Application to Register Permanent Residence) for Adjustment of Status.
4. Complete the Medical Examination: Undergo a medical exam with a USCIS-approved physician and submit the results as part of the application.
5. Attend the Interview: During the interview, the immigration officer verifies the relationship and assesses the application’s validity. Be prepared to answer questions about your marriage, daily life, and plans in the U.S.
6. Receive the Visa or Green Card: Upon approval, the foreign spouse either receives their immigrant visa for entry into the U.S. or their Green Card if applying through Adjustment of Status.

Common Challenges with the Spouse Visa Application

1. Proving a Genuine Marriage: Applications require extensive evidence to prove the relationship is legitimate. USCIS may request additional evidence or conduct interviews to confirm the marriage’s authenticity.
2. Meeting Financial Sponsorship Requirements: The sponsor must demonstrate they meet minimum income levels to support the spouse. Filing Form I-864 (Affidavit of Support) is mandatory.
3. Addressing Prior Immigration Issues: Cases involving previous visa overstays, criminal records, or inadmissibility can complicate the process.

How Larhdel Law Can Help You Succeed

• Evidence Preparation: Assisting in compiling strong documentation to prove the legitimacy of your marriage.
• Financial Sponsorship Guidance: Helping sponsors meet income requirements or find joint sponsors.
• Interview Preparation: Coaching applicants to confidently answer questions during the Green Card interview.
• Overcoming Challenges: Addressing any legal or procedural issues that arise during the application process.

Contact us at 310 943 6352 to ensure a smooth and successful spouse visa application.

Real-Life Success Stories

• Case 1: Proving a Long-Distance Marriage: A U.S. citizen petitioned for their spouse living abroad. Despite limited time together due to work commitments, we helped them compile evidence of their ongoing communication and relationship, securing approval.
• Case 2: Addressing Income Requirements: An applicant struggled to meet the income threshold for sponsorship. We identified a joint sponsor, allowing the couple to move forward without delays.
• Case 3: Overcoming Prior Immigration Issues: A spouse with a previous visa overstay needed a waiver to proceed with their application. Our team navigated the complex waiver process, ensuring approval.