Spouse Visa USA: Everything You Need to Know

Marriage to a U.S. citizen or lawful permanent resident is required before qualifying for a visa based on your marriage.

Spouses in the United States are defined as legally married to a citizen or permanent resident, regardless of whether they are heterosexual or same-sex. During the immigrant visa interview, the following explanations clarify what a spouse is and is not:

• Under immigration law, living together does not constitute marriage.

• Common-law spouses may be eligible for a marriage visa based on the laws of the nation where the marriage occurred. This will depend on whether or not the country recognizes common-law marriages.

• Common-law marriages occur when a couple mutually agrees to marry without first undergoing the formalities of a religious or legal wedding.

• Marriage visas are only available to the first spouse in polygamous marriages.

• The spouse of a U.S. citizen must have sustained employment above the visa processing minimum.

• The U.S. citizen must also be 18 years old at the time of application.

The visa process for a foreign spouse depends on the case’s specifics. Generally speaking, the process is grouped into two categories depending on the location of both spouses.

Sponsor Spouse Living Outside the U.S.

If you reside outside the United States and want to bring your foreign spouse to the United States, you must file an immigrant visa petition for alien relative, Form I-130. You can submit this form to your local U.S. Citizenship and Immigration Services (USCIS) office or the U.S. embassy in the beneficiary spouse’s country.

Once the National Visa Center (NVC) accepts the visa application, the spouse beneficiary will receive a letter requesting biographical information and a signature from the NVC.

Once the forms have been completed, the spouse must send them to the U.S. embassy or consulate in the United States. In about six months, the consulate will call the foreign national spouse and issue them an immigrant visa after receiving the completed forms from the spouse.

Spouses Already Living in the U.S.

For spouses already residing in the U.S., the visa application process starts with the U.S. citizen submitting a Form I-130 petition.

The U.S. citizen spouse will submit the petition to the appropriate USCIS office to prove that the marriage is genuine. USCIS requires that the beneficiary spouse submit Form I-485 (petition to adjust status) after the I-130 petition has been approved.

Required Documents

The beneficiary spouse will be required to submit the following supporting documents along with their application:

• Passport(s) valid for six months after arrival in the U.S.

• Petitioner/U.S. sponsor’s Support Affidavit (I-864, I-864A, I-864EZ, or I-864W).

• Immigrant Visa and Alien Registration Form DS-260.

• DS-260 sample (6.4MB).

• Two (2) 2×2 passport-style photos

• Original civil documents such as birth certificate, marriage certificate, divorce decree from any previous marriages, immigration visa applications

• Medical Forms

In most spouse visa situations, the procedure takes less than a year. The timeline for obtaining a spouse visa might differ for each situation.

Processing timeframes for form I-130 vary depending on the visa category, whether immediate relative or family preference.

The workload at the location where your paperwork is handled and the degree to which you have prepared the petition are two more variables that might impact the total processing time.

How Immigration Lawyers Can Help

Technically speaking, immigration attorneys are not required for spouse visa processing. However, having an experienced Atlanta family immigration lawyer from a reputable law firm can help your application.

For a successful and straightforward immigration process, you may consider hiring an immigration attorney to help you put your papers together and prepare you for interviews. Turn to trusted professionals to ensure you save time and money.

Contact a Vietnamese immigration lawyer immediately.