How can spouses of US citizens living abroad apply for immigrant visas?
The process for spouses of U.S. citizens living abroad to apply for an immigrant visa typically involves the following steps:
- Petitioning for a Spouse Visa: The U.S. citizen spouse must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between the U.S. citizen and the foreign spouse and serves as the first step in the visa application process.
- Wait for I-130 Approval: After USCIS receives and processes the Form I-130, they will notify the petitioner of their decision. If approved, the petition will be forwarded to the National Visa Center (NVC).
- Choice of Consular Processing: The NVC will contact the U.S. citizen petitioner and provide instructions for further processing. The petitioner can choose between consular processing or adjustment of status. Since the spouse is living abroad, consular processing is typically the appropriate choice.
- Affidavit of Support and Supporting Documents: The U.S. citizen petitioner must submit an Affidavit of Support (Form I-864) to demonstrate that they can financially support the intending immigrant spouse. The U.S. citizen will also need to gather additional required documents such as civil documents (e.g., marriage certificate) and forms for the spouse.
- DS-260 Visa Application: The intending immigrant (spouse) will need to complete the online DS-260 form, which is the Immigrant Visa Electronic Application, and pay the necessary visa application fees.
- Medical Examination: The intending immigrant will be required to undergo a medical examination by a designated panel physician to ensure they meet the health requirements for immigration.
- Interview at U.S. Embassy or Consulate: Once all the required documentation is collected and the medical examination is completed, the intending immigrant will attend an interview at the U.S. embassy or consulate in their home country.
- Immigrant Visa Issuance: If the consular officer approves the visa application, the immigrant visa will be issued. The intending immigrant will receive the visa packet and further instructions on traveling to the United States.
- Entering the United States: With the immigrant visa, the spouse can travel to the United States and become a lawful permanent resident (green card holder).
It’s important to note that immigration processes can be complex and may be subject to change. Therefore, it is advisable to consult the official website of the U.S. Department of State or seek legal counsel to ensure you have the most up-to-date information and guidance for your specific situation.
What documents are required for a spouse of a US citizen living abroad to apply for an immigrant visa?
The documents required for a spouse of a U.S. citizen living abroad to apply for an immigrant visa (CR-1 or IR-1) through consular processing typically include the following:
- Form I-130 Approval Notice: A copy of the Form I-130, Petition for Alien Relative, approval notice from U.S. Citizenship and Immigration Services (USCIS).
- Civil Documents:
- A valid passport for the foreign spouse.
- A copy of the U.S. citizen spouse’s birth certificate or naturalization certificate to establish the U.S. citizenship of the petitioner.
- A copy of the marriage certificate to establish the marital relationship between the U.S. citizen and the foreign spouse. If the marriage certificate is not in English, a certified translation may be required.
- Proof of the termination of any previous marriages for both the U.S. citizen and the foreign spouse, such as divorce or death certificates.
- Form DS-260 Confirmation Page: The Immigrant Visa Electronic Application (DS-260) confirmation page, which is completed and submitted online by the intending immigrant (the foreign spouse).
- Affidavit of Support (Form I-864): The U.S. citizen petitioner must submit an Affidavit of Support to demonstrate that they have the financial means to support the intending immigrant spouse.
- Financial Evidence of the U.S. Citizen Sponsor: This may include tax returns, employment verification, bank statements, and any other evidence of financial stability.
- Police Clearance Certificate: The foreign spouse may be required to obtain a police clearance certificate from the country or countries they have resided in for a certain period of time, to prove they have not committed any serious crimes.
- Medical Examination Results: The foreign spouse will need to undergo a medical examination by a designated panel physician to ensure they meet the health requirements for immigration.
- Passport-sized Photos: The foreign spouse should provide passport-sized photos that meet the U.S. visa photo requirements.
- Visa Application Fees: Payment of the required visa application fees.
Please note that specific document requirements may vary depending on the U.S. embassy or consulate where the interview will take place and the country of residence of the foreign spouse. It is essential to check the website of the U.S. embassy or consulate in the foreign spouse’s country for the most up-to-date and specific document requirements for the immigrant visa application process. Additionally, the U.S. Department of State’s website can be a helpful resource for further information on the consular processing requirements.
How long does it take to obtain an immigrant visa for a spouse of US citizen living abroad?
The processing time for obtaining an immigrant visa for a spouse of a U.S. citizen living abroad can vary depending on various factors. As of my last update in September 2021, the typical timeline could be broken down into several stages:
- Form I-130 Processing: The processing time for the Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse with U.S. Citizenship and Immigration Services (USCIS), can take several months. The processing time may vary depending on the USCIS workload and the service center handling the petition.
- National Visa Center (NVC) Processing: After the I-130 petition is approved, it is forwarded to the National Visa Center (NVC) for further processing. The NVC will conduct background checks and request the necessary documents from the U.S. citizen petitioner and the foreign spouse. This stage can take a few weeks to a few months, depending on how quickly the required documents are submitted.
- Consular Processing and Interview Scheduling: Once the NVC has received all the necessary documents, they will schedule an interview appointment for the foreign spouse at the U.S. embassy or consulate in their home country. The wait time for the interview appointment can vary depending on the embassy or consulate’s workload and processing times.
- Visa Interview and Visa Issuance: The actual visa interview at the U.S. embassy or consulate typically takes place during this stage. If the consular officer approves the visa application, the immigrant visa will be issued. The foreign spouse will receive the visa packet and instructions on how to proceed.
Overall, the entire process can take anywhere from several months to a year or more, depending on individual circumstances, the workload of USCIS and NVC, and the specific embassy or consulate where the interview takes place. Delays may also occur if additional documentation or administrative processing is required.
It’s important to note that processing times are subject to change, and it’s advisable to check the USCIS and U.S. Department of State websites for the most current processing time estimates. Additionally, contacting the U.S. embassy or consulate where the interview will take place can provide more specific and up-to-date information on processing times for immigrant visas.