Applying For A Spouse Visa: What To Expect

Applying For A Spouse Visa: What To ExpectLove knows no boundaries. You may fall in love with someone while visiting another country. Or maybe you meet someone online and they live on the other side of the world. If you decide to get married, you will need to follow certain processes to allow your spouse to come to the United States legally.

You will need a spouse visa, also known as a K-3 visa. This visa allows the spouse of a U.S. citizen to enter the country and live together while waiting for their green card application to be processed.

Qualifying for a Spouse Visa

There are a number of guidelines that must be met. They include:

  • Legal marriage. You must be legally married to a U.S. citizen. This means that the marriage must be recognized as valid based on where the wedding took place.
  • Legitimacy. The spouse who is an American citizen will need to file a Form I-130 (Petition for Alien Relative) and provide evidence of the marriage, such as a marriage certificate, joint bank account, lease/mortgage, insurance policies, tax returns, or other documents.
  • Financial requirements. The American citizen spouse must prove that they can financially support the immigrant spouse. They must submit Form I-864 (Affidavit of Support), showing that they have an income of at least 125% above the poverty level.
  • Clearances. Both spouses will need to undergo medical clearances, while the immigrant spouse must clear security and background checks.

If you need help with an immigration matter, it can be overwhelming, and be hard to even know where to start looking for help or what options are available. Our attorneys at HAWM Law are ready, experienced and committed to helping immigrants at any stage of the US immigration process. You do not have to struggle through this process alone.

Applying for a Spouse Visa

To apply for a spouse visa, the applicant must gather all the required documents, including proof of marriage, proof of financial support, and proof of the U.S. citizen spouse’s status. The immigrant spouse will need to complete and submit Form I-130. Once it is approved, an interview will be scheduled. A consular officer will assess the qualifications of the immigrant spouse as well as the genuineness of the marriage.

The next step is to wait for approval. The average processing time is three to five weeks but can vary. Once the foreign national spouse has been granted a spouse visa, they can move to the United States and live with their spouse. They will be required to apply for a green card and maintain legal status while living in the United States. Note that the spouse of the U.S. citizen will also be able to work and study once they enter the country with the visa. However, there may be restrictions, as not all employers provide visa sponsorship.

Contact Us Today

Immigrating to the United States can be an exciting adventure, but there are a lot of steps involved in the process. It’s not something that will happen overnight, so be patient.

The experienced Orlando immigration lawyers at HAWM Law are ready, experienced, and committed to helping immigrants at any stage of the immigration process. It is important to have an attorney when it matters. To schedule a consultation, go online or call (407) 802-3223.

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