The United States offers various spouse visas for U.S. citizens and U.S. permanent residents (Green Card holders) to bring their foreign-national spouses to the United States. These visas are commonly referred to as "Family-Based Visas" and include the following categories:
Immediate Relative (IR) Visas:
- IR-1 Visa: This is for spouses of U.S. citizens. It allows the foreign spouse to enter the U.S. as a lawful permanent resident (Green Card holder).
- IR-2 Visa: This is for unmarried children under 21 years old of U.S. citizens.
- IR-3 Visa: This is for orphans adopted abroad by U.S. citizens.
- IR-4 Visa: This is for orphans to be adopted in the U.S. by U.S. citizens.
Family Preference (F) Visas:
These visas are for relatives of U.S. citizens and Green Card holders but have longer waiting periods compared to IR visas.
- F2A Visa: This is for spouses and unmarried children (under 21) of U.S. permanent residents.
- F3 Visa: This is for married children of U.S. citizens and their spouses and children.
- F4 Visa: This is for siblings of U.S. citizens and their spouses and children.
Here is a general overview of the process for obtaining a U.S. Spouse Visa:
For U.S. Citizens (IR-1 Visa):
- Petition: The U.S. citizen spouse must file a Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship.
- Approval: Once the I-130 petition is approved, it is sent to the National Visa Center (NVC), and the case is assigned a case number. The NVC handles the processing until the visa interview stage.
- Visa Application: The foreign spouse completes a visa application (Form DS-260) and pays the necessary fees. They also undergo a medical examination and obtain required vaccinations.
- Affidavit of Support: The U.S. citizen spouse must submit an Affidavit of Support (Form I-864) to demonstrate that they can financially support the foreign spouse.
- Interview: The foreign spouse attends an interview at the U.S. embassy or consulate in their home country.
- Visa Issuance: If approved, the U.S. spouse visa is issued, allowing the foreign spouse to travel to the U.S.
- Arrival in the U.S.: After arrival in the U.S., the foreign spouse is admitted as a lawful permanent resident and receives a Green Card.
For U.S. Permanent Residents (F2A Visa):
The process is similar to that for U.S. citizens, but the wait times can be longer due to visa number limits. The U.S. permanent resident spouse files the Form I-130, and the foreign spouse waits until a visa number becomes available in the Family Preference category.
It's important to note that immigration laws and procedures can change, and processing times may vary. Therefore, it's advisable to consult the official website of U.S. Citizenship and Immigration Services (USCIS) or seek advice from an immigration attorney for the most up-to-date information and guidance on obtaining a U.S. Spouse Visa.
