I am married to a green card holder and reside abroad. How can I apply for a spousal immigrant visa?
If you’re married to a green card holder and reside abroad, you may be eligible to apply for a spousal immigrant visa to eventually join your spouse in the United States. The process involves several steps, and it’s important to follow them accurately to ensure a successful application. Here’s an overview of the process:
- Petition Filing by the Green Card Holder (Your Spouse):
- Your green card holder spouse (the petitioner) needs to file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship between you and your spouse.
- Your spouse will need to provide proof of their green card status, identity, and your marital relationship (e.g., marriage certificate).
- USCIS Processing of Form I-130:
- After USCIS approves Form I-130, they will notify your spouse with a Notice of Approval (Form I-797).
- Wait for Visa Availability:
- Spouses of green card holders fall under the “Family 2A” preference category for immigrant visas. You will need to wait for an immigrant visa number to become available. The visa bulletin on the U.S. Department of State website indicates when visa numbers are available for different preference categories and countries.
- Consular Processing:
- Once a visa number becomes available, you will need to proceed with consular processing. This involves applying for an immigrant visa at the U.S. embassy or consulate in your home country.
- Follow the instructions provided by the specific embassy/consulate for scheduling an interview and submitting required documents.
- Medical Examination:
- As part of the visa application process, you will need to undergo a medical examination by an approved panel physician.
- Visa Interview:
- Attend the visa interview at the U.S. embassy or consulate. Be prepared to answer questions about your relationship, intentions in the U.S., and other relevant matters.
- Immigrant Visa Issuance:
- If your visa application is approved, you will be issued an immigrant visa in your passport, which allows you to travel to the U.S.
- Travel to the U.S.:
- Once you receive the immigrant visa, you can travel to the U.S. and enter as a lawful permanent resident.
- Receive Your Green Card:
- After your arrival in the U.S., your green card will be mailed to you. This is your official proof of lawful permanent residency.
It’s important to note that processing times and requirements can vary based on individual circumstances and changes in immigration policies. Keep in mind that U.S. immigration laws are complex, and it’s advisable to consult the official USCIS and U.S. Department of State resources, as well as consider seeking assistance from an immigration attorney or accredited immigration service provider to navigate the process successfully.
I am married to a U.S. citizen and reside abroad. What forms do I need to file to move to the U.S. with my spouse?
If you are married to a U.S. citizen and reside abroad, you may be eligible to apply for an immigrant visa to move to the United States and be with your spouse. The process involves several steps and requires the filing of specific forms. Here’s an overview of the process and the forms you’ll likely need to file:
- File Form I-130, Petition for Alien Relative:
- Your U.S. citizen spouse needs to file Form I-130 with U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship between you and your spouse.
- Include evidence of your marriage, such as the marriage certificate, along with the form.
- USCIS Processing of Form I-130:
- After USCIS approves Form I-130, they will notify your spouse with a Notice of Approval (Form I-797).
- National Visa Center (NVC) Processing:
- After USCIS approves Form I-130, the case will be forwarded to the National Visa Center (NVC), which will provide further instructions, including the payment of fees and submission of required documentation.
- File Form DS-260, Immigrant Visa Application:
- Complete Form DS-260, the Online Immigrant Visa Application, which is available through the Consular Electronic Application Center (CEAC) website. This form provides information about yourself, your background, and your intended U.S. address.
- Submit Supporting Documents:
- Provide the required supporting documents, which may include your birth certificate, marriage certificate, police clearances, medical examination results, and financial evidence.
- Attend Immigrant Visa Interview:
- Once your case is ready, you will be scheduled for an immigrant visa interview at the U.S. embassy or consulate in your home country. Prepare to answer questions about your relationship, background, and intentions in the U.S.
- Medical Examination:
- As part of the visa application process, you will need to undergo a medical examination by an approved panel physician.
- Receive Immigrant Visa:
- If your visa application is approved, you will be issued an immigrant visa in your passport, which allows you to travel to the U.S.
- Travel to the U.S.:
- Once you receive the immigrant visa, you can travel to the U.S. and enter as a lawful permanent resident.
- Receive Your Green Card:
- After your arrival in the U.S., your green card will be mailed to you. This is your official proof of lawful permanent residency.
It’s important to note that processing times and requirements can vary based on individual circumstances and changes in immigration policies. Always refer to the official USCIS and U.S. Department of State resources, as well as consider seeking assistance from an immigration attorney or accredited immigration service provider to ensure a smooth and successful immigration process.
How can I prove that my marriage is bona fide for immigration purposes?
Proving that your marriage is bona fide (genuine) is an essential aspect of the immigration process when applying for a marriage-based green card or immigrant visa. Immigration authorities want to ensure that marriages are not entered into solely for immigration benefits. To establish the authenticity of your marriage, you’ll need to provide substantial evidence that demonstrates the genuine nature of your relationship. Here are some tips on how to prove the bona fide nature of your marriage for immigration purposes:
- Provide Documentation of Shared Life:
- Gather documents that show joint financial responsibilities, such as joint bank accounts, shared leases or mortgages, and joint utility bills.
- Include evidence of joint ownership or co-ownership of assets like property, vehicles, or major purchases.
- Show Joint Household:
- Provide proof that you live together. This can include lease agreements, rental receipts, or mortgage statements that list both spouses’ names and the address.
- Submit correspondence addressed to both spouses at the same address.
- Demonstrate Relationship History:
- Include photographs of you and your spouse together at various stages of your relationship.
- Provide evidence of trips you’ve taken together, whether domestically or internationally.
- Prove Emotional and Social Bond:
- Collect affidavits from friends, family members, and acquaintances who can attest to the authenticity of your relationship.
- Include letters or emails exchanged between you and your spouse that demonstrate your emotional connection.
- Communications:
- Submit copies of emails, texts, and chat logs that show ongoing communication between you and your spouse.
- Include screenshots of video calls or messages exchanged on social media platforms.
- Affidavit of Bona Fide Marriage:
- Prepare a joint affidavit that describes your relationship history, how you met, and your plans for the future together. Both spouses should sign this document.
- Show Mutual Concern for Each Other:
- Provide documentation of joint health insurance, beneficiary designations, or any instances where you’ve made legal arrangements for each other’s welfare.
- Document Celebrations and Milestones:
- Include records of events you’ve celebrated together, such as birthdays, anniversaries, holidays, and other special occasions.
- Show Interaction with Each Other’s Families:
- Submit documentation of meetings with each other’s families, such as photos or invitations to family events.
- Be Prepared for Interviews:
- During the immigration process, both you and your spouse might be interviewed separately to assess the genuineness of your marriage. Be honest and consistent in your responses.
Remember that quality matters more than quantity when it comes to evidence. Choose documents that paint a clear picture of your relationship, from its inception to the present day. Organize your evidence in a logical manner, and consider providing a table of contents to make it easier for immigration officers to review. If you’re uncertain about the evidence you need to provide, consider seeking advice from an immigration attorney who can guide you through the process.