or U.S. citizens who wish to be with a spouse coming from another country. That U.S. citizen, along with the spouse, has the option to remain in a foreign country or begin an immigration process and move to a permanent stay in the United States. Family category visas are also granted to immediate family members, such as: spouse, children, parents, and siblings.
• The couple must be legally married.
• One of the spouses must be a U.S. citizen, who has a valid address in the United States and is able to provide financial support to his or her spouse.
• Note: If the spouse does not meet the requirements mentioned above, the spouse will not be eligible to apply for the visa.
The U.S. spouse petitions the foreign citizen with the United States Citizenship and Immigration Services (USCIS).
Once the petition is approved, the foreign spouse must apply to a U.S. embassy or consulate in their home country.
The filing of the petition is done through the I-130 form. This form must be completed by the U.S. spouse and then submitted to USCIS.
After being referred to the Department of Homeland Security (DHS), the U.S. citizen will receive a notification about the status of the process after a few months. Once approved, the petition will be delivered to the National Visa Center (NVC) for review.
If denied, USCIS will state the reasons for the denial that may be used for future reference in a new request.
Conditional Resident Spouse Visa (CR-1)
Immediate Relative Spouse Visa (IR-1)
A couple will need to apply for a Conditional Resident Spouse Visa or CR-1 if they have just been married and the foreign spouse is still in the process of applying for a spouse's Green Card. This visa allows the foreign spouse to move to the United States as an immigrant with a Green Card, subject to the condition of remaining married for at least two years.
On the other hand, if the couple's marriage is in good standing after two years, the foreign spouse can go ahead and upgrade their status to an Immediate Relative Spouse Visa or IR-1 which will give more permanent status and the visa Will be valid for ten years. Only two years, which means that this visa will be valid for more years.
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