Brief Guide to Obtaining Immigration Status through your U.S. Citizen or U.S. Lawful Permanent Resident Spouse

How do I File for a Spousal Immigrant Visa?

Step 1: File Petition with USCIS

The first step in this process is to submit Form I-130 and supporting documents to the U.S. Citizenship and Immigration Services (USCIS). The main purpose of this form is to collect basic biographic information and prove that a valid relationship exists between the petitioner and foreign national spouse.

Most importantly, the accuracy of the information contained in the forms and supporting documents affects the time it takes to process the case and the approval rate.  Complete, well-organized petitions are likely to be approved faster. If something is missing from your application, the filing may be rejected.  If not rejected, USCIS may issue what is called a “Request for Evidence” which requires you to submit the correct supporting documents so that the case will not be denied.  Again, it is very important to submit a complete petition from the get-go.

Filing the I-130 petition and supporting documents is the first step in the process.  An approved I-130 does not necessarily guarantee the immigrant visa will be issued; it just opens the door to the next step.

Step 2: Submit Required Documents to the National Visa Center (NVC):

When the I-130 petition is approved by USCIS, your case will be transferred to the National Visa Center (NVC). The NVC is in charge of ensuring that all cases are “documentarily complete” so that an interview may be scheduled with a U.S. consular officer abroad. Once an NVC case number is assigned, the foreign spouse must submit form DS-260 online. Then, specific civil documents must be uploaded to the system. Finally, the U.S. citizen or LPR spouse must sign and upload form I-864, Affidavit of Support, and the required identification and tax documents. The petitioner must prove they make enough money to sponsor the foreign national spouse. If they do not make enough money, they must find a joint sponsor.

Note: if the foreign national spouse is in the United States with no status, or their status is expired, it is detrimental that a waiver is filed and approved by USCIS BEFORE leaving the United States and continuing with step 3 below.  Otherwise, that individual is at risk of having their case denied by the consular officer and being barred from returning to the United States. 

Step 3: Consular Process; the Immigrant Visa

The final step in this process is an in-person interview with a U.S. Consulate or Embassy abroad. Prior to the interview, the foreign national spouse must register for the interview, complete biometrics (fingerprints), and a medical exam, and designate a location to pick up the passport containing the visa once the visa is approved.  On the day of the interview, only the foreign national spouse will attend this interview. The interviewing officer’s main goal is to evaluate the legitimacy of the marriage and evaluate whether the foreign national spouse is inadmissible (i.e. committed any prior immigration and/or criminal law violations). The officer will ask questions that cover everything from the couple’s relationship to the foreign national spouse’s work and education history.   Upon approval, the foreign spouse will be issued a visa and upon entry into the United States, receive status as a U.S. LPR.  If the marriage is fewer than two years old on the date lawful permanent resident status is granted, the person will be a Conditional Resident for two years.