Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a phone consultation, video conference or in-person meeting is appropriate for your situation.

Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a phone consultation, video conference or in-person meeting is appropriate for your situation.

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The process of procuring a spousal visa

On Behalf of | Dec 20, 2021 | Family Immigration, Spousal Immigrant Visa, Visas |

When a United States citizen or lawful permanent resident marries a foreign national, a process exists to sponsor the foreign national for a visa. The visa would allow the spouse to come to the United States, and, once in the state of Illinois, the spouse could continue to pursue lawful permanent resident status under a family petition.

Petitioning for a spousal visa

The process for procuring a visa for a spouse and petitioning for lawful permanent resident status involves filing specific paperwork. Petitioners/sponsors should expect to submit supporting documentation, as well.

Spouses could file a “Petition for Alien Relative,” which is also known as a “Form I-130.” Other documents might be necessary, including the Affidavit of Support (Form I-864 or I-864EZ). Although there is no age minimum for a U.S. citizen or LPR to sponsor a spouse, the petitioner must be 18 years of age or older and maintain a residence in the United States. The Affidavit of Support establishes that the spouse will not become a “public charge.”

Additional points about spousal visas and petitions

A visa application may run into hurdles, and a spouse might need to meet with a consular officer. And then, the petitioner could make a mistake on the I-130 immigration paperwork submission. Providing a copy of a marriage license instead of a marriage certificate, for example, may result in problematic delays.

Sometimes, the petitioner’s status might change. If a lawful permanent resident filed an I-130 for a spouse and then became a U.S. citizen, the LPR could request an upgrade. U.S. citizens receive “immediate relative” preference status.

Putting together a complete and error-free petition could result in smoother processing. Not only may the petitioner’s spouse receive the visa without delays, but the underlying LPR process could also move forward with fewer issues.

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