Call us to schedule an initial case evaluation: 866-868-1596

The process of procuring a spousal visa

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.

Picture of Dr. Jae Francis Lee

Dr. Jae Francis Lee

Dr. Jae Francis Lee is the Principal Attorney at Francis Law Center, an immigration law firm with offices in Downtown Chicago, Schaumburg and Madison, serving clients in all 50 states. His practice covers family- and marriage-based immigration, business immigration, humanitarian protection and removal defense.

A first-generation immigrant, Dr. Lee taught U.S. History at the University of Wisconsin for 22 years before practicing law. He holds a Ph.D. in History from New York University and a J.D. from the University of Wisconsin Law School. Many clients know him as Attorney Jae Francis from the firm's YouTube channel.

Picture of Dr. Jae Francis Lee

Dr. Jae Francis Lee

Dr. Jae Francis Lee is the Principal Attorney at Francis Law Center, an immigration law firm with offices in Downtown Chicago, Schaumburg and Madison, serving clients in all 50 states. His practice covers family- and marriage-based immigration, business immigration, humanitarian protection and removal defense.

A first-generation immigrant, Dr. Lee taught U.S. History at the University of Wisconsin for 22 years before practicing law. He holds a Ph.D. in History from New York University and a J.D. from the University of Wisconsin Law School. Many clients know him as Attorney Jae Francis from the firm's YouTube channel.

Francis Law Center - Immigration Law
Archives
Categories
Client Testimonials
Immigration Law Firm

Read all of our client's reviews