Get the Assistance You Need for Your Spousal Immigrant Visa Case
A U.S. Citizen or lawful U.S. Permanent Resident may petition for a visa for his or her spouse, whether that spouse is in the United States or overseas. If the foreign spouse lives overseas, the U.S. Citizen or lawful U.S. Permanent Resident spouse may file a CR1 spousal immigrant visa petition for the foreign spouse.
Am I Eligible to Petition for a CR1 Spousal Immigrant Visa?
In order to file a CR1 spousal immigrant visa petition, the following requirements must be met:
- There is a legal marriage (from any country) with the U.S. Citizen or lawful U.S. permanent resident; and
- Neither spouse is married to someone else at the same time. This means that any divorce must be completely finalized.
But that’s not all. Eligibility for a green card through marriage hinges on other factors such as the bona fides of the marriage, other grounds for inadmissibility, histories of previous marriages, and even the use of prior nonimmigrant visas.
The U.S. Citizenship and Immigration Services (USCIS) Process:
The first step in this process is to submit an I-130 petition to U.S. Citizenship and Immigration Services (USCIS). The main purpose of this form, along with supporting documents, is to prove that a valid marriage exists and provide the required biographic information.
It is also important to note that the quality of information contained in the forms and supporting documents will affect the processing time and approval of your case. Complete, well-organized petitions are likely to be approved more quickly. Further, the current administration has reversed a previous policy that required that the government ask for missing evidence; USCIS may now simply deny a petition that is incomplete without offering you a chance to fix the problem. Again, it is very important to have a complete and detailed petition.
The National Visa Center (NVC) Process:
When the I-130 petition is approved by USCIS, your case will be transferred to the National Visa Center (NVC). The NVC is a U.S. State Department facility that runs background checks before sending your petition to the foreign embassy or consulate. Once an NVC case number is assigned, the foreign spouse must submit a DS-260 application and civil documents, and the U.S. Citizen or lawful U.S. Permanent Resident must submit form I-864 (Affidavit of Support) and financial documents to NVC.
The U.S. Consular Process:
The final step in this process is an in-person interview with a U.S. Consulate or Embassy overseas. Only the foreign spouse will attend this interview. The interviewing officer’s main goal is to evaluate whether the marriage is legitimate, and the foreign spouse committed any immigration or/and criminal law violations. The officer will ask questions that cover everything from the couple’s relationship history, as well as their lives and plans together. Upon approval, the foreign spouse will come to the United States with a spousal immigrant visa (CR1).
What Is Next?
If the foreign spouse has been married for less than two years when the CR1 immigrant visa is issued, the foreign spouse will receive a “conditional green card” or a “conditional permanent residency.” The foreign spouse needs to remove this two-year conditional resident status via a 751 process and must apply for such approval before the end of the two-year period.
What Can We Do for You?
Based out of Schaumburg, IL, with additional offices in Chicago, IL, and Madison, WI, our firm is committed to serving the immigration needs of clients throughout the world. Our clients include people coming to the United States from India, Mexico, China, Serbia, the Philippines, Nigeria, and around the world.
Francis Law Center is committed to practicing immigration law; in fact, it is the only kind of law we practice. Attorney Jae Francis Lee brings experience as a professional working as a Professor of U.S. History at the University of Wisconsin and holds a Ph.D. from New York University. He understands the importance of in-depth research and meticulous documentation required for a successful marriage-based green card case. Your mind will rest easier knowing that we are working on your behalf for your successful spousal green card case.
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