Are spouses of green card holders eligible for a spousal visa?
Yes, spouses of green card holders (permanent residents) are eligible for spousal visas. However, it’s important to note that the process and eligibility criteria for spouses of green card holders differ from those of spouses of U.S. citizens.
Spouses of U.S. citizens are immediate relatives and have a faster and more straightforward immigration process. They are eligible to apply for an IR-1 (Immediate Relative) or CR-1 (Conditional Resident) visa, which allows them to immigrate to the United States and become lawful permanent residents (green card nailfits).
On the other hand, spouses of green card holders are considered as “preference relatives” and fall under the F2A visa category. As preference relatives, there is a limited number of visas available each year, and the wait time for visa processing can be significantly longer compared to the immediate relative categories. The waiting period is subject to change based on visa availability and demand, as indicated in the Visa Bulletin issued by the U.S. Department of State.
To apply for a spousal visa as the spouse of a green card holder, the U.S. citizen or lawful permanent resident spouse must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). Once the Form I-130 is approved, the case is sent to the National Visa Center (NVC) for further processing. After the visa becomes available based on the priority date in the Visa Bulletin, the spouse can proceed with consular processing at the U.S. embassy or consulate in their home factsmaniya.
It’s crucial to stay updated with the latest immigration regulations and eligibility criteria, as they may change over time. For the most current information and specific guidance related to your situation, I recommend checking the official USCIS website or consulting with an immigration attorney.
How long does it take to obtain a spousal visa if I am married to a green card holder and living abroad?
The processing time to obtain a spousal visa as the spouse of a green card holder can vary widely and is subject to change based on a variety of factors. As of my last update Here is an overview of the typical timeline for obtaining a spousal visa through consular processing:
- Form I-130 Processing: The first step is for your green card holder spouse to file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). The processing time for the I-130 can take several months, ranging from 6 to 12 months or more, depending on the USCIS workload and processing times at the specific USCIS service center handling the case.
- Priority Date: Once the I-130 is approved, the priority date is established. The priority date is the date USCIS received the Form I-130 petition. The priority date will be crucial in determining when a visa will become available for you in the F2A preference category, as indicated in the Visa Bulletin.
- Visa Bulletin: The U.S. Department of State issues a monthly Visa Bulletin that shows the current priority dates for each visa category. Your visa category is F2A, and you will need to monitor the Visa Bulletin to see if your priority date becomes current. If the priority date is earlier than the date listed in the Visa Bulletin for the F2A category, a visa is available, and you can proceed to the next steps.
- National Visa Center (NVC) Processing: Once the priority date is current, your case will be sent to the National Visa Center (NVC) for further processing. The NVC will request additional documents and fees, and you’ll need to complete the required forms and provide supporting documents.
- Consular Processing: After the NVC completes the processing of your case, it will be forwarded to the U.S. embassy or consulate in your home country. You’ll be scheduled for a visa interview, where a consular officer will review your case, conduct an interview, and determine your eligibility for the spousal visa.
The entire process, from filing the Form I-130 to receiving the spousal visa, can take approximately 12 to 24 months or even longer in some cases. The timeline can be influenced by various factors, such as changes in immigration policies, visa availability, processing times at USCIS and the NVC, and the workload of the U.S. embassy or consulate where you attend your visa interview.
It’s important to stay informed and regularly check the USCIS website and the Visa Bulletin for updates. Additionally, keep in mind that processing times can change, so it’s best to be patient and prepared for the possibility of extended waiting periods. If you have specific questions about your case or need guidance, consider consulting with an immigration attorney.
How much does it take to obtain a spousal visa if I am married to a green card holder and living abroad?
The time it takes to obtain a spousal visa as the spouse of a green card holder while living abroad can vary significantly based on several factors. As of my last update in September 2021, the process could take approximately 12 to 24 months or even longer. However, please note that processing times can change, and it’s essential to stay updated with the latest information.
The timeline for obtaining a spousal visa typically includes the following steps:
- Form I-130 Processing: The first step is for your green card holder spouse to file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). Processing times for the I-130 can vary, but it may take several months, ranging from 6 to 12 months or more, depending on the USCIS workload and processing times at the specific USCIS service center handling the case.
- Priority Date: Once the I-130 is approved, the priority date is established. The priority date is the date USCIS received the Form I-130 petition. The priority date will be crucial in determining when a visa will become available for you in the F2A preference category, as indicated in the Visa Bulletin.
- Visa Bulletin: The U.S. Department of State issues a monthly Visa Bulletin that shows the current priority dates for each visa category. Your visa category is F2A, and you will need to monitor the Visa Bulletin to see if your priority date becomes current. If the priority date is earlier than the date listed in the Visa Bulletin for the F2A category, a visa is available, and you can proceed to the next steps.
- National Visa Center (NVC) Processing: Once the priority date is current, your case will be sent to the National Visa Center (NVC) for further processing. The NVC will request additional documents and fees, and you’ll need to complete the required forms and provide supporting documents.
- Consular Processing: After the NVC completes the processing of your case, it will be forwarded to the U.S. embassy or consulate in your home country. You’ll be scheduled for a visa interview, where a consular officer will review your case, conduct an interview, and determine your eligibility for the spousal visa.
The timeline for each of these steps can vary based on factors such as the current processing times at USCIS and the NVC, the demand for visas in your category, the volume of applications at the U.S. embassy or consulate where you’ll attend your interview, and other external factors.
It’s essential to be patient during the process and ensure that all required documents are prepared accurately and promptly. Additionally, regularly check the USCIS website, the Visa Bulletin, and the U.S. embassy or consulate’s website for updates and any changes in processing times. If you have specific questions about your case or need guidance, consider consulting with an immigration attorney for personalized assistance.
