Spousal Visa - Options

At the heart of the lawful permanent resident process (green card process) is the goal of bringing families together. Currently family immigration represents the majority of petitions filed and visas granted each year. Identifying the specific pathway based on your situation is important for the success of your petition.

HAVE IMMIGRATION QUESTIONS?

Have questions about the spousal visa? Let us help. We're preparing to launch our first product to help U.S. citizens and Green Card holders apply for visas for their spouses. For early access, please complete the information below and we will set up a free 15-minute consultation with you.

Identifying your Path

Knowing your current situation as well as anticipating your future immigration goals are pertinent to identifying the path to lawful permanent resident status for your spouse. 

Questions to Consider

  • Will you submit the petition from inside or outside the United States?
  • Is your spouse currently a Lawful Permanent Resident or U.S. Citizen?

Depending on your unique answers to the questions above, you and your spouse will fit into one of the four pathways below:

You + Spouse Inside U.S. You + Spouse Outside U.S.
If you are a U.S. Citizen Concurrent Filing
  • File Form I-130 and Form I-485 together with USCIS (can also apply for work authorization and travel document at the same time).
  • Attend biometrics and interview.
  • Receive Green Card in mail.
  • Spouse may remain in the U.S. while I-485 application is processing.
Direct Consular Filing
  • File Form I-130 with USCIS field office abroad.
  • Receive instructions from the National Visa Center.
  • File for immigrant visa (CR-1 or IR-1) at U.S. consulate and attend interview.
  • Arrive at U.S. Port of Entry -- receive stamp and enter as lawful permanent resident.
If you are a Lawful Permanent Resident (“LPR” or Green Card Holder) Adjustment of Status
  • File Form I-130 with USCIS
  • Wait for immigrant visa to become available.
  • File Form I-485 (can also apply for work authorization and travel document at same time).
  • Attend biometrics and interview.
  • Receive green card in mail.
  • Spouse may remain in the U.S. while I-485 application is processing.
Consular Processing
  • File Form I-130 with USCIS field office abroad.
  • Wait for immigrant visa to become available.
  • Receive instructions from the National Visa Center.
  • File for an immigrant visa (CR-1or IR-1) at U.S. consulate and attend interview.
  • Arrive at U.S. Port of Entry --receive stamp and enter as lawful permanent resident.
  • Upon entering U.S. as LPR, can work and travel.
  • Receive green card in mail at U.S. residence.

Frequently Asked Questions

“What if I am petitioning for my spouse who is of the same sex? Does USCIS honor same-sex spousal petitions?”

According to USCIS, should a LPR become a U.S. citizen (naturalized) while the foreign national spouse is waiting for an immigrant visa, you may be eligible to upgrade your spouse’s  visa classification and speed up the processing of their petition. 

“What if my spouse and I are  of the same sex? Does USCIS honor same-sex spousal petitions?”

Under U.S. Immigration laws, a same-sex marriage will be treated exactly the same as an opposite-sex marriage. 

HAVE IMMIGRATION QUESTIONS?

Have questions about the spousal visa? Let us help.
We're preparing to launch our first product to help U.S. citizens and Green Card holders apply for visas for their spouses.
For early access, please complete the information below and we will set up a free 15-minute consultation with you.


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