US Spouse Visas

Are you married to a US National? You may be eligible for residency.

Remember that being married to a US National does not automatically entitle you to reside or work in the USA and that an Application would have to be made first.

How to make an Application

Firstly, you must file a petition to the U.S. Citizenship and Immigration Services (USCIS). This is known as the Immigrant Petition for Alien Relative, Form I-130.

This is completed by your US National Spouse – they are known as your ‘Sponsor’.

Once the petition has been submitted, the application will undergo many checks with USCIS, the National Visa Centre and the US Embassy after which time a decision is reached and the Visa is either issued or declined.

The Spouse Visa in America is determined by the length of time you have been married:

IR1 Visa – this is usually issued to those who have been married for more than 2 years, and results in a Green Card for permanent residency. There are no restrictions to working or residing in the USA with this Visa.

CR1 Visa – this is issued to those who have been married less than 2 years. It is a conditional visa, meaning that the Visa is valid for only 2 years. Again, a Green Card is issued. To adjust your CR1 and become a lawful permanent resident (LPR), you will have to file another petition, I-751, along with your Sponsor. This can be made 90 days before your CR1 Green Card expires.

In addition to the above, it is also possible for you to enter the USA as a non-immigrant using the K3 Visa. This is a popular option as it can be much faster.

The K3 Visa essentially allows you to join your sponsor as a visitor. As such, you are not permitted to work and you do not have any strong rights of residency. To become a resident, you can switch by filing the petition Form I-485 (Adjustment of Status) after you arrive.

It is worth noting that the K3 Visa route follows similar procedures to the Fiancé(e) Visa route. As such, many of the forms make exclusive mention to fiancé(e)s and not spouses. This is completely fine.

Why Choose James Freeman?

At James Freeman, our US immigration attorneys have extensive experience in all Spousal Immigration matters.

We are specialists across all fields, including creating applications for submission at USCIS offices across the globe, including the UK, and not just in the USA.

We are unrivalled in our knowledge of complicated cases – including the entry of Children into the USA and matters of Divorce, Separation and Bereavement.

Focus On Clients

Do not delay securing your future in the USA with your loved ones.

Call James Freeman today for a free consultation or email us at info@jamesfreeman.org.uk