USA Spouse Visa Consultant in Riyadh

The United States remains one of the most popular choices for those wanting to join their loved ones or start a new life together. The U.S. Spouse Visa, more commonly referred to as the CR-1 (Conditional Resident) or IR-1 (Immediate Relative) visa, is an important avenue of entry for foreign spouses of permanent residents or American citizens to enter, work, and ultimately gain permanent resident status in the United States.

If you intend to apply for a spouse visa to the United States, this in-depth guide by ARZ Consultants will guide you through the eligibility criteria, application procedure, and key information that will assist in making your visa application a success.

What is a U.S. Spouse Visa?

The U.S. Spouse Visa permits the foreign spouse of a U.S. citizen or permanent resident to enter the United States. It is granted as either a CR-1 or IR-1 visa, depending on the duration of the marriage. The visas permit the spouse to reside and work in the U.S. and, in the case of the IR-1 visa, obtain immediate permanent residency.

CR-1 Visa (Conditional Resident): Given to couples who have been married for less than two years when the visa is approved. The foreign spouse is given conditional permanent residence, which is valid for two years.

IR-1 Visa (Immediate Relative): Given to couples who have been married for over two years. The foreign spouse is given permanent residence without conditions.

After entering the U.S., the spouse is free to work, travel, and, after meeting residence requirements, apply for U.S. citizenship.

Eligibility Requirements for Spouse Visa to the U.S.

For one to apply for a spouse visa to the U.S., both the U.S. permanent resident or citizen (the sponsor) and the foreign spouse have to satisfy requirements. These eligibility conditions validate that the relationship is not established for the purposes of mere immigration but is genuine.

1. For the Sponsor (U.S. Citizen or Permanent Resident)

U.S. Citizenship or Legal Permanent Residency: The sponsor can be either a U.S. citizen or a legal permanent resident (green card holder).

Age Requirement: The sponsor should be 18 years and above.

Financial Support: The sponsor should prove they can financially support the foreign spouse by satisfying the U.S. Poverty Guidelines for the size of their household. This will guarantee that the foreign spouse will not need to depend on government support. If the sponsor fails to meet the income threshold, they can be required to get a joint sponsor to finance the application.

Previous Marriages: If the foreign spouse or the sponsor has had a previous marriage, there is a requirement for proof of divorce or the death of the ex-spouse.

2. For the Applicant (Foreign Spouse)

• Genuine Relationship: The applicant should present evidence that the marriage is real and not for immigration purposes only. Some evidence includes pictures, joint financial documents, proof of communication, and family and friends' testimonies.

• Age Requirement: The foreign spouse should be at least 18 years old.

• Health Requirements: The foreign spouse should submit to a medical examination by an authorized doctor to qualify on health grounds for entry into the U.S.

• Criminal History: The foreign spouse should have a criminal background check. Specific convictions in certain crimes can lead to ineligibility.

• Admissibility to the U.S.: The foreign spouse should be admissible to the United States. Certain criminal offenses, past visa overstay, or health reasons can render the applicant inadmissible.

The Application Process for a U.S. Spouse Visa

Getting a spouse visa is a multi-step process that requires accumulation of documentation, the filing of the application, an interview, and waiting for approval. It can take several months, so one has to be careful and patient.

Step 1: File Form I-130 (Petition for Alien Relative)

The initial step is for the American sponsor to file Form I-130, the Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). The form confirms the connection between the foreign spouse and sponsor and initiates the visa process.The supporting documents required to be submitted include: 

1. Evidence of U.S. citizenship or resident status (passport, green card, or birth certificate)

2. Marriage certificate (to confirm relationship)

3. Documentation of a valid relationship (e.g., photos, joint bank accounts, same addresses)

4. Passport photos of the sponsor and foreign spouse

Step 2: Wait for Approval of I-130 Petition

Once the I-130 petition is submitted, the sponsor has to wait for USCIS to process and approve it. After approval, the petition is sent to the National Visa Center (NVC) for further processing. This may take several months.

Step 3: File Form DS-260 (Immigrant Visa Application)

After the approval of the I-130 petition, the foreign spouse will be required to fill out Form DS-260, the Immigrant Visa and Alien Registration Application, via the Consular Electronic Application Center (CEAC). This application is used to gather personal, biographical, and background information regarding the foreign spouse. In addition to the DS-260 form, the foreign spouse will need to provide the following documents:

1. Passport (at least six months valid)

2. Medical examination results

3. Police certificates from all nations in which the applicant has resided for more than six months during the past five years

4. Documentation of financial support (affidavit of support, Form I-864)

5. Other documents to establish the relationship is real (photos, joint documents)

Step 4: Go for the Visa Interview

The foreign spouse will next be scheduled to have a visa interview at the U.S. consulate or embassy in his/her native country. During this interview, a consular officer will query the relationship and check to ensure that the marriage is real. The applicant should be prepared to answer honestly and present more evidence if required.

Step 5: Receive Visa Approval and Enter the U.S.

If the interview goes well and all the documents are in place, the spouse will be granted an immigrant visa (CR-1 or IR-1). After the visa is approved, the foreign spouse can enter the United States. When they arrive, they will be given permanent residency (for IR-1 visa recipients) or conditional permanent residency (for CR-1 visa recipients).

Step 6: Conditional Residency and Removal of Conditions (If Applicable)

If the two spouses have married within two years before the issuance of the visa, the foreign spouse will only get a conditional permanent residency that expires after two years. At or before two years from when this is being granted, a joint petition (Form I-751) to drop the foreign spouse's residence conditions must be filed by both of them. This procedure will demand evidence that the marriage remains valid and that the couple remains together.

Processing Times and Fees

The time taken to process a spouse visa depends on a number of factors, such as the service center processing the petition, the country of origin, and the number of applications. On average, the process takes 12 to 18 months, but it may be delayed due to reasons such as requests for additional documents or security clearances.There may also be additional costs for medical check-ups, police reports, and other documents necessary.

Tips to Ensure a Successful U.S. Spouse Visa Application

Use Complete and Current Information: Be sure all of the forms are properly completed and that all documents supporting the request are accurate and current.

Prove Evidence of an Actual Relationship: Submit sufficient evidence to show that your marriage is not entered into for immigration reasons. This would be photos, logs of communications, shared financial statements, and statements from family and friends.

Seek Guidance from an Immigration Expert: It can be difficult to navigate the intricacies of U.S. immigration law. ARZ Consultants has qualified immigration experts who can assist you through the process and prevent you from making mistakes. 

Prepare for the Visa Interview: The visa interview is a critical component of the process, so prepare by going over your history of relationships and collecting any other documents the consulate might ask for.

Why Choose ARZ Consultants?

ARZ Consultants offers U.S. immigration services and has an excellent record of successfully helping people and families navigate the spouse visa procedure. Our immigration specialists are familiar with the complexities of U.S. immigration law, and we offer individualized assistance to make sure that your application is compliant with all the requirements. If you require support with submitting forms, document preparation, or the interview process, we are ready to assist you.

If you're ready to start your spouse visa application to the USA, get in touch with ARZ Consultants today and receive professional guidance and assistance.