Picture this: You have found love across borders, and now you want to bring your foreign spouse to the United States to start a new life together. However, the complex and time-consuming process of obtaining a spouse visa can be overwhelming and frustrating. The good news is that there are strategies you can employ to expedite the process and reduce the waiting time.
In this guide, we will explore high-impact tactics and strategies that can help speed up the spouse visa process, ensuring that you and your loved ones can be together in the U.S. sooner.
Key takeaways:
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The lawful permanent resident (green card holder) or U.S. citizen initiates the process of sponsoring their foreign spouse for immigration by filing a Petition for Alien Relative (Form I-130) with U.S. Citizenship and Immigration Services (USCIS). This form serves as the first step in establishing the spouse's eligibility for an immigrant visa.
Along with Form I-130, the petitioner and their spouse must gather and submit supporting evidence to demonstrate their eligibility. This evidence typically includes:
USCIS will review the submitted evidence to determine if the marriage is legitimate and if the petitioner meets the financial sponsorship requirements.
Upon the approval of the petition, the spouse will proceed to either consular processing or adjustment of status.
Consular processing. For spouses residing abroad, their case will be transferred to the National Visa Center (NVC). Once the NVC receives the case, they will schedule an interview either at the U.S. embassy or consulate in the spouse's home country. The interview will assess the spouse's admissibility to the United States and their understanding of U.S. laws and customs.
Adjustment of status. For spouses already residing in the United States, they will file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. This form allows them to apply for a green card while remaining in the U.S.
Upon approval, the spouse must undergo a medical examination by a designated civil surgeon. Once the medical exam is cleared, they will receive their immigrant visas. The spouse of a U.S. citizen can now enter the United States.
Congressional hearings have shed light on the processing delays in U.S. immigration matters, particularly in spousal sponsorships. While the published processing times by the USCIS may appear reasonable, there are hidden delays that can extend the overall timeline.
Let's explore these factors and their impact on processing times.
The surge in immigration applications and the disruptions caused by the COVID-19 pandemic have compounded the challenges faced by USCIS, resulting in further extended processing times for spouse visas. With the suspension of routine visa services and the closure of embassies and consulates worldwide, a backlog of cases accumulated at the National Visa Center. While services have gradually resumed, local country conditions, workforce limitations, and public safety protocols continue to impact the processing capacity of US consular posts.
In recent years, there has been a significant shift in the processing times for spousal visas and fiancé(e) visas. Prior to the pandemic, fiancé(e) visas were typically processed 6-7 months faster than spousal visas. However, due to the backlog and delays caused by COVID-19, the waiting times for both visa types have become nearly identical, averaging around two years.
It is crucial to identify the key concerns in spousal cases to address the delays and streamline the process. Based on extensive experience in handling such cases, three major concerns stand out:
To determine if the marriage is genuine or solely for immigration purposes, an authentic marriage certificate from a credible source, such as the U.S., Canada, the Commonwealth, or the E.U., can be tentatively accepted. Suspect certificates would be subject to normal processing channels.
The foreign spouse's criminal record and potential security concerns can be addressed by accepting a prima facie bona fide police report from every country where the spouse resided for six months or longer as an adult. Additional security clearances can be conducted during the approval process.
A medical clearance from a U.S.-trained doctor approved by USCIS can be accepted to ensure the foreign spouse is not carrying any contagious diseases.
By establishing guidelines and accepting these three items, the approval of a two-year conditional green card for the foreign spouse can be expedited, with processing times of just a few weeks to six months.
At the two-year expiry date of the conditional green card, couples must demonstrate that their marriage remains bona fide. The proof can include evidence of continuing to live together in a genuine marriage or, in the case of longer-term marriages or those with children, a permanent green card can be issued without further evidence.
This system ensures consistency between foreign applicants treated abroad and those treated within the U.S., significantly reducing the waiting time and paperwork involved.
Hire a St. Louis Immigration Lawyer
While waiting for comprehensive reforms to be implemented, there are steps you can take to expedite your spouse visa USA application under the current system. Here are some essential tips:
Include all the required information with your application and utilize the document checklist in the instructions. Leaving out any necessary documents can lead to delays.
Notify the immigration authorities of changes to your personal information, such as name, contact details, or family situation. This ensures that your application remains up to date and minimizes potential delays.
Ensure that all photocopies and documents you submit are clear and legible. If you submit documents in languages other than English, provide certified English translations to facilitate the processing.
Honesty is crucial throughout the application process. Failure to disclose any criminal or security issues or unclear family situations can lead to delays and potential complications.
Navigating the spouse visa process can be complex, especially when aiming to expedite the application. Working with experienced immigration lawyers can provide valuable guidance and support. Here's how an immigration lawyer can assist you:
An immigration lawyer specializes in immigration law and has in-depth knowledge of the spouse visa process. They can navigate the complex legal requirements, ensuring that your application is error-free and meets all necessary criteria.
An immigration lawyer can assess your specific situation and develop a personalized strategy to expedite your spouse visa application. They can identify potential obstacles and suggest effective solutions to overcome them.
Immigration paperwork requires precise and accurate documentation. An immigration lawyer can assist in gathering and preparing all necessary documents, ensuring that everything is complete and correctly submitted.
In case of any complications or challenges during the application process, an immigration lawyer can represent you in court. They can advocate on your behalf, ensuring your rights are protected, and your application receives fair consideration.
An immigration lawyer can effectively communicate with the USCIS and other relevant authorities on your behalf. This can help expedite the process by ensuring that all necessary information is provided promptly and accurately.
A: The processing time for spouse visa applications can vary depending on the workload at USCIS and the specific circumstances of the case. Generally, it can take anywhere from several months to a year or more, like any immigrant visa petition.
A: Consular processing is for spouses residing abroad, while adjustment of status is for spouses already residing in the United States. Consular processing involves an interview at a U.S. embassy or consulate in the spouse's home country. In contrast, adjustment of status involves filing an application with USCIS while remaining in the U.S.
A: Evidence to prove a bona fide relationship typically includes joint financial documents, such as bank statements and tax returns, shared living arrangements, such as utility bills and lease agreements, and photographs documenting the relationship over time.
A: The petitioner must demonstrate that they have the financial means to support their spouse and ensure they do not become a public charge. This may involve providing evidence of income, assets, and employment.
A: Expedited processing may be available in certain situations, such as severe medical emergencies, humanitarian reasons, or employment-related hardship. You must provide compelling evidence to support your request for expedited processing.
The spouse visa process may seem lengthy and complicated, but understanding the key concerns and implementing the proposed reforms can significantly reduce the waiting time. Additionally, working with an immigration lawyer specializing in spouse visa applications can provide expert guidance and expedite the process.
At Hacking Immigration Law, LLC, we understand the importance of reuniting families and creating a future together. With our extensive experience and knowledge in immigration law, we can be your trusted partner, simplifying the complexities and ensuring a high-impact strategy for your spouse visa application. Contact us today to schedule a consultation and take the first step towards reuniting with your spouse in the USA.
