How you file for a spousal visa typically depends on whether your spouse is in the United States or abroad. If your spouse is already in the U.S., you apply through an “adjustment of status” process. If they’re outside the U.S., you’ll go through consular processing.
Both options require submitting forms to U.S. Citizenship and Immigration Services (USCIS), but consular processing involves additional steps at a U.S. embassy or consulate abroad.
Each path has its own timeline and costs, and choosing the right one depends on your unique situation. Whether you’re starting domestically or internationally, working with an immigration lawyer in Lafayette can make the process smoother while helping you avoid mistakes that could delay or jeopardize your application.
Two Paths to a Spousal Visa
When applying for a spousal visa, there are two main routes: adjustment of status or consular processing. Here’s a closer look at both:
Adjustment of Status (For Spouses Already in the U.S.)
This process is for spouses already in the United States. You file all the required forms with your local USCIS office. During this process, the U.S. citizen and their spouse remain together in the United States while waiting for approval.
The adjustment of status route includes a biometrics appointment (fingerprinting and photo), an interview with USCIS, and a request for additional evidence to prove your marriage is legitimate.
This method allows the foreign spouse to stay in the U.S. during the entire process. Our Lafayette personal injury lawyers have experience handling spousal immigration and can help you through the entire process.
Consular Processing (For Spouses Abroad)
If your spouse is living outside the U.S., consular processing is the route to take. The U.S. citizen files the initial forms with USCIS, and once approved, the application is sent to the U.S. embassy or consulate in the spouse’s home country.
At this stage, the foreign spouse will attend an in-person interview where they’ll be asked questions about the marriage to verify its authenticity. If successful, they’ll receive a visa allowing them to enter the U.S. as a lawful permanent resident.
This option requires the couple to remain separated during the process. The spouse abroad cannot enter the U.S. until the visa is issued, which can take several months.
A Lawyer Can Help Ensure the Process Goes Smoothly
You can file for a spousal visa either from the United States or abroad. Each step requires specific documents, fees, and accurate information. Mistakes can delay or even derail the process, so getting guidance early can save time and stress.
An immigration attorney will help to ensure your paperwork is submitted correctly and on time so you can avoid unnecessary delays and setbacks.
"I have used Galloway Jefcoat a few times and have always been very satisfied. Furthermore, all of the people who work there are very professional, nice, and courteous."
Steps to File for a Spousal Visa
We have broken down the spousal visa process into clear steps to make it more manageable. Here’s how it works from start to finish:
1. File Form I-130
This is your first step in the process. Form I-130, also called the Petition for Alien Relative, is how you officially notify U.S. Citizenship and Immigration Services (USCIS) of your marriage. The goal is to prove that your relationship is genuine and meets the legal requirements for a spousal visa.
To make your case, you’ll need to provide supporting documents such as:
- Your marriage certificate
- Evidence of shared life, like joint bank accounts, lease agreements, or utility bills
- Proof that one spouse is a U.S. citizen or green card holder, such as a birth certificate, passport, or naturalization certificate
It’s helpful to be as thorough as possible with your documentation to avoid delays caused by requests for more evidence.
2. Wait for Approval
Once you’ve submitted Form I-130, USCIS will review your petition to ensure it meets all requirements. This stage can take several months or longer, depending on processing times.
If the petition is approved, the next step depends on where your spouse is currently located:
- If your spouse is overseas: The case will be sent to the National Visa Center (NVC) for consular processing.
- If your spouse is already in the U.S. legally: They can apply for adjustment of status by filing Form I-485 to become a permanent resident.
3. Consular Processing or Adjustment of Status
If your spouse is living abroad, they’ll apply for an immigrant visa at a U.S. consulate in their country. This involves submitting additional forms, attending a medical exam, and scheduling an interview at the consulate.
If your spouse is already in the U.S. legally (on a valid visa, for example), they’ll file Form I-485 to adjust their status to a green card holder. This process allows them to stay in the U.S. while their application is processed.
4. Attend the Interview
The interview is an important part of the process, as it helps USCIS or the consular officer confirm the legitimacy of your marriage. Both of you may be asked to attend, depending on the situation.
During the interview, expect to answer questions about your relationship, such as how you met, your daily life together, and your future plans. To prepare:
- Bring additional documents, like photos, joint travel records, or letters from family and friends supporting your relationship.
- Be honest and consistent in your answers.
5. Receive the Visa or Green Card
Once all steps are completed and your case is approved, your spouse will officially be granted legal status in the following ways:
- For spouses abroad: They’ll receive an immigrant visa, allowing them to enter the U.S. as a permanent resident.
- For spouses in the U.S.: They’ll receive their green card directly, granting permanent residency.
Consulting an experienced immigration attorney can help you avoid common pitfalls and handle any challenges that come up along the way.
Common Challenges and How to Handle Them
Filing for a spousal visa involves careful attention to detail, and even minor missteps can create obstacles. Understanding these common challenges and how to address them can help you avoid delays:
- Mistakes on Forms: Even small errors can cause delays. Double-check all information before submitting.
- Missing Documents: Make sure you’ve included all required evidence to avoid a Request for Evidence (RFE).
- Proving a Genuine Relationship: USCIS may scrutinize marriages, especially if there are red flags like a short relationship timeline or a big age gap. Provide detailed evidence of your relationship, such as photos, travel records, or affidavits from family and friends.
"As a client of Galloway Jefcoat for over two years I want to take a minute to say how much I appreciate the team handling my case."
Contact Our Immigration Lawyers Today
Filing for a spousal visa can be a complex process, whether your spouse is in the United States or living abroad. Both paths require careful attention to detail, from gathering the right documents to preparing for an interview.
Mistakes or missing information can lead to delays, but a lawyer can help expedite the process and ensure your paperwork is filed correctly.
At Galloway Jefcoat, we are here to assist with spousal visas and other kinds of immigration law we practice. Let us help you turn wrong into right. Contact us today to discuss your case and take the next step toward uniting your family.
"Galloway Jefcoat helped me at a time when I felt lost and taken advantage of by my employer."