Marriage Visa Flow Chart For Spouses
of U.S. Citizens Outside United States
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Marriage Visa Process For Spouses
of U.S. Citizens Outside the United States
Spouses of U.S. Citizens who are currently living outside of the United States can only obtain permanent residency in the United states after obtaining a marriage visa and attending a consular interview. The process is longer than one would expect – one should expect the process to last at least seven months. It can be further delayed by mistakes and incomplete documentation. Avoiding these mistakes are key and a marriage visa lawyer can help ensure the process is as short as possible.
Step One. Couple Married & The Foreign National Is Not In United States
A couple must be married to receive a marriage visa.
Step Two. Contact Gafner Law Firm
Once married, a couple should contact Gafner Law Firm. The firm will discuss the process with both individuals, and make sure the couple is eligible and have all the required documentation.
In certain circumstances, it may be possible to bypass many parts of this process. Therefore, it is highly recommended that you contact a marriage visa attorney before beginning the process.
Step Three. Submit the Spousal Visa Petition to the USCIS
Once a marriage visa lawyer reviews your case and prepares the petition for your review, the petition will be submitted to the USCIS. The USCIS is currently taking around five months to process petitions. This time frame can be extended if the required documents are not submitted the first time.
Step Four. USCIS Approves Marriage Visa Petition
About five months later, the USCIS will grant the petition and will notify the couple. The USCIS will also send the petition to the National Visa Center.
Step Five. National Visa Center Will Request More Documentation
Run by the U.S. State Department, the National Visa Center will notify the couple once it receives the petition. Couples will be requested to submit additional documentation, and a completed affidavit of support. This process can move quickly if a couple is properly prepared, or slowly if not properly prepared.The process can take very long because a couple may need to track down certain documents. Once the National Visa Center is satisfied, the NVC will notify the U.S. Consulate and an interview date will be set.
Step Six. Foreign National’s Interview at Consulate
The noncitizen spouse will need to attend an interview at a U.S. consulate abroad. At the consulate, the immigration official will review the petition and ensure eligibility for a green card in the United States. Once satisfied, the actual visa will be given and the noncitizen spouse will be able to enter the United States.
Step Seven. Beneficiary Enters the United States and Gets Permanent Residency Card
Once the noncitizen spouse has the visa, he or she can enter the United States and will receive the permanent residency card soon after entering the U.S. If, at the time the permanent residency card is issued, the marriage is less than two years old, the permanent residency card will be conditional. This means that the couple will need to submit another petition (and attend another interview) two years later. If the marriage is over two years old, then the permanent residency card will be good for ten years.