Published: September 22, 2022
A Spouse Visa is the official document that permits a non-citizen who is married to a U.S. citizen to move and live in the U.S.. Receiving the visa allows eligible candidates to attend school and gain legal employment in the U.S. Through this visa, a U.S. and non-citizen couple can build a life in the country and find happiness together.
Besides enjoying exclusive privileges, the non-citizen partner may also apply for citizenship after fulfilling specific conditions. In addition, should the couple bear children, their offspring may automatically acquire U.S. citizenship. Los Angeles immigration lawyers can offer invaluable assistance for this matter.
Types of Spouse Visa
Before sending an application, it is best to consult with a marriage visa attorney to know the existing spouse visa types and their respective effects. Here is a quick preview:
1. CR1 Visa
The United States Citizenship and Immigration Services (USCIS) grants Conditional Resident (CR) 1 visas to successful applicants who, upon arrival to the U.S. with their conditional Green card, have been married less than two (2) years. USCIS issues these visas on a “conditional” basis. It means that the non-citizen who applied for this visa must apply for the removal of the attached conditions before the expiration of their conditional Green card. When approved, they will receive a new and updated visa with a 10-year validity and thus considered a permanent resident.
Spouses of U.S. citizens fall under the CR1 visa category.
2. IR1 Visa
There are instances when the non-citizen spouse does not qualify for the CR1 category. In that case, they may apply for the IR (Immediate Relative) 1 visa category. In general, IR1 visas are official documents issued by the USCIS to beneficiaries who have been married to U.S. citizens for more than two (2) years when application for Green card is approved. In this scenario, the IR1 applicant does not have to undergo a removal process because their visa does not have any attached conditions. Instead of the initial two (2) years granted to CR1 visa holders, IR1 visa holders receive a 10-year validity of their permanent resident card.
General Process
Both CR1 and IR1 visa applications are multi-step processes that requires intensive legal and technical knowledge. If you do not have a background on U.S. immigration laws or the technicalities of Santa Ana immigration court, it is best to seek the aid of spouse visa attorneys.
As a preview, here is generally how the application process of marriage-based visas work:
- Determine CR1 or IR1 visa eligibility.
- Have the U.S. citizen spouse, also referred to as the “sponsor”, file for a petition in behalf of the non-citizen spouse.
- Wait for the USCIS to process the petition.
- Submit other required documents and pay the fees.
- Attend visa interview.
- Receive approval.
- Comply with additional conditions, if any.
Removing Conditions
As mentioned earlier, applicants under the CR1 visa category must comply with specific conditions to unlock the 10-year permanent resident status instead of the initial two (2) years. To remove the conditions for permanent residency, both the U.S. citizen and non-citizen spouses should file a petition on this matter.
They should apply for the removal of the conditional status within ninety (90) days before the expiration of the conditional resident card. The failure to file within the given timeframe may result to the revocation of the non-citizen spouse’s resident status. Consequently, they may also be legally removed from the U.S.. Please consult with an immigration lawyer for a more detailed explanation.
Living in the US While Spouse Visa Is Pending
Generally, when the petition for CR1 or IR1 visa is still pending, the non-citizen may not live permanently in the U.S. However, there is a legal way to allow the reunion of the spouses within the U.S. territory.
For this matter, it is crucial for the non-citizen spouse to apply for a nonimmigrant K-3 visa. This way, the non-citizen spouse may live and work in the country temporarily.
There are other options that spouses can explore depending on their circumstances. Avoid taking matters into your own hands if you are not an expert in U.S. immigration law. Please discuss immigration related concerns with reliable spouse visa lawyers.
Work Eligibility for Foreign Spouses
After coming to the U.S., spouse of eligible sponsors may also seek work opportunities. There are several categories they can explore depending on their circumstances.
Please note that both CR1 and IR1 visa holders are eligible to work within the U.S.. It means that they can receive mandatory benefits and the protections afforded by U.S. labor laws.
LGBTQ+ Marriages
U.S. immigration laws support marriages between all genders. USCIS does not discriminate against applicants as long as their marriage is legal and properly executed. Any couple may apply for a spouse visa and unlock its benefits. Coordinate with a seasoned spouse visa attorney if you have queries about this matter.
Most Reliable Spouse Visa Lawyers in LA
Bringing your spouse to the U.S. and living with them is a critical matter that requires utmost priority. You and your partner deserve a hassle-free immigration process and top-level professionalism. If you are looking for immigration lawyers in the Los Angeles area, ALG Lawyers is readily at your service.
Our law firm has been in the industry for years and has helped couples and families build better lives in America. Our team will be with you through every step. We will be responsive to your queries and provide you with timely assistance. Get in touch for a more extensive discussion of our services.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)