Introduction to the Marriage / Spouse Visa

You and your spouse are preparing to move to the United States! The excitement of beginning this adventure together fills you with joy, but the thought of your spouse’s upcoming journey stirs up some nerves. The United States supports families by allowing U.S. citizens or lawful residents to bring their spouses to the country. There are two pathways for this including the fiancé visa, which you apply for if you intend to get married in the United States, and the spouse visa for couples who are already married. With the marriage visa, your spouse can apply for permanent residency and a green card. However, the United States also has concerns about visa fraud. The spouse visa is not guaranteed and you need to do your homework to make sure you or your partner are accepted. While applying for a CR1 / IR1 marriage visa can feel like a huge challenge, don’t worry. This post will break down the most important steps, the application process, the timeline, the requirements, what to expect from the U.S. spouse visa interview, and useful tips to help you feel more confident and prepared.

U.S. Marriage / Spouse Visa Processing Times

First of all, there are two spouse visas, the IR1 and CR1. The CR1 is for if you have been married for less than two years, while the IR1 is for longer relationships. This is an important distinction, as the IR1 gives your spouse a permanent green card, while the CR1 gives only a two-year green card, and your spouse will have to apply again for a ten-year green card at the end of that time.

Spouses of U.S. citizens receive priority. The typical waiting time for a visa for a spouse of a citizen is 11 to 12 months, while the spouse of a permanent resident typically has to wait between 29 and 40 months. The time can vary, however.

First, you will send your application to US Citizenship and Immigration Services. They will approve the application and then the National Visa Center will review it. Finally, you will be scheduled for an interview. The visa is typically received less than a week after the interview. Your spouse must enter the United States before the visa expires.

Application Process Timeline

The entire application process, from when your spouse submits their application to when they receive their CR1 / IR1 visa, can take anywhere from a year to a year and a half. However, this timeline varies depending on the specifics of each case. More complex situations, such as if you (the petitioner) have spent many years abroad, could result in an extended review period.

1. Apply to U.S. Citizenship and Immigration Services (USCIS):

The USCIS, part of the Department of Homeland Security, will assess whether the application meets eligibility criteria and if there are any security concerns based on criminal background checks.

2. Provide additional information to the National Visa Center (NVC):

Once USCIS approves the application, it is forwarded to the NVC, an agency under the Department of State. The NVC reviews your spouse’s background, your relationship, and your financial ability to support your spouse. If everything checks out, the application is sent to the U.S. Embassy for an interview.

3. Interview at the U.S. Embassy:

The interview takes place at the final stage of the application process. Your spouse will have to attend the interview at the U.S. Embassy.

4. Obtain your CR1 / IR1 visa:

If your spouse passes the interview, they will receive their visa within two to seven business days. It’s advisable for your spouse to travel to the United States as soon as possible, considering the expiration date of their medical certificate, as they must arrive in the U.S. before it expires.

Marriage / Spouse Visa U.S. Requirements and Fees

Make sure your spouse’s passport is valid for at least six months beyond the intended date of entry. In some cases, they may ask for longer. You will need to fill out an Affidavit of Support to prove you can financially support your spouse until they get a job as well as the visa application and two photographs. They should also bring originals and photocopies of birth and marriage certificates. A list of documents, such as identity, proof of marriage, tax transcripts, will be also mentioned in the interview notice.

You will need a minimum annual income, currently $25,550 if you don’t have children. Alternatively, you can use cash assets, and you can count any money your spouse is bringing with them. Bear in mind it may take some time for your spouse to get a job in the United States. The required minimum income is actually very low (125% of the poverty line).

You will need to pay fees not just for processing the visa. You will be charged for the Form I-130 petition for alien relative and the form DS-260 for processing the application. Your spouse will also have to undergo a medical examination and, depending on country of origin, may have to get certain vaccinations.

The current fees include:

• Form I-130 Petition for Alien Relative – $675 (If you wish to do it online, the fee is $625.)
• DS-260 processing fee – $325
• Fee for processing the affidavit of support $120
• USCIS Immigrant Fee – $220 (This is paid before getting the green card.)

These fees are not refundable, so it’s very important to get your application right the first time. This is not a complete list, and there may be other fees, such as costs for filing the Adjustment of Status (AOS). For current fees for Department of State services, please visit Fees for Visa Services. For current fees for USCIS services, visit Check Filing Fees on the USCIS website.

What to Expect in the Interview

The focus of the entire process is to make sure your relationship is legitimate. You do not have to be cohabiting, but you do need to convince them that you are genuinely married and not entering into a “paper marriage” to help your spouse enter the United States.

Your spouse may be asked to bring certain documents to the interview, and will typically get their original civil documents and translations back. Your spouse will also be fingerprinted and must bring their passport. They should be ready for security checks and potentially an extended wait.

Cheat Sheet: Which Questions Will Be Asked During the Interview?

The interviewer may ask a variety of questions, some of them personal, to establish a genuine relationship. Some typical questions include:

1. Where did you get married and in what type of ceremony?
2. Did you have a honeymoon? If so, where did you go?
3. Who does most of the cooking?
4. Which side of the bed do you sleep on?
5. When and how did you meet?
6. When is your spouse’s birthday?

There’s a lot of possible questions, all of which are designed to test how well you know each other. When you schedule your CR1 or IR1 marriage visa interview, our team and principal immigration attorney, Himani Bhardwaj, will provide a list of the most commonly asked questions. Armed with this list, your spouse can enter the interview with confidence, ready to handle almost anything the immigration officer might ask.

Tips for a Successful Interview

A few things can help the interview go better.

• Dress nicely. Western-style business casual is perfect if you have it.
• Aim to arrive early. However, bring a book or a craft project, as you might have to wait for some time.
• Bring wedding photos or photos of the two of you together. These can go a long way towards convincing
• the interviewer you are in a real relationship.
• If on social media, make sure your social media accounts reflect the relationship.
• Be honest.
• Hire an immigration lawyer.

Get the Help You Deserve With Our CR1 & IR1 Marriage / Spouse Visa Services

An experienced immigration lawyer can help you navigate this process and prepare thoroughly for the interview. We can give you personalized assistance for your specific situation. Navigating the CR1 / IR1 visa process on your own can be overwhelming and stressful. You won’t have to go through it alone. Our CR1 / IR1 visa experts will guide you step by step, answering all your questions, resolving any concerns, and clarifying the entire process. We aim to make things easier so you can be homefree.

We’ll also set you up for success by carefully preparing your application and interview. With our in-depth understanding of the U.S. immigration process, we’ll develop a tailored strategy for your case, ensuring every detail is meticulously handled. Our established relationships with the U.S. Embassy and Immigration Bureau authorities mean your application will be treated with the respect it deserves. We know what U.S. immigration looks for, and we’ll present your case in a way that maximizes your chances of approval. Contact HBM Law to schedule your consultation today.