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The Immigrant Spouse Visa is appropriate for:
- Spouses of U.S. citizens living abroad, who wish to immigrate to the U.S.
- Spouses of U.S. citizens living in the U.S., who wish to become lawful permanent residents, but are not eligible to adjust status to permanent residence from within the U.S.
Last updated: Feb. 03, 2010
Immigrant Spouse Visa - Frequently Asked Questions
1. What is the difference between the spouse visa and fiancée visa?
If not yet married but planning to marry in the U.S., a U.S. citizen can file a K-1 fiancée petition for his or her fiancée. The fiancée visa allows the fiancée to enter the U.S. and remain for 90 days for the purpose of becoming legally married. Once married, the fiancée can apply for permanent residence through the adjustment of status process. Generally, the foreign citizen spouse may not depart from the U.S. while in the adjustment of status process without permission from U.S. Citizenship and Immigration Services (USCIS). The fiancée petition cannot be filed abroad; it must be filed with USCIS in the U.S. If already married and the foreign national spouse resides outside of the U.S. and intends to immigrate to the U.S., the U.S. citizen should file a spouse petition for an "immediate relative" immigrant visa.
If your U.S. citizen spouse is in the U.S., you may qualify for the K3 spouse visa. The K3 spouse petition must be filed in the U.S. and the K-3 visa application must be processed at the U.S. Consulate abroad with jurisdiction over the place where your marriage to your U.S. citizen spouse took place.
Generally, no. If you intend to make a short visit to the United States to marry and then return to a residence abroad you do not need a fiancée visa. In that case, you should apply for a non-immigrant visitor visa.
4. My fiancée is petitioning for me, but I have children. Can my children come with me?
Yes. Unmarried children under 21 years of age can apply for a “derivative” fiancée visa to accompany you. However, only those unmarried children who were under 18 at the time of your marriage can adjust status.
5. Can I enter the U.S. on my fiancée visa, depart the U.S., and then re-enter on the fiancée visa?
No. The fiancée visa is only valid for a single entry. You must marry within 90 days of your arrival and must apply immediately after your marriage for adjustment of status.
6. Must I buy a round-trip ticket if I've already been issued a fiancée visa or immigrant visa?
No. Since you are required to marry within 90 days of entry and file for adjustment of status, a one-way ticket does not negatively impact your admission to the U.S.
Apply early! The entire process from the filing of the initial spouse petition to the issuance of a spouse visa typically takes from six to twelve months.
The interview will take place at U.S. Embassy or Consulate with jurisdiction over your spouse’s place of residence. Petitions are entered with a USCIS service center in the United States. They are then forwarded to the National Visa Center (NVC) for initial processing. Cases are then forwarded to the appropriate U.S. Embassy abroad based on the family member beneficiary’s address listed in his or her petition. That U.S. Embassy will then contact the family member with instruction on how to continue the application process.
9. If my visa spouse petition is not accepted, Can I get a refund of the filing fees?
No. The government will not refund or reimburse the filing fees if your petition is not accepted.
If you intend to relocate permanently to the U.S., you must apply for an immigrant visa in advance of traveling to the United States. Attempting to enter on a nonimmigrant visa with the intent to remain permanently in the U.S. could result in your deportation from the U.S. and you risk any future immigration benefits for which you may otherwise be eligible.
In general, no since you must prove that you have a residence outside the U.S. to which you intend to return, even if temporarily. Immigration officials at the port of entry have discretion to admit a traveler in that case.
12. Can I enter the U.S. and wait while the visa is being processed?
Generally, no. It is generally not possible to wait for the visa in the U.S. Be advised, if you intend to remain permanently in the U.S., attempting to enter on a nonimmigrant visa could result in your deportation from the U.S.
13. Is it possible for me to visit the U.S. while my visa application is being processed?
Yes, but you must be able to prove that you intend to return to your home country or other residence outside the U.S. to complete your immigrant visa process after you visit to the U.S. Of you decide to visit the U.S. during your visa application process. There is no guarantee of entry.
The U.S. Department of State schedules interviews on a “first come, first served” basis and appointments are scheduled on the earliest possible date. If you need an earlier appointment, PowerVisa can assist in requesting that your local consulate put you on a waiting list for any appointments that become vacant, again on a “first come, first served” basis.
15. Does the U.S. citizen petitioner have to attend the interview?
No. Many consulates will allow the U.S. citizen petitioner to attend the interview if he or she is present, however some Consulates do not allow the U.S. citizen petitioner to attend the interview (e.g., Ciudad Juarez).
Yes, unless your children are already U.S. citizens. Children, regardless of age, who are applying for immigrant or derivative fiancée visas, must attend the interview.
In general, you should be available to spend up to three hours or more at the Consulate.
18. Can I work after entering the U.S. on my spouse/fiancée immigrant visa?
Holders of immigrant visas can work upon entry into the U.S. However, fiancées must first get permission to work from the U.S. government.
19. Once my visa is issued, how soon can I travel? What is the period of validity of my visa?
You can travel as soon as you receive your visa. Spouse and fiancée visas are valid for up to six months. Therefore, you must enter the U.S. with your visa within 6 months of its issuance.
20. What if I don’t use the visa within the six months? Can it be extended?
No, spouse and fiancée visas cannot be extended and you will typically be required to repay the visa fees for issuance of another visa.
Last updated: Feb. 03, 2010
Eligibility Requirements for the Immigrant Spouse Visa
You may qualify for an Immigrant Spouse Visa if you meet the following requirements:
- A valid marriage to a U.S. citizen, in accordance with the law of the jurisdiction where the marriage took place;
- Legal termination of all prior marriages;
- Ability of the U.S. citizen spouse to provide financial support.
Last updated: February 01, 2010
5 business days$355, plus $470 IV fee6-10 monthsAccurate and Persuasive Case Preparation
Submitting an immigration case is not simply a matter of filling out the correct government forms. At PowerVisa we don't simply prepare and file forms, we prepare and file your individual and unique case. Your case is unique and deserves to be presented to the government with all its strengths, not just as another set of forms. We prepare and file each client's case with the personal attention it deserves. We think outside the box and prepare each client's case as a comprehensive filing package, highlighting the unique strengths of each case. We guarantee the accuracy of our filings and guarantee that your case will never be rejected for improper or incomplete filing.
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The strength of your case not only requires persuasive and accurate forms,it also requires presenting your supporting documents in the strongest light. We provide all PowerVisa Clients with a comprehensive Supporting Document Checklist, listing all required and supporting documents needed for filing your case. We provide individual guidance on how to identify and locate hard-to-find persuasive documents, and suggestions on selecting the strongest documents as evidence. We also provide clients with a secure online account for uploading and submitting required documents in digital format.
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For our consular processing clients, we prepare and submit up-to-date versions of all required Department of State forms, in accordance with State-prescribed format and the highest professional standards.
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As your attorney of record, we conduct all necessary phone, email and fax communications with the USCIS on your behalf.
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For our consular processing clients, we conduct all necessary phone, email and fax communications with the National Visa Center, and the U.S. Consulate and Embassy abroad.
Visa Interview Guidance
For our consular processing clients, we provide detailed guidance on how to properly prepare for and conduct the visa interview at the U.S. Consulate abroad, including guidance on what to say, and what not to say, where to go, when to appear, etc. We also provide a list of sample interview questions that the examining consular officer is likely to ask during the visa interview.
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We keep clients informed of their case status at all times. We promptly provide clients with courier service tracking numbers and USCIS receipt numbers, including links for monitoring delivery status and case progress online.
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Our clients enjoy direct email and telephone access to their attorney, during regular office hours, throughout the duration of their case. Clients can expect all emails and phone calls to be returned promptly.
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We prepare and submit your case within a maximum of five business days from receiving all requested information and documentation from you. Once submitted, we make all reasonable efforts to see that your case is processed within the shortest time frame possible. If there is a way to speed the process up for you, we will get it done.
Approvability and Risk Assessment
We thoroughly review and evaluate the merits of each case to determine the client’s preliminary eligibility for the benefits sought. If we determine that a client’s case may have trouble being approved, we work with the client to determine an appropriate strategy for overcoming any red flags or issues of approvability prior to filing. If there is a high risk of denial, we will let the client know and proceed with filing only after informed consent.
CLIENT TESTIMONIALS
(published with permission)
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