What Is a “Spouse”?
A spouse is a legally wedded husband or wife.
- Merely living together does not qualify a marriage for immigration.
- Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs.
- In cases of polygamy, only the first spouse may qualify as a spouse for immigration.
The first step is to file a Petition for Alien Relative, Form I-130, with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for your spouse (husband or wife) to immigrate to the United States.
In certain circumstances, a U.S. citizen living abroad can file an immigrant visa petition outside of the United States.
There is no minimum age for a U.S. sponsor (petitioner) to file a petition for a spouse. However, you must be at least 18 years of age and have a residence (domicile) in the U.S. before you can sign the Affidavit of Support (Form I-864 or I-864EZ). This form is required for an immigrant visa for a spouse and other relatives of U.S. sponsors.
As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the United States, which is where you plan to live for the foreseeable future. Living in the United States is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions.
If you filed a petition for your spouse when you were a lawful permanent resident (LPR), and you are now a U.S. citizen, you must upgrade the petition from family second preference (F2) to immediate relative (IR). You can do this by sending proof of your U.S. citizenship to the National Visa Center (NVC). You should send:
- A copy of the biodata page of your U.S. passport; or
- A copy of your certificate of naturalization
After USCIS approves the petition, it is sent to the National Visa Center (NVC). Once received, the NVC will assign a case number for the petition and instruct the applicant to complete Form DS-261.
Choice of Address and Agent. (NOTE: If you already have an attorney, the NVC will not instruct you to complete Form DS-261.) The NVC will begin pre-processing the applicant’s case by providing the applicant and petitioner with instructions to submit the appropriate fees. After the appropriate fees are paid, the NVC will request that the applicant submit the necessary immigrant visa documents, including the Affidavit of Support, application forms, civil documents, and more.
Fees are charged for the following services:
- Filing an immigrant Petition for Alien Relative, Form I-130 (this fee is charged by USCIS).
- Processing an immigrant visa application, Form DS-260 (see Note below)
- Medical examination and required vaccinations (costs vary)
- Other costs may include: translations; photocopying charges; fees for obtaining the documents you need for the immigrant visa application (such as passport, police certificates, birth certificates, etc.); and expenses for travel to the U.S. embassy or consulate for your visa interview. Costs vary from country to country and case to case.
Fees should not be paid to the NVC or paid at the U.S. Embassy or Consulate where you have your visa interview unless specifically requested.
Required Documentation:
In general, the following documents are required:
- Passport(s) valid for six months beyond the intended date of entry into the United States, unless longer validity is specifically requested by the U.S. Embassy/Consulate in your country. Please review the instructions for guidance.
- Affidavit of Support (I-864, I-864A, I-864 EZ, or I-864W, as appropriate) from the petitioner/U.S. sponsor.
- Form DS-260, Immigrant Visa and Alien Registration Application.
- Two (2) 2×2 photographs.
- Civil Documents for the applicant. See Documents the Applicant Must Submit for more specific information about documentation requirements, including information on which documents may need to be translated. The consular officer may ask for more information during your visa interview. Bring your original civil documents (or certified copies) such as birth and marriage certificates, as well as legible photocopies all original civil documents, and any required translations to your immigrant visa interview.
- Completed Medical Examination Forms – These are provided by the panel physician after you have completed your medical examination and vaccinations
Visa Interview:
Once the NVC determines the file is complete with all the required documents, they schedule the applicant’s interview appointment. NVC then sends the file, containing the applicant’s petition and the documents listed above, to the U.S. Embassy or Consulate where the applicant will be interviewed for a visa. The applicant, petitioner, attorney, and third-party agent, if applicable, will receive appointment emails, or letters, containing the date and time of the applicant’s visa interview along with instructions, including guidance for obtaining a medical examination.
Applicants should bring their valid passports, as well as any other documentation above not already provided to NVC, to their visa interviews. During the interview process, ink-free, digital fingerprint scans will be taken. Generally, applicants will receive their original civil documents and original translations back at the time of interview.
Medical Examination and Vaccinations:
In preparing for your interview, you will need to schedule and complete your medical examination and any required vaccinations before your visa interview.
Before an immigrant visa can be issued, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician. Applicants are provided instructions by NVC regarding medical examinations, including information on authorized panel physicians. See Medical Examination for more information, including a list of panel physicians by country.
Vaccination Requirements:
U.S. immigration law requires immigrant visa applicants to obtain certain vaccinations prior to the issuance of immigrant visas. See Vaccination Requirements for IV Applicants for the list of required vaccinations and additional information.
The length of time varies from case to case and cannot be predicted for individual cases with any accuracy. Some cases are delayed because applicants do not follow instructions carefully. Sometimes the U.S. sponsor, or petitioner, cannot meet Affidavit of Support requirements. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a consular officer.
Ineligibilities for Visas – What If the Applicant Is Ineligible for a Visa?
Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents. If you are ineligible for a visa, you will be informed by the consular officer and advised whether there is a waiver of the ineligibility available to you and what the waiver process is.
Misrepresentation of Material Facts or Fraud:
Attempting to obtain a visa by the willful misrepresentation of a material fact or fraud may result in you becoming permanently ineligible to receive a U.S. visa or enter the United States.
When You Have Your Immigrant Visa – What You Should Know:
If you are issued an immigrant visa, the consular officer will give you your passport containing the immigrant visa and a sealed packet containing the documents which you provided. It is important that you do not open the sealed packet. Only the U.S. immigration official should open this packet when you enter the United States. You are required to enter the United States before the expiration date printed on your visa. When traveling, the primary (or principal) applicant must enter the United States before or at the same time as family members holding visas.
After NVC forwarded your case to the Embassy of United States in Pakistan then Immigration Lawyer at Qazi Law Associates may assist you as your representative/authorized agent to deal and expedite your case and to guide and assist your through the onward processing until your immigrant visa interview. Our services would include guidance, consultation, documentation, online forms of whole family members (DS-260), advise on the civil, tax, AOS and other documents to be provided/uploaded by the petitioner/sponsor/US spouse and to guide and assist your step by step until interview and will make the process smooth and uninterrupted without any hassle and confusion.
You cannot take risk of mistakes in your case, so for appropriate guidance, assistance and legal advice for your spouse visa processing after NVC referral of your case to the US Embassy Pakistan, contact us.
Here at Qazi Law Associates, our Immigration Lawyers will assist you throughout the journey until interview and often may expedite your processing under the permitted circumstances, which will reduce your stress and chances of making substantial mistakes/errors.
If you have any questions or need further information, please do not hesitate to schedule of appointment for free consultation session.
