How Do I Help My Spouse Get A Visa?

If you're an American citizen or Green Card holder, you can legally bring your spouse (wife or husband) to stay in the U.S. and even sponsor their green cards. However, be aware that the Visa acquisition and immigration process is quite complicated. In this blog post, we will discuss what you can expect.

What Are the Steps of Applying for a Visa for a Spouse?

The typical immigration process often involves multiple phases and detailed documentation. So you need to be patient and follow the necessary instructions to complete the process successfully. A reputable immigration attorney can guide you from the beginning to the last step to ensure your visa application process proceeds swiftly.  

The requirements of applying for a visa differ slightly depending on whether you (petitioner) are a United States citizen or a permanent resident.

If you're a citizen, you may need to complete form 1-130: Petition for Alien Relative along with form 1-130A: Supplemental Information for Spouse Beneficiary. You must sign both forms with appropriate filing fees before sending them to the USCIS (United Citizenship and Immigration Services).

You must also include the necessary documentation, such as:

  • Passport photos of you and your wife or husband.
  • A copy of the marriage certificate.
  • Evidence of any legal name changes for both of you including, divorce decrees, adoption decrees, court judgment, and marriage certificates.
  • Include a copy of death certificates, divorce, and annulment declarations showing that previous marriages entered by both or either of you were legally terminated.
  • If you're an American citizen, you must prove your citizenship using a certificate of naturalization, U.S. birth certificate, or a valid American passport.
  • For a permanent resident (Green Card holder), you must provide a copy of your green card or foreign passport with a stamp indicating proof of your permanent residency.

Understanding Conditional Residence

If you've been married for not more than two years before your partner is given permanent resident status, your spouse's visa is conditional and expires at the end of the 2-year period. To eliminate the conditional status, you must file a petition for permanent residency within 90 days before the current residency card expires. Failure to which your spouse's Green Card will become obsolete.

The good part is that your spouse is still eligible to live and work in the U.S (while the petition is pending) by applying for a nonimmigrant K-3 visa. This is possible only if you're an American citizen and have completed Form 1-130. For permanent residence, your spouse can be permitted for a V visa classification if at least three years have elapsed since you filed Form 1-130.

Work With an Experienced Orlando Immigration Attorney

If you are attempting to get a visa for your spouse, you do not have to go through the process alone. Bennett Law Center is here to help. Call us today or complete our online form to schedule an initial consultation.


352-557-8989