Choosing a spousal visa carries its own requirements, time frame, fees, and other consequences different from its sister, the fiancé visa. This third article of a four-part series discusses the spousal visa and its eligibility requirements, status consequences, and costs to help you evaluate the best option for your situation.
Overview
The spousal visa, also called the marriage green card, allows a U.S citizen or green-card holder to bring their spouse to the U.S., and the spouse automatically becomes a green-card holder upon entry to the U.S – no adjustment of status is necessary. The process takes around 1-1.5 years and costs $980 (not including attorney’s fees). We have not seen delays with the spousal visa due to the pandemic or otherwise, and processing times have remained consistent.
Eligibility requirements in a nutshell
- Must be married to a U.S citizen or a green card holder whose income is at least 125% of the federal poverty line. If not, you must submit Form I-864 with your application.
- Must show a valid marriage certificate. To be valid, the certificate must show the names of both spouses, the date of marriage, and the place of marriage.
- Must prove that your marriage is legitimate (or bona fide). This can be proven with wedding photos, or evidence of shared bank accounts or property leases. If you have never lived together, evidence can include affidavits, emails, text messages, pictures, etc.
- Must not be married to anyone else. If you were previously married, you will need to provide the name of your previous spouse, the date the marriage ended, and proof, such as a divorce decree.
How much are the government filing fees?
The government filing fees for the spouse visa include $535 for filing the I-130 Petition for Alien Relative, and $445 for consular processing. The brings the total to $980.
How is my ability to work or travel affected with each visa?
For a spousal visa, you automatically become a legal permanent resident upon entry and can work and get your driver’s license right away. International travel under a spousal visa is also permitted after entry to the U.S.
You may want to consider a spousal visa if:
- Timing is less of a concern for you. According to current USCIS processing timelines, it takes 13-17 months for marriage green card holders to be eligible to enter the U.S.
- You want to hold your wedding outside of the U.S. This may make more sense for you depending on where your family and friends live, etc.
- You want to be a green card holder upon entry to the U.S. This will allow you to work and obtain a driver’s license right away.
- You are more concerned about cost. It costs about $1000 less to get the final green card under a spouse visa.
Stay Tuned for More
Our next article will offer a side-by-side comparison of the marriage visa and the K1 visa to help you make a more informed decision as to which route is best for you.
Atty. Sophia Akbar handles immigration matters and civil rights matters at Amal Law Group. Click here to learn more about Atty. Akbar. You can contact Atty. Akbar directly at 312-772-4064.
Disclaimer: The above is provided for informational purposes only and is not intended to serve as legal advice. Seek legal advice only from a licensed attorney. For any legal questions, click here to contact us.
