If you are a U.S. citizen married to a foreign national, your spouse may be eligible for permanent residence in the United States.To secure permanent residence for your spouse, you must submit an immigrant petition with the U.S. Citizenship and Immigration Services (USCIS) that demonstrates that you have a bona fide marriage.
If your spouse is residing in the United States, he or she may be eligible to apply for permanent residence at the same time you submit the immigrant petition.
If your spouse is residing outside the United States, he or she may apply for permanent residence through consular processing after your immigrant petition is approved by USCIS, or you may file a petition for a K-3 visa, which will allow your spouse to come to the United States and wait for the I-130 petition to be approved.
Conditional Permanent Residence
If you and your spouse have been married for less than two years at the time you submit your immigrant petition, he or she will become a “conditional” permanent resident. If your spouse is entering the United States in this status, he or she will receive a CR-1 immigrant visa.
Conditional permanent residence is valid for two years. To remove the condition on residence, you and your spouse must file a Petition to Remove Conditions of Residence with USCIS during the 90-day period before the end of the two years. This petition must demonstrate that your marriage was entered into in good faith, and not for the purpose of avoiding immigration laws.
Failure to file this petition before the end of the two-year period can result in your spouse losing his or her permanent residence status.
Our attorneys have many years of experience with the spousal visa process under all circumstances, including issues with conditional residency. We are committed to making the process as effective and efficient as possible so that you and your spouse can be together.To schedule an initial consultation to discuss any spousal visa issue with our team, call (520) 882-8852 or toll free at (877) 882-8852, or contact us.