How to Apply for Spousal Visas

torsos of bride and groom with wedding bouquetImmigration and applying for citizenship are tricky and it can be even more so when you’re attempting to bring your spouse over as a permanent resident. If you need help getting through the process, Cynthia R. Lopez, an immigration attorney in El Paso, can help you do so. Here’s what that process may look like.

The Requirements

The biggest requirement for the spousal visa application is that you or your spouse, depending on whether or not you’re the applicant, should either be a U.S. citizen or a green card holder. Without either of these statuses, you or your spouse won’t be able to apply for a spousal visa.

The Steps

In order to complete the spousal visa process, there are a few steps you should take. If you are a U.S. citizen, you should:

  • File Form I-130, which is the Petition for an Alien Relative. If your spouse is alreading in the United States with you, also file Form I-485, which is the application for permanent residence or to adjust your status.
  • Be patient. These forms can take time to review and accept. You or your spouse can always apply for a K-3 nonimmigrant visa, which allows them to wait in the United States legally for their petition to be reviewed.
  • If the petition is denied, you will be given information about how to appeal. Throughout this process, it’s best to have a lawyer by your side who can navigate the legal ropes for you and help speed up this process.

If you are a green card holder, the process will look very similar. In addition to filing these forms, you’ll also need copies of:

  • Two completed copies of the G-325A form, your civil marriage certificate, photos of you and your spouse, evidence of any legal name changes you may have undergone, and copies of any divorce decrees, annulment decrees, or death certificates from any previous marriages you may have had.
  • If you are a U.S. citizen, you will need either your U.S. passport, birth certificate, naturalization certificate, or consular report of birth abroad. You’ll also need your certificate of citizenship.
  • If you are a green card holder, you’ll need a copy of your green card or your foreign passport that shows your permanent resident status.

Working With a Lawyer

The application process for spousal visas can be tricky and stressful. If you need help applying for spousal visas, immigration lawyer Cynthia R. Lopez is here to help! Call us today to learn more about how we can help you.