1. What visa options are available for non-U.S. citizens married to a U.S. Green Card holder?

Non-U.S. citizens married to a U.S. Green Card holder may be eligible to apply for an Immediate Relative visa, also known as a “Green Card Through Marriage.” With this visa, the non-U.S. citizen can enter the United States on a conditional permanent resident status and apply for a green card after two years of marriage. Other options include the K-3 visa (for spouses of U.S. citizens) and the Fiancé/Fiancée (K-1) visa (for those planning to marry within 90 days of entering the United States).

2. How long does it take to process a visa application for the spouse of a U.S. Green Card holder?

It can take up to 12 months to process a visa application for the spouse of a U.S. Green Card holder. This processing time is based on the current backlog of applications being processed by U.S. Citizenship and Immigration Services (USCIS).

3. Are there any special requirements that must be met in order for the spouse of a U.S. Green Card holder to receive a visa?

Yes, in order for the spouse of a U.S. Green Card holder to receive a visa, the U.S. citizen or permanent resident spouse must file a Form I-130, Petition for Alien Relative, and the foreign-born spouse must then submit a Form I-485, Application to Register Permanent Residence or Adjust Status. The foreign-born spouse must also meet other requirements such as financial and health criteria, passing a background check, and demonstrating that the marriage is not fraudulent.

4. What documents are needed to apply for a visa for a non-U.S. citizen married to a U.S. Green Card holder?

In order to apply for a visa for a non-U.S. citizen married to a U.S. Green Card holder, the following documents would be required:

1. Marriage Certificate
2. Evidence of the US Green Card Holder’s Legal Status in the U.S.
3. Proof of Financial Support
4. Passport-style Photographs of Both Spouses
5. Application for Nonimmigrant Visa (Form DS-160)
6. Affidavit of Support (Form I-134)
7. Copy of US Green Card Holder’s Birth Certificate or Naturalization Certificate
8. Medical Examination Results for Nonimmigrant Visas (Form I-693)
9. Police Certificate from all Countries of Residence Since Age 16
10. Evidence of Legitimate Relationship (marriage certificates, joint accounts, joint tax returns, etc.)

5. How much does it typically cost to obtain a visa for the spouse of a U.S. Green Card holder?

The cost of obtaining a visa for the spouse of a U.S. Green Card holder depends on the type of visa being applied for. Generally, it can cost anywhere from $220 to $325, plus any additional fees associated with submitting documents or expedition services.

6. Is an in-person interview required as part of the visa application process for the spouse of a U.S. Green Card holder?

Yes, an in-person interview is typically required as part of the visa application process for the spouse of a U.S. Green Card holder. The interview is used to assess the applicant’s eligibility for the visa and to ensure the relationship is genuine.

7. Can the spouse of a U.S. Green Card holder work while on their visa?

Yes, the spouse of a U.S. Green Card holder is eligible for work authorization through their visa. They can apply for employment authorization documents (EAD) and begin working legally in the United States.

8. Is it possible to extend or renew an existing visa for the spouse of a U.S. Green Card holder?

Yes, it is possible to extend or renew an existing visa for the spouse of a U.S. Green Card holder. The spouse will need to file Form I-539, Application to Extend/Change Nonimmigrant Status with the U.S. Citizenship and Immigration Services (USCIS). The form must be accompanied by documents such as a copy of the U.S. Green Card holder’s valid Green Card, evidence of the marriage, and other documents required by USCIS.

9. Can the spouse of a U.S. Green Card holder travel outside of the United States while on their visa?

Yes, the spouse of a U.S. Green Card holder can travel outside of the United States while on their visa. However, they must carry a valid green card and their valid passport when traveling outside the United States to ensure that they are allowed back in.

10. What are the eligibility requirements for obtaining a visa for the spouse of a U.S. Green Card holder?

In order to be eligible for a visa as the spouse of a Green Card holder, applicants must generally meet the following eligibility requirements:

– Be legally married to the U.S. Green Card holder
– Have a valid passport
– Have proof of valid relationship with the Green Card holder (marriage certificate, joint financial documents, etc.)
– Demonstrate that the marriage is not just for immigration purposes
– Pass a medical examination
– Successfully pass an in-person interview with a U.S. consular officer
– Demonstrate that you have no criminal history
– Demonstrate that you are not inadmissible to the United States
– Demonstrate that you have the required financial resources to live in the U.S. without becoming a public charge.

11. What is the difference between an immigrant and non-immigrant visa for the spouse of a U.S. Green Card holder?

An immigrant visa is needed for a foreign national spouse to enter the U.S. and become a permanent resident, while a non-immigrant visa is needed for a foreign national spouse to temporarily enter the U.S. for a specific purpose. Immigrant visas are generally processed at U.S. embassies or consulates located in the foreign national spouse’s country of origin, while non-immigrant visas are generally processed within the United States.

12. Are there any restrictions on what activities can be conducted by the spouse of a U.S Green Card holder while on their visa?

Yes, there are restrictions on what activities can be conducted by the spouse of a U.S. Green Card holder while on their visa. Spouses of Green Card holders are allowed to work in the U.S., but only with permission from the U.S. Citizenship and Immigration Services (USCIS). To obtain permission, the spouse must apply for an Employment Authorization Document (EAD). Additionally, spouses are not allowed to receive any public benefits or enroll in higher education without first obtaining permission from the USCIS.

13. How can I check the status of my visa application for my non-U.S citizen spouse who is married to a U.S Green card holder?

You can check the status of your visa application by visiting the U.S. Citizenship and Immigration Services (USCIS) website and using the case status checker. You will need the receipt number of the petition that was filed, which should have been provided on the receipt notice. If you do not have this number, you can contact the USCIS contact center for assistance.

14. Is it possible to change or adjust status after receiving a visa for my non-U.S citizen spouse who is married to a U.S Green card holder?

Yes, it is possible to change or adjust status after receiving a visa for your non-U.S citizen spouse who is married to a U.S Green card holder. The process for changing or adjusting status is referred to as “adjustment of status.” This generally involves filing an I-485 application with U.S. Citizenship and Immigration Services (USCIS). The filing of an I-485 application to adjust status may be done by the immigrant spouse in the United States if he or she was admitted with a valid visa, or entered the United States through the Visa Waiver Program.

15. Are there any additional fees associated with obtaining or renewing a visa for the spouse of a U.S Green card holder?

Yes, there are additional fees associated with obtaining or renewing a visa for the spouse of a U.S. Green card holder. These fees include the Form I-130 filing fee, biometrics fees, and the Form I-485 filing fee.

16. Are there special requirements for children of non-U.S citizens married to U.S Green card holders when applying for visas?

Yes, there are special requirements for children of non-U.S citizens married to U.S Green card holders when applying for visas. Children of a non-U.S citizen parent and a U.S green card holder are classified as “immediate relatives” and receive an I-130 visa application. However, the child must first be granted an immigrant visa before entering the U.S. This process usually takes several months to complete.

17. Is it possible to bring family members on my visa if I am married to a U.S green card holder?

Yes, it is possible to bring family members on your visa if you are married to a U.S. green card holder. Your spouse can file an I-130 “Petition for Alien Relative” with the USCIS to start the process of obtaining an immigrant visa for your family member.

18 How long can I stay in the US with my spouse who is a US green card holder?

Generally speaking, you can stay in the US indefinitely with a US green card holder, subject to the terms of the green card. However, if you plan to stay for longer than six months you must obtain a visa before entering the US.

19 What rights and privileges will I have if I am granted with a spousal visa from my US green card holding spouse?

A spousal visa (Form I-130) from a U.S. green card holder grants you the right to live and work in the United States. You will not be eligible for Medicaid, food stamps or other public benefits unless you qualify for them on your own. You will also have access to Social Security and Medicare benefits. Additionally, you may be eligible for certain immigration benefits, such as naturalization after a period of time.

20 Are there any other legal considerations I should be aware of when seeking spousal visas as the non-US citizen partner in a marriage with an US green card holder?

Yes, there are a number of other important legal considerations that you should research before applying for a spousal visa. These include:

• You must meet the eligibility requirements for a spousal visa, including a valid marriage certificate and proof that you and your spouse have maintained a “bona fide” marital relationship.

• You must provide proof of financial resources to support yourself in the U.S.

• You must pass the medical exam and adhere to any immunization requirements from the USCIS.

• You must demonstrate that you have not been convicted of any crime and that you do not pose a threat to national security.

• You are not eligible for a spousal visa if you are currently in the U.S. illegally.

• If you have ever been in the U.S. without authorization or overstayed your visa, you may be ineligible for a spousal visa or may need to go back to your home country and apply from there.

• If you are pregnant or planning on becoming pregnant while in the U.S., this may affect your eligibility for certain types of visas.