Make Sure Everything Is in Order When Applying for a Spouse Visa

The Shapiro Law Group

It is vital to have everything in order when applying for a spouse visa because failing to include the necessary documentation and fees could result in significant delays or denials. Petitions for spousal visas are examined more closely than other types of visa applications. The U.S. Customs and Immigration Service will scrutinize the relationship of a married couple to make certain that the marriage is not a sham. Good preparation before filing a petition for a spousal visa can increase the likelihood of approval.

Required Forms and Fees

If the petition will be filed at a U.S. Consular Office, the following forms and fees will be required:

  • Petition for Alien Relative Form I-130 – $535
  • Supplemental Information for Spouse Beneficiary Form I-130a
  • Immigrant Visa Application Form DS-260 – $325
  • Affidavit of Support Form I-864
  • Report of Medical Examination and Vaccination Record Form I-693

In addition to the forms and their associated fees, petitioners also must submit the USCIS immigrant fee of $220. If the petition is filed for a spouse who is already present in the U.S., additional forms and fees will be required to petition for an adjustment of status.

Application Process

People do not submit all of the required forms simultaneously. They begin the process by filing the Form I-130 and the Form I-130a. It is crucial that the I-130 packet is filled out correctly and completely and that all supporting evidence is submitted together with it. If the packet is incomplete, the USCIS may deny the petition or send a request for evidence. In addition to submitting the I-130 and I-130a forms, people need to submit the $535 fee, the proof of the petitioner’s status, a copy of the marriage certificate, proof that prior marriages were terminated, passport pictures, and evidence the marriage is real. Once the USCIS approves the petition, the applicants submit the DS-260 together with the fee and complete the medical examination. They will then go to an interview at the U.S. Embassy and receive their visas in their passports. After paying the immigrant fee, they can travel to the U.S. and will receive their green cards in the mail in about four weeks.