Marriage Visa Lawyer IN PORTLANd
Most people are full of questions when trying to navigate the marriage visa process, especially when you’re trying to bring your spouse to the United States as quickly as possible. Working with an experienced marriage visa lawyer can make all the difference. At Ginsburg and Perez, we understand how important it is to reunite families, and we’re here to guide you through every step. From filing the initial petition to preparing for the interview, your marriage visa attorney will make sure your case is handled accurately, efficiently, and with the care your relationship deserves.
What Is A Marriage Visa?
A marriage visa, often referred to as a CR-1 or IR-1 visa, allows the foreign spouse of a U.S. citizen to legally move to the United States and become a permanent resident. It’s meant to reunite married couples who are living in different countries and gives the spouse permission to live and work in the U.S. without needing a separate work visa.
Who Qualifies for a Marriage Visa?
To qualify for a marriage visa, both the U.S. citizen and their foreign spouse must meet certain requirements to prove the marriage is real and legally valid. Here’s what’s generally required:
● A legal marriage recognized by both countries
You must be legally married. Civil, religious, or court marriages are accepted as long as they’re valid where they took place.
● One spouse must be a U.S. citizen or lawful permanent resident
Only U.S. citizens and green card holders can petition for a foreign spouse.
● Proof the marriage is genuine
You’ll need evidence that your relationship is real, things like photos together, travel records, joint accounts, and messages help prove it’s not just for immigration purposes.
● Both spouses are legally free to marry
Any prior marriages must have been legally ended through divorce, annulment, or death before the new marriage took place.
● Financial ability to support the spouse
The U.S. petitioner must show they meet the minimum income requirements to financially support their spouse once they come to the United States.
● Background and security checks
The foreign spouse must pass medical, criminal, and security screenings before being approved for the visa.
The Marriage Visa Process
The marriage visa process begins when a U.S. citizen or lawful permanent resident files a petition to prove their relationship with their foreign spouse. Once the petition is approved, the case moves through several government agencies, each responsible for confirming different details of the relationship. This includes financial eligibility and background checks. This step-by-step process ensures that every marriage visa issued is based on a genuine and legally valid relationship.
After the petition is accepted, the case is handled by the National Visa Center, which collects the necessary documents and fees before sending everything to the U.S. Embassy or Consulate in the spouse’s country. The foreign spouse then attends a medical exam and an in-person interview to verify the information provided. If the visa is granted, they can travel to the United States, where they automatically become a permanent resident upon arrival. The process can take patience and careful organization, but it’s designed to make sure families are brought together under the right circumstances.
How Long Does It Take?
The typical processing time for a marriage visa is around 2-3 years from start to finish. However, plan on this process to take longer if you’re a permanent resident filing for your husband or wife. We’ve broken down the marriage visa wait time process below:
1. Filing the Petition (Form I-130)
The process starts when you file Form I-130, Petition for Alien Relative, with USCIS. This step confirms that your marriage is legally valid and that you’re eligible to apply for your spouse. On average, this part takes about 17 months.
2. USCIS Approval and Case Transfer to the NVC
The I-130 is sent to the National Visa Center usually within a month of approval. The case progresses as quickly as the parties provide the NVC with the requested documents and information. The NVC usually confirms receipt of all documents and information within a month, and the person is placed into the queue for a visa interview.
3. NVC Processing and Interview Scheduling
After your paperwork is reviewed, the NVC will schedule your spouse’s interview at the U.S. Embassy or Consulate in their home country. Interviews are scheduled based on availability.
4. Visa Interview and Approval
At the interview, your spouse will answer questions about your relationship and provide supporting documents. If everything checks out, their CR-1 or IR-1 visa is typically approved at the interview. If the case is sent for administrative review, the case could take up to a month for a decision.
5. Arrival in the United States
Once your spouse enters the U.S. with the CR-1 or IR-1 visa, they become a lawful permanent resident immediately. The visa in their passport acts as temporary proof of their permanent residence until the physical green card arrives in the mail.
6. Receiving the Green Card
The green card usually shows up about 6-8 weeks after arrival. It serves as official proof that your spouse is a permanent resident and free to live and work anywhere in the U.S.
The Marriage Visa Interview
The marriage visa interview is one of the most important parts of the process. During the interview, a consular officer will review your paperwork and ask questions about your relationship, daily life, and plans together. It usually takes place at the U.S. Embassy or Consulate in your spouse’s home country and can last anywhere from 15 to 30 minutes. Honesty and consistency are key. Remember that officers aren’t looking for perfect answers, just genuine ones that show your relationship is authentic.
Here are some common questions your spouse can expect to be asked:
1. How and where did you meet your spouse?
2. When did you get married, and where was the ceremony?
3. Who attended your wedding?
4. What do you and your spouse like to do together?
5. How do you communicate when you’re apart?
6. What does your spouse do for a living?
7. Where does your spouse live?
8. Have you met each other’s families?
9. What are your future plans once you’re together in the United States?
10. Can you describe your spouse’s daily routine or hobbies?
The Visa Approval Process
After the marriage visa interview, the consular officer reviews your spouse’s answers and documents to decide whether to approve the visa. Once approved, the embassy keeps your spouse’s passport to place the visa inside and returns it with a sealed packet of immigration documents. That packet must stay sealed and be handed to U.S. Customs and Border Protection when entering the United States.
How Long Does Approval Take
In most cases, visa approval comes fairly quickly after the interview, usually taking around two to four weeks. However, the exact timing can vary depending on the embassy’s workload, how busy they are during that season, and whether any additional background checks or documents are needed. Some applicants hear back within just a few days, while others may wait a bit longer if extra processing is required.
Marriage Visa Cost
The cost of a marriage visa can add up, so it’s helpful to know what to expect upfront. The main fees include the Form I-130 filing fee, which is about $675 if filed by mail, or $625 online, and the NVC processing fees, totaling about $445 for the visa application and affidavit of support. Keep in mind you might also need to pay for a medical exam, translations, and travel costs for the interview. Altogether, most couples spend between $1,200 and $1,800 in government fees, excluding lawyer fees, throughout the entire process, depending on where the spouse lives and any extra documentation required.
Talk to a Marriage Visa Attorney Today
Bringing your spouse to the United States is an exciting step, but it also requires accuracy and great attention to detail. Even small mistakes or missing information in your application can cause major delays or, in some cases, lead to a denial. Working with an experienced marriage visa attorney ensures everything is handled correctly from the start. At Ginsburg and Perez, we understand how important this process is, and we’re happy to help you get started right away.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
