The Love Connection, Part One

How do spouses, children and fiances get into the United States? I asked Prem Kumar, who runs Visa Tutor, to describe what happens. Here we talk about the process for spouses and children. In the next installment, we discuss fiances.

Anywhere from 150,000 to 200,000 visas are issued every year to spouses of U.S. citizens and their children. The U.S. sponsor petitions his or her family and provides necessary documentation before the foreign spouse and children attend an interview.

The approval rate for these visas (CR1/IR1 and CR2/IR2) is very high, about 90%. But the entire process can take up to two years to complete.

The person in the United States needs to be either an American citizen or a permanent resident. Proof of marriage is required. Both the U.S. and foreign spouse cannot have a disqualifying criminal record.

Further, there has to be evidence that the spouse and children will not be a financial burden on government assistance – the public charge rule. The most common problem is that petitioners don’t meet minimum income requirements or aren’t able to provide enough assets to qualify.

The foreign spouse and any accompanying children attend an in-person interview. They present documentation to prove eligibility and answer any questions an immigration official may have regarding the relationship. Common questions include: “When did you marry? How? Where? Where does your spouse work?”

For a more complete description, go here.

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