Chicago Spouse Visa Lawyer
If you live in Chicago and are a U.S. citizen or lawful permanent resident, you may be able to sponsor your spouse to live permanently in the United States.
The immigration path available to your spouse depends on your immigration status, where your spouse currently lives, and whether you meet the requirements for sponsorship. A Chicago spouse visa lawyer can help you determine which process applies to your marriage and what you need to do next.
At Cho Immigration Law, we help couples understand what they need to prove, prepare the required petitions and supporting documents, and address issues that could affect their cases. With more than 30 years of immigration law experience, we can guide you and your spouse through each stage of the process.
“Your marriage is personal, and your immigration case should be approached that way. We take the time to understand your circumstances, identify the immigration path available to your spouse, and help you prepare for each step toward building your life together in the United States.”
(312) 853-3088 for a free consultation to get started.
Table of Contents
Can You Sponsor Your Spouse for a Visa?
Your immigration status determines which path you can use to petition for your spouse. Both U.S. citizens and lawful permanent residents can generally sponsor a qualifying spouse, but the visa category, availability, and steps involved may differ.
As a U.S. citizen, you may be able to help your spouse obtain an IR-1 or CR-1 immigrant visa. Spouses of U.S. citizens are considered immediate relatives, so these visas are not subject to annual numerical limits.
Lawful permanent residents typically petition for a spouse through the F2A family-preference category. Because the F2A category is subject to annual limits, visa availability can affect when your spouse can take the next step in the immigration process.
Your options may also change while the petition is pending. If you become a U.S. citizen during that time, you may be able to update your spouse’s case to the immediate-relative category. That change can affect the immigration path your spouse follows.
What Do You Need to Prove for a Spouse Visa?
A marriage certificate is an important part of your spouse visa case, but it is not the only evidence you need. You must show that your marriage is legally valid and that you and your spouse entered the marriage in good faith rather than primarily for an immigration benefit.
You may need to provide evidence that you and your spouse have built a life together. Depending on your circumstances, this may include joint financial records, leases or property records, insurance policies, photographs, travel records, correspondence, and other documents that show your shared life.
Prior marriages can also affect the documents you need. If you or your spouse was previously married, you must provide records showing that the prior marriage legally ended, such as a divorce decree, annulment, or death certificate.
Your case must also meet other immigration requirements. Your spouse must meet applicable admissibility requirements, while you, as the petitioner, generally must meet the financial sponsorship requirements and submit an Affidavit of Support. Preparing these documents carefully can help you present a clear and consistent case throughout the immigration process.
How Does the Spouse Visa Process Work?
The process generally begins when the sponsoring spouse files Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). The petition establishes the qualifying relationship between you and your spouse.
For a spouse applying for an immigrant visa from outside the United States, an approved petition generally proceeds to the National Visa Center (NVC). You and your spouse will then need to complete additional steps, including submitting the immigrant visa application, financial sponsorship documents, and required civil documents.
Your spouse must also complete a medical examination with an authorized panel physician and attend an immigrant visa interview at the appropriate U.S. embassy or consulate. The consular officer will review eligibility and determine whether the visa can be issued.
(312) 853-3088 for a free consultation.
What Could Delay or Complicate Your Spouse Visa?
Missing documents, financial sponsorship problems, prior immigration violations, and questions about your marriage can delay your case or require additional evidence.
Your spouse’s immigration history matters. A previous visa overstay, misrepresentation, certain criminal history, or another potential ground of inadmissibility may affect eligibility. Some circumstances may allow a waiver, but eligibility depends on the specific issue.
Inconsistent information can also create problems. The information you provide on petitions, visa applications, supporting documents, and during the interview should accurately reflect your circumstances.
If you know there may be a problem with your case, addressing it before filing or before your spouse’s interview can help you understand your options.
What Happens If You Have Been Married for Less Than Two Years?
If your marriage is less than two years old when your spouse obtains permanent resident status, your spouse will generally receive conditional permanent residence for two years.
For a spouse entering the United States with an immigrant visa, this is generally known as CR-1 status. Conditional permanent residence is still lawful permanent residence, but your spouse must later take an additional step to remove the conditions.
You and your spouse generally file Form I-751 during the 90-day period before the conditional green card expires. USCIS will again consider whether the marriage was entered into in good faith. Waivers of the joint-filing requirement may be available in certain circumstances.
If you have already been married for at least two years when your spouse obtains permanent residence, your spouse generally receives permanent resident status without the two-year marriage condition.
How Can a Chicago Spouse Visa Lawyer Help You?
If you live in Chicago and want to bring your spouse to the United States, a spouse visa lawyer can help you determine which immigration path applies to your marriage and what you need to do at each stage. Your attorney can also help you understand which parts of your case are handled through USCIS, the National Visa Center, and the U.S. embassy or consulate handling your spouse’s visa application.
We can help you prepare the I-130 petition, organize evidence of your bona fide marriage, address financial sponsorship requirements, prepare for consular processing, and respond if USCIS or the NVC requests additional information.
We can also review issues that may affect your spouse’s eligibility before they create unexpected problems. If your circumstances change while the case is pending, we can explain how those changes may affect your petition and the next steps available to you.
FAQs About Spouse Visas
Spouse visa cases can raise questions about timing, eligibility, prior marriages, and what happens after you file. These answers address several issues you may encounter during the process.
How Long Does It Take to Get a Spouse Visa?
There is no single processing time that applies to every spouse visa case. Timing can depend on USCIS processing, visa availability when applicable, NVC processing, the U.S. embassy or consulate handling your spouse’s case, and whether additional documents or administrative processing are required. Delays can also occur when information or supporting documents are missing.
Can You Sponsor Your Spouse If You Were Married Before?
A previous marriage does not automatically prevent you from sponsoring your current spouse. However, you must establish that all prior marriages legally ended before your current marriage began. You may need to provide final divorce decrees, death certificates, annulment records, or other appropriate documentation for prior marriages involving you or your spouse.
Can Same-Sex Couples Apply for a Spouse Visa?
Yes. Same-sex spouses can qualify for U.S. immigration benefits under the same general rules that apply to opposite-sex spouses. Your marriage must be legally valid for immigration purposes, and you must satisfy the same requirements for establishing the marital relationship, financial sponsorship, admissibility, and other applicable spouse visa requirements.
What Happens If Your Spouse Visa Is Refused?
A visa refusal does not always mean your spouse has no further immigration options. The next step depends on why the visa was refused. Your spouse may need to provide missing information, undergo additional administrative processing, or address a ground of inadmissibility. In some cases, a waiver may be available. An attorney can review the reason for the refusal and explain possible next steps.
Ready to Discuss Your Spouse Visa Options?
Whether you live in Chicago or the surrounding area and are beginning the process of bringing your spouse to the United States, responding to a request for additional evidence, or concerned about an issue that could affect your case, our team can help you understand your options and prepare for the next step.
(312) 853-3088 for a free consultation with a Chicago spouse visa lawyer and discuss the next steps for you and your spouse.
Testimonial
Our family has been a client of Attorney Bonita Cho since 2004. She has helped us in processing 5 of our Immigration cases until this year. Atty. Cho & her team are extremely professional/skillful about Immigration law. In late 2012, my wife had initially filed her Naturalization petition by herself, without foreseeing the complications in her case, which had later triggered a RFE during her N400 interview. After 9 months of our no-luck follow-up with USCIS, our Uncle referred us to Attorney Bonita, who had helped 3 of our family members in the past. She then helped my wife my getting out of the USCIS black hole & my wife got her Citizenship within couple of months of Attorney Bonita’s assistance and eventually Attorney Bonita also helped me in getting my Family Based Green Card within 3 months of filing.
Currently I refer my friends/colleagues to Attorney Bonita for their Immigration needs & they all’ve found her to be very helpful. Feel free to give her a call for expert guidance with your Immigration matters.
Good Luck!