If you're considering or planning to apply for a spousal visa or marriage-based green card in the United States, this article is for you. We understand that navigating the U.S. immigration system can be complex and overwhelming. That's why we've put together this comprehensive guide to help you understand the process, requirements, and options available to you.

In this article, we'll be discussing the two main processes for applying for a spousal visa in the United States: [adjustment of status](/immigration-resources/change-status-b1-b2-marriage-green-card-guide) and consular processing. The process you'll follow depends largely on where you're currently living—within the United States or abroad. 

Adjustment of status is the process followed when the spouse seeking a green card is living and applying from within the United States. This process involves filing the family sponsorship form (I-130) and adjustment of status application (I-485) together, a process also known as concurrent filing. Applications filed from within the U.S. are handled by [U.S. Citizenship and Immigration Services (USCIS)](/immigration-resources/uscis-processing-times-guide), a part of the U.S. Department of Homeland Security (DHS).

On the other hand, consular processing is the procedure followed when the spouse seeking a green card is living and applying from abroad. This process involves officers at U.S. consulates and embassies, and applications are handled by the [National Visa Center (NVC)](https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center.html^), a part of the U.S. Department of State.

Each process has its own timeline, application forms, supporting documents, and costs, but the eligibility requirements are the same for both. While most couples do not have a choice between the two processes, some may be able to choose the approach that best suits their circumstances and goals.

Whether you're a U.S. citizen or resident married to a foreign national, or a foreign national married to a U.S. citizen or resident, this guide is designed to provide you with the information you need to navigate the spousal visa application process. Let's get started.

Understanding Spousal Visa or Marriage-Based Green Card

Before we delve into the application processes, it's important to understand what a spousal visa or marriage-based green card is. Essentially, a spousal visa or marriage-based green card allows the foreign spouse of a U.S. citizen or lawful permanent resident to live and work in the United States.

Obtaining a spousal visa or marriage-based green card can open up numerous opportunities. It provides the holder with the legal right to reside and seek employment in the U.S., and it's a significant step towards acquiring U.S. citizenship, should that be your goal.

Now, let's talk about eligibility. To qualify for a spousal visa or marriage-based green card, you must meet the following requirements:

Remember, this is a general overview of the eligibility requirements. The specific details may vary depending on your individual circumstances, so it's always a good idea to consult with an [immigration attorney](/immigration-resources/immigration-parole-guide) or expert to understand how these requirements apply to you.

Applying for a Spousal Visa from Within the United States (Adjustment of Status)

If you're currently living in the United States and are married to a U.S. citizen or lawful permanent resident, you may be eligible to apply for a spousal visa or marriage-based green card through the process known as adjustment of status. Here's a step-by-step guide on how to go about it:

Please note that this is a general guide and the specific steps may vary depending on your individual circumstances. Always consult with an immigration attorney or expert to understand how these steps apply to you. Also, keep in mind that the adjustment of status process can take several months, so patience is key.

Applying for a Spousal Visa from Abroad (Consular Processing)

If you're currently living outside the United States and are married to a U.S. citizen or lawful permanent resident, you'll need to go through the consular processing procedure to apply for a spousal visa or marriage-based green card. Here's how the process typically works:

Remember, this is a general guide and the specific steps may vary depending on your individual circumstances. Always consult with an immigration attorney or expert to understand how these steps apply to you. Also, be aware that consular processing can take several months to over a year, so patience is key.

Choosing Between Adjustment of Status and Consular Processing

In some cases, couples may have a choice between applying for a spousal visa or marriage-based green card through adjustment of status or consular processing. This typically happens when the foreign spouse is already in the U.S. legally, such as on a student or work visa. 

If you find yourself in this situation, here are some factors to consider when choosing between the two processes:

Remember, choosing the right process for your situation is a crucial decision that can impact the success of your application. Always consult with an immigration attorney or expert to understand which process is best suited to your circumstances and goals.

Navigating the process of applying for a spousal visa or marriage-based green card in the United States can be a complex journey. However, with the right information and guidance, it's a journey that can lead to a rewarding destination: the ability to live and work in the U.S. alongside your spouse.

In this article, we've covered the two main processes for applying for a spousal visa in the U.S: adjustment of status and consular processing. We've also outlined the eligibility requirements and provided a step-by-step guide for each process. 

Remember, whether you're applying from within the U.S. or from abroad, the key to a successful application is understanding the process, meeting the requirements, and providing the necessary supporting documents. It's also crucial to stay patient, as the process can take several months or even over a year.

Finally, while this guide provides a comprehensive overview, it's always a good idea to consult with an immigration attorney or expert. They can provide personalized advice based on your specific circumstances and help you navigate any potential challenges that may arise during the application process.

We hope this guide has been helpful and wish you the best of luck on your journey towards obtaining a spousal visa or marriage-based green card in the United States.

Planning to live and work in the U.S. with your spouse? This guide explains the process of applying for a spousal visa or marriage-based green card. It covers both status adjustment for those already in the U.S. and consular processing for those abroad. Remember, meeting eligibility requirements and providing necessary documents is crucial. Consult an immigration expert for assistance if needed.

U.S. Spousal Visa Application: A Comprehensive Guide

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My-Visa-USA is not affiliated with any United States government agency and does not represent any government entity, embassies, or consulates. Our services include advice and assistance throughout the visa application, immigration, or citizenship process. However, the final decision on the visa application is made by the Consular Officer of the United States Embassy or Consulate.

Our company specializes in consultancy for obtaining US visas. We provide support services and handle the paperwork on your behalf. In addition, we have experts dedicated to each step of the process to increase your chances of approval for the US visa.

No, although we have the experience of several immigration lawyers with whom we work, we do not offer legal services. We only provide you with digital tools and proven expertise to increase your chances of acquiring the US visa. If you need legal advice, we can put you in touch with one of our associated lawyers.

The duration depends on several factors, including the capacity of the United States Embassy or Consulate in your country.

The fee required by the United States government is paid whether the visa is accepted or not, and it is non-refundable. Our advice aims to increase the likelihood of your visa being approved.

If there is not enough time for you to be granted a visa, or if you prefer not to apply for one, it is preferable that your company changes the route and chooses one that does not go through the United States.

The possibility of obtaining a visa more quickly depends on: 1. The need to travel due to the death of an immediate relative or serious illness, 2. You or a minor child requiring urgent medical treatment, 3. Attending an urgent business meeting, 4. Making an unexpected visit for various reasons. To learn about other cases in which you may be able to travel more quickly, start the visa application process, or request more information, do not hesitate to contact us.

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