Three Things to Know About Applying for a Spousal Visa

Marriage is one of the most straightforward ways to immigrate to the United States. Indeed, there were approximately 20,000 spousal visas issued in 2023 alone (U.S. Department of State). With that being said, a green card through marriage can still be challenging to obtain. At Escobar Law Offices, we are here to help people and families navigate immigration issues. Within this article, our Annandale family immigration lawyer highlights three key things that you need to know about spousal visa applications.

1.    You Must Prove that You and Your Spouse are in a Bona Fide Marriage

There are no statutory caps on the number of spousal visas that can be issued by American immigration officials. In other words, if you meet the legal requirements, you and your spouse can be approved for this type of visa right away. There is no line to wait in. With that being said, your marriage will be carefully reviewed. A lawful marriage certificate is necessary, but it is not sufficient. Immigration adjudicators require proof that the marriage is bona fide, meaning it was entered into for genuine marital purposes and not to evade immigration law. Along with other things, relevant evidence may include joint financial records, shared housing documentation, correspondence, photographs, and affidavits from people with firsthand knowledge of the relationship. Gaps or contradictions could cause problems for your spousal visa application.

2.    The Process and Specific Requirements Depend (in Part) on Where the Spouse is Located

Where the foreign partner (spouse) currently resides is a relevant factor in the spousal visa application process. It will impact how the process works and the requirements that must be satisfied. A spouse abroad typically proceeds through consular processing after petition approval. On the other hand, a spouse already in the United States may apply for adjustment of status if otherwise eligible. Each path carries its own distinct rules, responsibilities, and risks. If you have any specific questions or concerns, a Virginia spousal visa attorney can help.

3.    Financial Sponsorship Is Mandatory and Very Strictly Enforced

The American citizen who is applying to get a visa for their spouse must prove that they have the financial capacity to support him or her. That is a legal requirement and it is very strictly enforced by American immigration officials. Every spousal visa requires a binding financial sponsorship by the U.S. citizen or lawful permanent resident spouse. The sponsor must meet minimum income thresholds based on household size. These requirements are not flexible. If income is insufficient, assets or a qualifying joint sponsor may be required. The government treats this obligation as enforceable. A sponsor remains financially responsible for the immigrant spouse until citizenship, sufficient work credits, or permanent departure from the United States. To be clear, even a divorce does not terminate that financial obligation.

Call Our Virginia Family Immigration Attorney Today for Help With a Spousal Visa

At Escobar Law Offices, our Virginia family immigration lawyer provides compassionate, solutions-focused guidance and support. If you have any questions about the spousal visa application process, we are here to help. Contact us today to set up your completely confidential, no obligation initial appointment. With an office in Annandale, we handle family immigration cases throughout the broader region in Northern Virginia.

Source:

travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics.html