Spouse Visa Questions and Answers
Question 1. I am a U.S. citizen. Do I have to file a separate I-130 petition for my spouse and each child?
Answer. Yes. The spouse and under 21 years of age children of a US citizen are immediate relatives, and a separate I-130 petition is required for each family member.
Question 2. Do I have to file a separate I-130 for my spouse and each child if I am a Permanent Resident?
Answer. No. All children under 21 years of age can be included as derivative beneficiaries/family members in the spouse’s I-130 petition. However, it may be better for you to file a separate I-130 petition for each family member
First, for example, if you file an I-130 petition for your spouse and include all children in the I-130 petition. If your spouse dies or becomes ineligible for a visa, or you get divorced, your children will be ineligible for visas. However, if you file a separate petition for each child, you will not face this problem.
Here is another example. As a green card holder, you file only one I-130 petition for your spouse and children. Later you become a U.S. citizen. Only your spouse will be eligible for a visa, and you will have to file an I-130 petition for each child.
Question 3. Why did my spouse receive a conditional green card ( CR1)?
Answer. The CR-1 visa is intended for spouses who have been married for less than two years at the time the foreign beneficiary spouse enters the US. Upon entry to the U.S., the foreign national spouse is granted conditional permanent residency and receives a green card that is valid for two years. Within 90-day period before your green card expires, you must file Form I-751 to remove the conditions on residence and obtain a 10-year green card.
Question 4: My green card has IR1 instead of CR1. What can I do now?
It is possible that USCIS issued an IR1 category green card instead of a CR1, even though you entered the US with a CR1 visa before the second anniversary of your marriage. You should file form I-90 to correct the mistake. Even if the USCIS does not correct this mistake, within the 90-day period before your conditional permanent residency expires, you must remove conditions on your permanent residence by filing Form I-751.
Family Visa Petition Details
Please click the links below to learn more details about different types of family petitions and visas.
(1) Spouse Visas (marriage visas)
(2) K1 Finance Visas
(3) Family Petition for parents, children, and siblings
(4) CSPA – Children’s age-out
Our Expertise and Services:
Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.
Follow-up Assistance:
After the petition/visa is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.
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Clients Comments
At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.
Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.