When a member of the U.S. military (or other U.S. citizen) marries a foreign citizen, one of their primary concerns often revolves around securing U.S. citizenship for their spouse. This process involves several steps, including visa applications and naturalization procedures.
Applying for a visa
The first step is applying for the appropriate visa, which is either the CR-1 (Conditional Resident) or IR-1 (Immediate Relative) visa. The CR-1 visa is for spouses married for less than two years, while the IR-1 is for those married longer. The process begins with the U.S. citizen spouse filing Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS).
Once Form I-130 is approved, the foreign spouse must attend an interview at a U.S. embassy or consulate in their home country. They must also submit various documents, including a medical examination and police clearance certificates. If everything is in order after the interview, the spouse will be granted a visa to enter the U.S. as a permanent resident.
Timeline for the process
The timeline for this process can vary significantly. On average, it can take anywhere from 12 to 24 months. To account for any unforeseen delays, it is advisable to start the process as early as possible, ideally as soon as the couple is married. Military personnel should also be aware that there are special provisions and expedited processes available for them, which can help reduce the waiting time.
Addressing government concerns about the application’s validity
In some cases, the USCIS may question the validity of the marriage. It usually happens if there are discrepancies in the documentation or if the relationship appears to be a marriage of convenience. If this occurs, the couple will likely need to provide additional evidence proving their marriage’s legitimacy. The evidence can include photographs, joint financial statements, and affidavits from family and friends. If the government remains unconvinced, they may deny the visa application. However, the couple has the right to appeal this decision.
Help often needed
Immigration law is notoriously complex and challenging to navigate without proper guidance. It is often beneficial to consult with an experienced immigration attorney who can provide valuable assistance throughout the process, ensuring all paperwork is correctly filed and deadlines are met. By seeking professional help, couples can significantly increase the chances of a successful application.