If the foreign spouse still resides in another county, you need to apply for CR1 or IR1 visas. This process is called "Consular Process."
If your foreign national spouse legally entered into and resides in the United States, please click here.
Q. What are the requirements to apply for an immigrant visa for my foreign spouse?
A. There are 4 requirements.
4 Requirements to Apply for An Immigrant Visa for Your Spouse (Green Card)
1. The petitioner is a U.S. citizen or a legal permanent resident.
2. The marriage is legal in the United States (both parties are either single or divorced).
3. The petitioner (a U.S. citizen or a legal permanent resident) has enough income to support his/her non-US citizen spouse.
4/ The Married couple reside in the United States (if not, you can proceed with the consular process as below).
The U.S. Department of Homeland Security has implemented the Inadmissibility on Public Charge Grounds final rule. Under the final rule, DHS will look at the factors required under the law by Congress, like an alien’s age, health, family status, assets, resources, and financial status, education and skills, among others, in order to determine whether the alien is likely at any time to become a public charge. The rule now applies nationwide, including in Illinois.
Q. How long does it take for my spouse to obtain her immigrant visa?
A. It can take approximately 1 year (depending on which country your spouse resides in) to obtain an immigrant visa for your foreign spouse if there is no special circumstances to be considered in your case.
Q. Is my foreign spouse going to receive an immigrant visa or a green card?
A. Your foreign spouse will receive CR1 or IR1 visa prior to your entry to the United States AND he/she will receive a green card upon your entry.
Q. What is the difference between CR1 visa and IR1 visa?
A. Both are immigrant visa issued to an alien who wishes to enter the U.S. to live and stay with their U.S. citizen or permanent resident spouse. The “CR” from CR1 stands for conditional resident and is applicable to couples who’ve been married fewer than 2 years. The “IR” from IR1 stands for immediate relative and is applicable for couples who’ve been married 2 years or longer.
Q. How much are the filing fees?
A. Filing fees: $1200 (plus $200~400 for medical exam, depending on your locality)
These fees need to be submitted in checks or money order drawn from U.S. financial institution and payable in U.S. funds; NEW now you can pay your filing fees with a credit card.
Breakdown of the filing fees:
Visa application fee: $325
Affidavit of Support: $120
USCIS Immigrant fee: $220
Not all the filing fees are due at the initial filing. Only $535.00 is due at the initial filing of your petition.
Q. how can I make a payment of attorney fees?
A. We accept personal checks, money orders, credit cards, and wire transfer.