Bringing your spouse to the United States can be a complicated process that requires navigating immigration laws and paperwork. However, if done correctly, it can be accomplished in a timely manner. This article will explore the fastest options for spousal immigration to the U.S. and provide guidance on how to successfully complete the process.
Overview of Spousal Immigration Process
In general, the process for a U.S. citizen or permanent resident to sponsor their foreign spouse for U.S. residency involves three main steps:
- Filing Form I-130 Petition for Alien Relative
- Filing Form I-485 Application to Register Permanent Residence or Adjust Status
- Attending the visa interview at the U.S. consulate (for spouses abroad)
The I-130 establishes the relationship between the sponsor and the foreign spouse. The I-485 is the actual green card application. Those already in the U.S. can “adjust status” through the I-485, while those abroad will need to attend a visa interview after I-485 approval in order to obtain their immigrant visa.
There are a variety of factors that impact the processing timelines, such as where the spouse resides, the volume of applications received, and whether the sponsor is a U.S. citizen or permanent resident. However, using the fastest options can shrink the wait time to between 5 and 13 months in many cases.
Fastest Option 1: Direct Consular Filing
For spouses who reside abroad, the fastest method for obtaining a green card is direct consular filing with the National Visa Center (NVC). This involves filing Form I-130, then sending the I-130 approval notice along with Form I-864 Affidavit of Support and Form DS-260 Application for Immigrant Visa directly to the NVC. The NVC will then coordinate with the embassy or consulate nearest where the spouse lives to schedule the visa interview.
Consular filing bypasses the need to file I-485 and shortens the process by up to 6 months. Once the visa interview is passed, the spouse can immigrate to the U.S. on their IR-1 or CR-1 immigrant visa usually within 2-4 weeks.
Consular Filing Process
- File I-130 petition with USCIS and get approval notice
- Complete DS-260 and I-864 and submit to NVC with I-130 approval
- Attend visa interview when scheduled
- Obtain IR-1/CR-1 visa and immigrate to U.S.
One caveat is that some U.S. consulates have extremely long visa wait times after the DS-260 is processed by NVC. This can add several months or more to the timeline. Check the current visa appointment wait times for the specific embassy where your spouse will have their interview.
Fastest Option 2: Early I-485 Filing
For spouses who are already residing in the United States on a nonimmigrant visa, the fastest method is filing the I-485 application to adjust status as early as possible. The I-485 can be filed concurrently with the I-130, or even before the I-130 is approved if the spouse is in lawful nonimmigrant status.
There are a few different scenarios for early I-485 filing:
- File with pending I-130 – As soon as I-130 receipt notice arrives, file I-485 even if I-130 is still pending
- File before I-130 approval – If spouse entered legally, file I-485 while I-130 is pending as long as status has not expired
- File after I-130 approval – Once I-130 is approved, immediately file I-485
The main advantage of early filing is it allows the I-485 application to be pending and thus accrue time toward processing even while waiting on the I-130. This can shave several months off the total timeline compared to filing I-485 after I-130 approval.
Early I-485 Filing Process
- File I-130 petition with USCIS
- Once receipt notice arrives, immediately file I-485
- Attend biometrics and interview when scheduled
- Obtain 2-year conditional green card upon approval
While early filing is the fastest option, it is important the foreign spouse maintains lawful nonimmigrant status while the I-485 is pending. Filing after unlawful presence has accrued can lead to bars that delay the process.
Fastest Option 3: K-3 Nonimmigrant Visa
If the foreign spouse is living abroad, another faster alternative to consular processing is the K-3 nonimmigrant visa. This allows the spouse to enter the U.S. on a nonimmigrant visa while the I-130 remains pending.
To obtain a K-3 visa, the I-130 is filed first. Then, Form I-129F Petition for Alien Fiancé(e) is submitted along with an application for a K-3 nonimmigrant visa. This process can take 5-8 months. Once issued, the K-3 visa allows the spouse to immigrate to the U.S. immediately and file for adjustment of status.
K-3 Visa Process
- File I-130 petition with USCIS
- File I-129F and apply for K-3 visa
- Obtain K-3 visa and enter U.S. as nonimmigrant
- File I-485 to adjust status to permanent resident
While the K-3 cuts down on time abroad waiting for an immigrant visa, overall processing times are similar to consular filing. But it does allow the spouse to join the sponsor in the U.S. sooner during the process. The downside is the extra steps involved with applying for the K-3 visa itself.
Other Factors That Impact Timeline
In addition to using the fastest processing options, there are some other key factors that can affect the timeline for spousal immigration:
- Where spouse resides – Processing times vary at U.S. consulates around the world
- Sponsor’s immigration status – U.S. citizen sponsors see faster timelines vs. permanent residents
- Past immigration violations – Unlawful presence or immigration fraud add delays and complications
- Case complexity – Prior marriages, arrests, health issues all lengthen the process
Here is an overview of the different ranges for spousal green card processing based on the sponsor’s status:
| Sponsor Status | Spouse Abroad | Spouse in U.S. |
|---|---|---|
| U.S. Citizen | 5-13 months | 10-16 months |
| Permanent Resident | 10-18 months | 12-21 months |
These time ranges represent the typical minimum and maximum processing times based on using the fastest available options. Factors that add complexity could extend the timeline up to several years in some cases.
Steps for Sponsors to Speed Up the Process
While a lot depends on the government’s processing, there are some key steps sponsors can take to help speed up the spousal immigration process:
- File forms as early as possible to get in line for processing
- Double check forms are accurate and complete before filing
- Provide abundant proof of genuine relationship with spouse
- Get any requested evidence to USCIS quickly
- Hire an experienced immigration attorney for guidance
Having all documentation ready proactively and promptly responding to any requests for additional evidence will keep things moving optimally. Hiring legal counsel also cuts down on mistakes that cause delays.
Conclusion
Bringing a foreign spouse to the United States can be accomplished in as little as 5-7 months if using the fastest processing options and properly preparing the immigration petitions and applications. Taking advantage of options like direct consular filing and early adjustment of status filing is key to expedite the process.
Working promptly to get all forms filed accurately and providing strong relationship evidence will also give the best chance for swift approval. While there are variables outside one’s control, being organized, prompt and proactive can shave many months off the processing timeline and bring a spouse to the U.S. much faster.