When a U.S. military member marries a foreign citizen, one of their main concerns is often securing U.S. citizenship for the spouse. This intricate process involves several steps, including visa applications and naturalization procedures.
Start by applying for a visa
The initial step in this process is applying for the appropriate visa, either the CR-1 (Conditional Resident) or IR-1 (Immediate Relative) visa. The CR-1 visa applies to spouses married for less than two years, while the IR-1 visa is for those married longer. The U.S. citizen spouse must begin by filing Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS).
Upon approval of Form I-130, 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 the spouse meets all conditions after the interview, the USCIS will grant a visa to enter the U.S. as a permanent resident.
Timeline for the process
The timeline for this process can vary widely, typically ranging from 12 to 24 months. To account for any unforeseen delays, starting the process as early as possible is advisable, ideally right after the couple is married. Military personnel should note that special provisions and expedited processes are available for them, which can reduce the waiting time.
Addressing government concerns about the application’s validity
Occasionally, the USCIS may question the validity of the marriage, particularly if there are discrepancies in the documentation or if the relationship appears to be a marriage of convenience. In such cases, the couple may need to provide additional evidence proving the legitimacy of their marriage. This 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 is available
Navigating immigration law can be notoriously complex and challenging without proper guidance. Families often benefit from working with an experienced immigration attorney who can provide valuable assistance throughout the process. By seeking professional help, couples may significantly increase the chances of a successful application.
