Starting the
visa process (English version)
First of all, to apply for
a spousal visa, you should have married a U.S. citizen. A conditional
resident may also apply for a spousal visa, but the most common procedure is
the American citizen petitioning for alien relatives. If you have
children, the U.S. citizen may also petition a visa for them yet the children
do not participate in the process as dependents but as principal applicants,
and it also means that the fees will be paid separately. Petitions must be
assembled separately but sent together, this action facilitates the work of the
immigration agency (USCIS) and your part too, since when they deal with family
cases, they try to keep the petitions together, approve them together and send
them together to NVC (National Visa Center) and eventually to the consulate of
your country. Interviews are scheduled on the same day and children should
undergo medical examination, as well as attend the interview. Given all
this, the visa that will be requested for this case is the CR-1/IR-1
(Conditional Resident-1/Immediate Relative-1). If you have been married
for more than 02 (two) years, NVC will put you in the IR-1 category and you
should receive a Green Card valid for 10 years generally a few weeks upon entry
into the U.S., you can work, study and travel with that, and after 03 (three)
years of residence, should you have not caused any trouble and if everything
goes on well, you can apply for U.S. citizenship (acquired by naturalization,
after application of a test based on American history). If you got
married recently (less than 02 years of marriage), NVC will probably put you in
the CR-1 category, and 3 months before the couple completes 02 years of
marriage, you should apply for the process of ROC (Removal of
Conditions). Still can work, study and travel, but will be considered
eligible to apply for citizenship only after 05 (five) years.It is important to
remember that any change of address should be informed so your documents are
sent to the correct location. The petition that will be prepared for a
spousal visa is the I-130 (Petiton for Alien Relative) and should be sent to
the USCIS (you will want to check what is your office according to your
American address). The average processing time is 7-8 months, but the
USCIS informs on their website that it should not take more than five months
for the first approval, it is a goal that was established, but difficult to
achieve since the amount of petitions is high. The couple must pay
attention to the evidence of their relationship. When they are together
they must gather a variety of possible evidence to support their claims,
since the amount of fraud is also high. It serves photos together, with the
whole family together, airline tickets, reservations and hotel bills, rental
cars, facebook relationship status, exchanged emails, chat history online
(messenger, facebook, yahoo, skype), wedding rings receipt, affidavits from
family members stating the bona fide relationship, etc. Anything that
shows the couple's love affair. Patience is the key needed since the
waiting time is long and distance does not help. It took me months to fully
understand the whole process, it seems quite difficult at first, but after
several readings it finally sinks into your brain. I will try to detail
all the steps, showing the participation of children, since I have noticed that
the information in this regard is lacking and inaccurate. I hope this will help friends,
thank you!
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