How to petition your spouse as immigrant in the U.S.?
This type of visa is for the married spouse of a U.S. citizen, wherein a marriage took place outside the land soil of the United States, one may qualify to apply for an immigrant visa (IR1 or CR1). As an immediate relative (spouse) of a U.S citizen, who lives in the U.S.’s domicile, the sponsor would need first to file the petition for Alien relative Form I- 130, where this form is available at USCIS website, the instruction guide, notification of acceptance, the address of the lockbox facility on where to file your petition, near to the sponsor’s residence address and pay appropriate application fee at USCIS.
When the petition of the Alien relative has been approved, it will be sent to the Visa Center (NVC) and NVC allocate a case number for the approved petition and inform the applicant to complete the Form DS- 261-an online choice of address and agent (someone that represents on your application, if you choose one). Then, the NVC initiates the pre- processing of the application of the applicant and the sponsor; they will also give further instructions pertaining to the appropriate fees to pay, and once the fees are settled, the applicant would need to comply and submit with the immigration visa documents, completed affidavit of support, visa application form/s civil documents and any other supporting documents.
What are the documents to submit?
The documents to prepare for submission to the NVC includes the following, such as, a clear photocopies of your passport(s), affidavit of support from the sponsor/petitioner, completed DS-260, 2X2 photographs.The civil documents for the applicant like, birth certificate, marriage certificate, police certificate, annulment or divorce papers, completed medical examination forms and others. Thereafter, the compliance of documents is completed and is checked by NVC on which deemed to be complete, the file of the applicant and relevant documents are sent to the consulate office, in addition NVC will also notify the applicant through e-mail or letter for the upcoming schedule interview, among other instruction and guide for medical examination in line with the personal appearance for an interview at the consulate office. The applicant should bring the original passport and an extra photocopy of documents which were not previously provided to the NVC (if any).
What if Your Marriage is Less than 2 years?
If you are able to receive with an immigrant visa to the U.S as the spouse of a U.S citizen and yet, your marriage is less than Two (2) years, if this is the situation, one may adjust or change the status to remove the ‘conditional resident’, the applicant and the sponsor must apply together at USCIS. The applicant should complete Form I-751, a petition to remove conditions on residence and able to meet the eligibility criteria & requirements. He /She must apply inside the 90 day period prior to the second year anniversary date of the spouse entering into the U.S. Similarly, the Two (2) year date of entry anniversary is the date of the expiration of your Alien registration card (green card).
Source: U.S. Citizenship and Immigration Services (USCIS)