Spousal Visas

At Thompson Law Advocates we understand how important it is for families to be together. If you are a U.S. citizen or lawful permanent resident (LPR) seeking to bring your spouse to the United States, the spousal visa process can seem overwhelming. With changing laws, evolving immigration policies, and strict documentation requirements, having a skilled legal team by your side can make all the difference. Led by attorney Peter Thompson, our firm provides committed legal representation to those navigating this complex and often emotional journey.

What Is a Spousal Visa?

A spousal visa is an immigrant visa that allows the spouse of a U.S. citizen or lawful permanent resident to enter the United States and eventually receive a green card (lawful permanent resident status). The process varies based on whether the petitioner is a U.S. citizen or an LPR, and whether the foreign spouse is currently inside or outside the U.S.

There are two primary spousal visa pathways:

• CR-1/IR-1 Visa: Issued to spouses of U.S. citizens through consular processing. “CR-1” is for conditional residents married less than 2 years; “IR-1” is for those married 2 years or more.
  
• Adjustment of Status (AOS): For spouses already in the U.S. on a valid visa. This process enables them to apply for a green card without leaving the country.
  

Legal Basis for Spousal Visas

The Immigration and Nationality Act (INA) governs family-based immigration, including spousal visas. The following statutory provisions are especially relevant:

• INA § 201(b)(2)(A)(i) / 8 U.S.C. § 1151(b)(2)(A)(i): Spouses of U.S. citizens are classified as “immediate relatives” and are not subject to annual visa caps.
  
• INA § 204 / 8 U.S.C. § 1154: Governs the petition process for immigrant visas.
  
• INA § 212 / 8 U.S.C. § 1182: Lists grounds for inadmissibility, including health, criminal, immigration violations, and public charge considerations.

These statutes form the backbone of U.S. immigration policy when it comes to marriage-based petitions.

Step-by-Step: The Spousal Visa Process

1. Filing the I-130 Petition

The process begins with the U.S. citizen or LPR spouse filing Form I-130, Petition for Alien Relative with U.S. Citizenship and Immigration Services (USCIS). This form establishes the validity of the relationship.

Supporting documents typically include:

• Marriage certificate
• Proof of petitioner’s citizenship or residency
• Joint financial accounts, lease agreements, or insurance documents
• Photos of the couple together over time
• Affidavits from friends or family attesting to the relationship

2. USCIS Review

USCIS may take several months to adjudicate the I-130. If approved, the case is transferred to the National Visa Center (NVC) for consular processing or retained by USCIS for Adjustment of Status (if the spouse is in the U.S.).

Consular Processing

When the foreign spouse resides abroad, the process continues with the NVC and the appropriate U.S. embassy or consulate.

Steps include:

• Filing Form DS-260 (immigrant visa application)
• Submitting civil documents and an Affidavit of Support (Form I-864)
• Attending a medical exam
• Completing an in-person interview at the consulate

Adjustment of Status (AOS)

If the foreign spouse is in the U.S., they may apply for a green card without leaving the country by filing:

• Form I-485 (Application to Register Permanent Residence)
• Form I-765 (Work authorization)
• Form I-131 (Travel document, if needed)
• Form I-864 (Affidavit of Support)

A biometrics appointment and interview follow.

Proving a Bona Fide Marriage

One of the most scrutinized parts of the process is proving that the marriage is genuine and not entered into for immigration purposes. USCIS officers and consular officers look for signs of fraud.

Indicators of a bona fide marriage include:

• Cohabitation
• Shared financial responsibilities
• Children from the marriage
• Ongoing communication over time if separated

Interviews may involve questions about:

• How you met
• Wedding details
• Daily routines
• Family relationships

If officers detect discrepancies or insufficient evidence, the application may be denied.

Conditional Residence

Spouses who have been married for less than two years at the time of approval will receive conditional permanent residence, valid for two years. To remove conditions and receive a 10-year green card, the couple must file Form I-751 jointly during the 90-day window before the card expires.

If the couple is no longer together due to divorce, abuse, or death of the petitioner, waivers are available under certain conditions.

Waivers and Inadmissibility

Spouses may face inadmissibility issues for:

• Prior immigration violations (e.g., unlawful presence)
• Criminal convictions
• Misrepresentations

In such cases, we assist in preparing waivers under INA § 212(h) or § 212(i), depending on the grounds. These waivers require demonstrating extreme hardship to a qualifying U.S. relative and must be thoroughly supported by documentation and legal argument.

How Thompson Law Advocates Supports Clients

Our firm provides legal representation throughout every stage of the spousal visa process, including:

Legal Analysis

We evaluate eligibility, identify risks, and develop a comprehensive strategy tailored to your case. Whether you’re filing from abroad or adjusting status inside the U.S., we guide you with clarity and confidence.

Document Assembly and Review

Mistakes and omissions are leading causes of delays and denials. We carefully review all forms, supporting documents, and affidavits to meet USCIS and consular standards.

Interview Preparation

The interview is one of the most stressful parts of the process. We conduct mock interviews and provide insights into the types of questions that may be asked—especially in “Stokes interviews” where couples are questioned separately.

Response to USCIS Requests

If you receive a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), our team acts swiftly to gather the appropriate evidence and legal arguments needed to keep your application on track.

When Denials Occur

A denial does not necessarily mean the end of the road. We evaluate appeal options through:

• Motion to Reopen or Reconsider (Form I-290B)
• Filing a new I-130 petition
• Legal challenge in federal court (in rare, appropriate cases)

Post-Green Card: Path to Citizenship

After receiving a green card, your spouse may apply for naturalization under INA § 319(a) after three years of continuous residence, provided the marriage continues and other eligibility criteria are met.

About Thompson Law Advocates

Located in the heart of Philadelphia, Thompson Law Advocates is known for guiding individuals through complex legal systems in both immigration and criminal law. Founding attorney Peter Thompson brings decades of courtroom and immigration experience to each case. He has led initiatives supporting immigrant rights, including his work as Director of the Defender’s Immigration Project. Our team understands the emotional and practical importance of family unification—and we are here to assist every step of the way.

Start the Process Today

The spousal visa process is often more time-consuming and document-intensive than it first appears. Working with a law firm that understands both the legal intricacies and the personal stakes can make the journey more manageable and successful. Contact us to start the process.