Marriage-Based Visa (aka ) FAQsBelow are a number of frequently asked Spousal Visa, I-130 questions and K3 Visa questions by our clients and prospective clients. If you have a question or concern that is not addressed below, feel free to contact us and we will be happy to answer any other questions you may have.
Once approved, how long is the I-130 Petition valid for and what happens if it expires before the spouse's visa interview?
Approved I-130 Petitions are valid for four months. Once they expire, they may be revalidated by a Consular Officer at the embassy of record prior to the marriage visa interview.
Once the Spousal Visa is issued, how long does the spouse have to enter the United States?
A Spousal Visa is valid for a period of six months and, generally, may only be used for one entry into the United States.
Will the spouse be able to work once they enter the United States on a Spousal Visa?
Yes. A few months after entering the U.S. they will receive their Permanent Resident Card (Green Card) which entitles them to work in the U.S.
Is the Spousal Visa issued immediately following the embassy interview?
Each embassy has its own unique procedures. Some issue the Spousal Visa the same day and others process it within a few weeks and have it mailed by courier.
Can a Permanent Resident file a petition for a Spousal Visa?
Yes. However, it is worth noting that they may not file for a K-3 Visa to speed up the time in which the Spouse may enter the United States.
Are there any international marriage requirements to be concerned about?
There are several issues that you should be concerned about. For more on International Marriage Requirements see International Marriage Requirements and Fiancee Visas vs. Marriage Visas.
