How do you bring your spouse to the US?

Summary

Attorney Hashem Gilani of Gilani Law Firm explains the process for U.S. citizens or permanent residents to bring their foreign spouse to the U.S. through marriage-based consular processing. This involves filing a petition with USCIS, submitting additional documents to the National Visa Center, and attending an interview at a U.S. consulate or embassy abroad. The spouse must also undergo a medical examination. As of October 2022, the process takes approximately 12-16 months, with the timeline subject to change and beyond the control of legal professionals.

Takeaways

• 📜 The process to bring a spouse to the U.S. involves marriage-based consular processing with three agencies: USCIS, NVC, and the U.S. consulate or embassy in the spouse's home country.
• 🇺🇸 The petitioner must be a U.S. citizen or permanent resident to file a petition for their spouse to live in the U.S. permanently.
• 📝 The initial step is filing a relative petition and supporting documents with USCIS, which, if approved, is forwarded to the NVC.
• 💼 Financial documentation is required to demonstrate the petitioner's ability to support the spouse financially.
• 🗓️ After NVC processing, a consular interview is scheduled for the spouse at a U.S. consulate or embassy abroad.
• 🏥 The spouse must undergo a medical examination before the interview, with results sent directly to the embassy.
• 🤝 The petitioner does not need to be present at the consular interview.
• 🎫 If the interview is successful, the spouse is issued a visa to enter the U.S. as a lawful permanent resident.
• 📈 As of October 2022, the processing time for marriage-based consular cases is approximately 12 to 16 months, which is longer than the typical 10 to 14 months in previous years.
• 🔄 The processing time is subject to change and is beyond the control of any law firm or attorney, depending solely on government agencies.
• 📞 For specific case inquiries or additional information, individuals are encouraged to contact the Gilani Law Firm for a consultation with a senior attorney.

Q & A

What is the role of Gilani Law Firm in the process of bringing a spouse to the U.S.?

Gilani Law Firm, led by Attorney Hashem Gilani, specializes in immigration law and has successfully filed thousands of immigration cases with agencies in the U.S. and overseas, assisting clients in navigating the marriage-based counselor processing.

What are the prerequisites for bringing a spouse to the U.S. as discussed in the video?

The prerequisites include being a U.S. citizen or permanent resident and being already married to the spouse who is outside of the U.S. The video does not cover the process for those who are not yet married.

Which three agencies are involved in marriage-based counselor processing?

The three agencies involved are the United States Citizenship and Immigration Service (USCIS), the National Visa Center (NVC), and the U.S. consulate or embassy in the spouse's home country.

What is the first step in the marriage-based counselor processing?

The first step is filing a relative petition and supporting documents with USCIS.

What additional documents are required to be submitted to the National Visa Center (NVC) after USCIS approval?

After USCIS approval, additional documents and visa application filings are required to be submitted to the NVC, including financial documentation to evidence the petitioner's ability to provide for the spouse.

Is the petitioner required to be present at the interview conducted by the U.S. consulate or embassy abroad?

No, the petitioner is not required to be present at the interview; only the spouse attending the interview needs to be there.

What medical requirement must the spouse fulfill before the interview?

The spouse must undergo a medical examination, which is a requirement for all immigrants before they come to the U.S. The results are sent directly to the embassy by the physician.

What is the estimated time frame for completing marriage-based counselor crossing cases as of October 2022?

As of October 2022, the agencies have been taking roughly between 12 to 16 months to complete marriage-based counselor crossing cases, which is longer than the typical 10 to 14 months due to COVID-19 related backlogs.

How can the time frame for processing marriage-based counselor cases change in the future?

The time frame is subject to change and may speed up in the future, but it is entirely up to the government and outside the control of any lawyer or law firm.

What is the status of the spouse upon entering the U.S. after a successful interview and visa issuance?

Upon entering the U.S., the spouse will be considered a lawful permanent resident, also known as a green card holder.

How can viewers get more information or ask questions specific to their case?

Viewers can call Gilani Law Firm's office to schedule a phone consultation with a senior attorney for more information or questions specific to their case.