The US Citizen Spouse Visa Processing Time

The process for a U.S. citizen to sponsor their spouse for a visa depends on whether the spouse is already in the U.S. or outside the country. Here are the key steps for both scenarios:

1. Spouse is Inside the U.S. (Adjustment of Status)

If your spouse is already in the U.S. and is legally present (e.g., on a visitor visa, student visa, etc.), they can apply for a Green Card (permanent residency) through Adjustment of Status (AOS).

• Processing Time: On average, the entire process can take around 12 to 24 months.

o I-130 Petition for Alien Relative: This is the initial petition that the U.S. citizen files to start the process. This generally takes around 6 to 12 months to process, depending on the service center.

o I-485 Adjustment of Status: After filing the I-130, your spouse can apply for an I-485 to adjust their status to a permanent resident. This process can take an additional 8 to 12 months.

The total time can vary based on the service center's workload and any issues that might arise during the process.

Note: While the I-485 is pending, your spouse may be eligible for Employment Authorization (EAD) and Advance Parole (AP), which allow them to work and travel while waiting for the Green Card approval.

2. Spouse is Outside the U.S. (Consular Processing)

If your spouse is outside the U.S., they must go through consular processing to obtain an immigrant visa, which will allow them to enter the U.S. as a permanent resident.

• Processing Time: This typically takes about 12 to 18 months but can vary by country and consulate.

o I-130 Petition for Alien Relative: This is the first step, which takes around 6 to 12 months.

o After the I-130 is approved, the National Visa Center (NVC) will process the case, and your spouse will be asked to submit documents for an immigrant visa.

o The U.S. embassy or consulate in your spouse's country will then schedule a visa interview. After the interview, if all goes well, your spouse will be granted the immigrant visa to enter the U.S. as a permanent resident.

Note: If there are delays at the consulate (such as extra document requests or security clearance issues), the process can take longer.

Factors That Can Affect Processing Times:

• Service Center Delays: Processing times can vary depending on the service center handling the petition.

• Background Checks: If there are any issues with background checks or if additional documentation is requested, it can delay the process.

• Country-Specific Processing Times: Some U.S. embassies and consulates have longer wait times, particularly in countries with higher demand for visas.

• Immigration Visa Cap: For certain countries with high demand (e.g., Mexico, India), there can be backlogs for visas, which could increase processing times, especially for the spouse of a U.S. citizen (though this tends to affect family-sponsored preference categories more than immediate relatives like spouses).

Summary:

• Inside the U.S. (Adjustment of Status): 12 to 24 months

• Outside the U.S. (Consular Processing): 12 to 18 months

The overall timeline can vary depending on your specific circumstances and location, but this gives a general idea of what to expect.