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How to Bring Your Foreign Spouse to Live in Illinois

 Posted on September 29,2023 in Immigration

Itasca, IL immigration lawyerIf you are a U.S. citizen or green card holder living in Illinois who wants to bring your foreign fiancé or spouse to join you, there are specific immigration pathways for doing so. This blog will explain the process for obtaining a fiancé or spousal visa with a DuPage County, IL immigration lawyer, as well as attaining permanent resident status for your spouse once in the United States.

Obtaining a Fiancé Visa

A K-1 fiancé visa allows your foreign fiancé to enter the U.S. for the purpose of getting married to you within 90 days. Here are the steps:

  • You must file an I-129F fiancé visa petition with USCIS proving you have a genuine relationship and intend to marry within 90 days of your fiancé’s arrival.

  • Once approved, your fiancé can apply for a K-1 visa at the U.S. embassy in their home country. This involves an interview, medical exam, and other screening steps.

  • After visa issuance, your fiancé can enter the U.S. You must get legally married within 90 days, after which you can apply for a green card.

Obtaining a Spousal Visa

If you are already married, your foreign spouse can obtain a K-3 or CR-1 spousal visa:

  • A CR-1 visa offers faster processing, allowing your spouse to apply for a green card immediately upon arrival

  • A K-3 visa involves a longer wait but allows your spouse to enter the U.S. sooner while their green card application is pending

  • In both cases, you must file petitions and include paperwork proving a legitimate marriage. Your spouse must interview at their consulate and complete medical and background screening

Applying for a Green Card

Once your foreign fiancé or spouse has arrived in the U.S. with their K-1, K-3, or CR-1 visa, they can apply to adjust their status and receive a green card. Here are the next steps:

  • File Form I-485 to adjust immigration status to permanent resident

  • Submit supporting documents proving lawful entry on a valid visa and bona fide marriage

  • Complete fingerprinting and medical examination requirements

  • Attend an adjustment of status interview with USCIS

If approved, your spouse will be issued a permanent resident card allowing them to live and work in the U.S. as a lawful permanent resident.

Removing Conditions on a Green Card

If your foreign spouse obtained a conditional green card through a two-year K-1 or K-3 visa initially, you must file Form I-751 within 90 days before the expiration to remove those conditions and obtain a 10-year green card. You will need to provide documentation proving your marriage is still ongoing and legitimate.

Contact an Itasca, IL Immigration Lawyer

With proper processes and valid visas, you can bring a foreign fiancé or spouse to Illinois. Working with a DuPage County, IL immigration attorney can help you with the paperwork, documentation, and interviews required. Call Unzueta Law Group, P.C. at 630-509-2363 for a free consultation.

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