How long does it take for American citizens to apply for spouse immigration?

American citizens or permanent residents have the right to apply for immigration to the United States for their foreign spouses. When applying for relative immigration, the most important requirement is to prove the relative relationship between the applicant and American relatives, as well as the economic situation of American citizens or permanent residents. However, in immigration law, there are still differences when American citizens or permanent residents apply for a green card for their spouses. Here we analyze the differences one by one. (1) Permanent residents apply for immigration for their foreign spouses. When applying for immigration for their foreign spouses, permanent residents of the United States must go through the following steps to make their foreign spouses legally live and work in the United States. First, the applicant must apply for relative immigration for his foreign spouse. After the relative's application for immigration is approved, the Immigration Bureau will give priority to the foreign spouse. Second, the waiting period. The immigration schedule of spouses of permanent residents in the United States belongs to the category of relative immigration schedule 2A, and the State Council publishes the immigration schedule every month. At present, the list of spouses of permanent residents in the State Council in 2003 1 month is 1997 10.22, that is, permanent residents apply for immigration for their foreign spouses before 1997 10.22. You can apply for I-485 status adjustment for your foreign spouse in the United States. If this person is not in the United States, his foreign spouse will be informed to go to the local American embassy or consulate to complete the necessary procedures for immigrant visa. Because there is a time limit for permanent residents to apply for a green card for foreign spouses, it will take about five or six years at present. If foreign spouses want to wait for a green card in the United States, they must always maintain their legal non-immigrant status while waiting for a green card, otherwise they cannot apply for adjustment of their status in the United States when scheduling. Due to the serious backlog of relative immigration visas during the trial, and the spouse and minor children of green card holders (family immigration category 2A) could not legally obtain any other visas to come to the United States before the scheduled date, in order to enable their foreign spouses to come to the United States to reunite with their families while waiting for immigration, former US President Bill Clinton signed a "Legal Immigration and Family Equality Act" (LIFE) on June 65438+February 2/Kloc-0, 2000. A "V" visa has been added for overseas spouses and underage unmarried children of permanent residents, allowing spouses of permanent residents married overseas and their underage unmarried children to enter the United States while waiting for a green card, and allowing them to apply for a work permit in the United States until they obtain legal status. However, the V visa mentioned above is not applicable to the foreign spouse of every permanent resident. Only those who meet the following conditions can apply for a new V visa: 1. The application for relative immigration was before the life bill was passed: that is, on or before February 2000, 65438+2 1, the green card holder had applied for relative immigration for his spouse or unmarried children, and anyone could apply in the United States or abroad. 2。 The waiting period for immigration has been more than three years: this immigration application must have been submitted to the immigration office for at least three years and is waiting for the immigration office to hear it, or the spouse and minor children of the green card holder have been waiting for the green card for more than three years. That is to say, permanent residents applied for immigration for their foreign spouses on June 5438+February 2 1 2000. If they waited for more than three years on February 2 1 2003 and the immigration office has not yet heard or scheduled it, they can apply for a V visa for their foreign spouses to reunite with the United States. It is worth noting that this law will not exclude these people's applications because of their illegal residence in the United States (12(a)(9)(B)). At the same time, this new law also allows these people to apply for adjusting their status in the United States and become new "V" applicants, even if they have illegally stayed in the United States (12 (a) (6) (2) American citizens apply for immigration for their foreign spouses. The greatest advantage of spouses of American citizens and permanent residents when applying for immigration is that spouses of American citizens have no time limit. When American citizens apply for immigration for their spouses, they have different application procedures according to whether their spouses are in the United States or overseas. 1。 Foreign spouses in the United States: 1) One-step application: citizens and their foreign spouses can apply for immigration and status adjustment at the same time. Citizens need to apply for immigration for their spouses on the I- 130 form. This foreign spouse needs to apply for adjustment of identity in the United States with the I-485 form, and at the same time apply for a work card (I-765 form) and an AdvanceParole. This application is called "one-step application". Although the immigration law allows spouses of American citizens who overstay in the United States to adjust their status and obtain a green card in the United States, they do not need to go back to their home countries to apply for immigration visas. However, it should be noted that if you have overstayed at the time of application, it is best not to apply for leave to go abroad. Because it is possible that the Immigration Bureau will not allow the applicant to enter the United States for 3 years or 10 years according to Article 222(g) at the time of entry. Spouses with green cards are not so preferential. If the spouses of green cards want to adjust their status in the United States, they must maintain their valid non-immigrant status and wait for the timetable. After the scheduled arrival, they can apply for I-485 status adjustment. If a foreign spouse holding a green card cannot maintain his legal status, he needs to go back to China to apply for an immigrant visa, but he cannot adjust his status in the United States. 2) Interview: After receiving the application, the Immigration Bureau will arrange an interview for citizens and their spouses. If they have been married for two years when the interview is approved, the green card obtained is a permanent green card; If they have been married for less than two years when the interview is approved, the green card obtained is a conditional green card. 3) Remove restrictions on conditional green cards: Foreign spouses who have obtained conditional green cards have the same rights, obligations and legal protection as those who have obtained permanent green cards. Only the spouse of an American citizen whose status is restricted must apply to cancel the restriction within 90 days before the second anniversary of obtaining this green card in order to obtain formal permanent resident status. If the foreign spouse does not apply for lifting the restriction within the second anniversary, the conditional green card will automatically expire on the second anniversary when the foreign spouse obtains the green card, and the foreign spouse will be regarded as overstaying. Therefore, it is very important to keep in mind that the second anniversary of obtaining a conditional green card is very important for maintaining legal status. 2。 Foreign spouses abroad: American citizens must apply for relative immigration for their foreign spouses. After the relative's immigration application is approved, the Immigration Bureau will forward the information to the National Visa Center, which will send the information to the consulate of the foreign spouse's country. Foreign spouses will get an immigrant visa to come to the United States after an interview at the consulate. When a foreign spouse arrives in the United States, the immigration officer will stamp a green card on his passport, which will be a proof before the green card is made. 3。 During the trial, there was a serious backlog of K-3 visas for foreign spouses of American citizens. In order to enable foreign spouses of citizens to come to the United States to reunite with their families as soon as possible, former US President Bill Clinton signed the Legal Immigration and Family Equality Act (LIFE), and added "K" visas for citizens' overseas spouses and underage unmarried children. Like the current "K" visa holders, these "K" visa holders can also apply for work permits until they obtain legal status. The current K- 1 visa is aimed at overseas unmarried couples of citizens, and the mentioned K-3 visa is an extension of the current "K" visa. In addition to overseas unmarried couples of citizens, overseas spouses and minor children of citizens can also apply for "K" visas. As long as American citizens apply for immigrant visas for their overseas spouses or minor children, they can apply for another "K" visa to come to the United States and wait for visa approval in the United States. However, those who apply for a "K" visa must be issued by overseas American consulates outside the United States, and those who apply for a change of status in the United States are not eligible to apply for a "K" visa. This "K" visa is applicable to current and future applicants, and there is no time limit.