Luật sư Visa Hôn nhân – Luật sư Visa Vợ/Chồng

A marriage visa, also known as a spousal visa or immigrant spouse visa, is one of the most important and commonly used paths for bringing a husband or wife to live permanently in the United States. Unlike temporary visas that allow only short visits, the marriage visa leads directly to lawful permanent residence—your spouse arrives with a green card in hand, ready to work, travel, and build a life with you in America.

At Modern Law Group, marriage-based immigration is at the heart of our practice. We have reunited over 10,000 families through the CR-1, IR-1, and F-2A visa processes, and we understand the emotional stakes involved in every case. Being separated from your spouse is difficult, and the immigration process can feel overwhelming. That's why we guide you through every step, from the initial petition to the final visa interview, ensuring nothing falls through the cracks.

Whether you are a U.S. citizen sponsoring your spouse or a green card holder seeking to reunite with your husband or wife, our experienced marriage visa attorneys are here to help. We have offices in San Diego, New York, and Texas, but we serve clients throughout the United States and around the world.

What is a Marriage Visa?

A marriage visa is an immigrant visa issued to the spouse of a U.S. citizen or lawful permanent resident (green card holder). It allows your husband or wife to enter the United States as a permanent resident, with full authorization to live and work anywhere in the country. Unlike the K-1 fiancé visa, which requires you to marry after your fiancé arrives, the marriage visa requires you to already be legally married before filing the petition.

When your spouse enters the United States on a marriage visa, they do so as a lawful permanent resident. They will receive their physical green card in the mail within a few weeks of arrival. This is a significant advantage over the K-1 fiancé visa process, which requires a separate adjustment of status application after the wedding, adding months of processing time and additional fees before your spouse can work or travel internationally.

The marriage visa process involves several government agencies: U.S. Citizenship and Immigration Services (USCIS) approves the initial petition, the National Visa Center (NVC) collects documents and fees, and the U.S. embassy or consulate in your spouse's country conducts the final visa interview. Understanding how these agencies work together—and what each requires—is essential for a smooth process.

Types of Marriage Visas: CR-1 vs IR-1 vs F-2A

There are three main types of spousal immigrant visas, depending on who is sponsoring and how long you've been married. Understanding the differences is crucial for knowing what to expect and how to prepare.

IR-1 Visa (Immediate Relative of U.S. Citizen)

The IR-1 visa is available to spouses of U.S. citizens who have been married for two years or more at the time the visa is issued. Because the marriage has already "seasoned" past the two-year mark, immigration authorities consider it less likely to be fraudulent. As a result, the foreign spouse receives a standard 10-year green card immediately upon entry to the United States—no conditions attached, no additional filings required.

The IR-1 visa is classified as an "immediate relative" category, meaning there are no annual numerical limits or waiting periods beyond the normal processing time. Once approved, your spouse can travel to the United States without waiting for a visa number to become available.

CR-1 Visa (Conditional Resident)

The CR-1 visa is for spouses of U.S. citizens who have been married for less than two years at the time the visa is issued. The "CR" stands for "Conditional Resident." Your spouse receives a 2-year conditional green card upon entry, and within the 90-day window before that card expires, you must jointly file Form I-751 (Petition to Remove Conditions on Residence) to prove your marriage is still genuine and ongoing.

The conditional status exists as a fraud prevention measure. By requiring couples to demonstrate their continued relationship after two years, USCIS can identify marriages that were entered solely for immigration benefits. Assuming you remain married and file the I-751 on time, the conditions will be removed and your spouse will receive a standard 10-year green card.

Like the IR-1, the CR-1 is also classified as an immediate relative category with no numerical limits or visa backlogs.

F-2A Visa (Spouse of Lawful Permanent Resident)

The F-2A visa is for spouses of lawful permanent residents (green card holders) rather than U.S. citizens. This is a "family preference" category, which means it is subject to annual numerical limits set by Congress. Because demand exceeds supply, there is typically a waiting period of 1-3+ years after USCIS approves the I-130 petition before a visa number becomes available and NVC processing can begin.

The wait time varies based on the spouse's country of birth. Nationals of countries with high immigration demand (such as Mexico, the Philippines, India, and China) may face longer waits due to per-country limits. The current wait times are published monthly in the Department of State's Visa Bulletin.

Once the visa becomes available and processing is complete, the F-2A spouse receives a 10-year green card (not conditional), because the lengthy wait typically means the marriage has been ongoing for more than two years by the time of entry.

Feature	IR-1 Visa	CR-1 Visa	F-2A Visa
Sponsor Status	U.S. Citizen	U.S. Citizen	Green Card Holder
Marriage Duration	2+ years at visa issuance	Less than 2 years at visa issuance	Any duration
Visa Category	Immediate Relative	Immediate Relative	Family Preference
Waiting Period	No backlog	No backlog	1-3+ years typically
Green Card Type	10-year (permanent)	2-year (conditional)	10-year (permanent)
I-751 Required?	No	Yes (within 90 days before expiration)	No
Total Processing Time	12-18 months typical	12-18 months typical	2-5+ years typical

Eligibility Requirements for a Marriage Visa

To qualify for a marriage-based immigrant visa, you and your spouse must meet several legal requirements. Understanding these requirements early helps avoid delays and ensures you can build the strongest possible case.

1. Legal Marriage

You must be legally married. Your marriage must be recognized as valid under the laws of the country or state where it was performed. USCIS will require an official marriage certificate as proof. Both civil and religious marriages are recognized, as long as the marriage is legally valid where it occurred.

If either spouse was previously married, you must provide documentation proving all prior marriages were legally terminated through divorce, annulment, or death of the former spouse. Failure to properly terminate a prior marriage can result in your current marriage being invalid for immigration purposes.

2. Bona Fide (Genuine) Marriage

Your marriage must be genuine—entered for the purpose of establishing a life together, not solely to obtain immigration benefits. Marriage fraud is a serious federal crime that can result in denial of the visa, deportation, fines, and imprisonment for both parties.

USCIS and consular officers are trained to identify marriages that appear to have been entered for immigration purposes. They will look for evidence that your marriage is real, including:

• Joint bank accounts and financial records
• Joint ownership or lease of property
• Insurance policies listing each other as beneficiaries
• Photographs together over time and with family and friends
• Communication records (messages, call logs, travel itineraries showing visits)
• Affidavits from friends and family who know your relationship
• Evidence of meeting each other's families
• Shared children, if applicable

3. Sponsor is a U.S. Citizen or Lawful Permanent Resident

The petitioning sponsor must be either a U.S. citizen or a lawful permanent resident (green card holder). You will need to provide proof of your immigration status, such as a U.S. passport, certificate of naturalization, or green card.

4. Financial Support (Affidavit of Support)

The sponsor must demonstrate the financial ability to support the immigrant spouse at 125% of the federal poverty guidelines. This is proven through Form I-864, Affidavit of Support, which creates a legally binding contract. We cover this requirement in detail in the next section.

5. Admissibility

The foreign spouse must be "admissible" to the United States. Certain factors can make someone inadmissible, including:

• Criminal history: Convictions for crimes of moral turpitude, drug offenses, or multiple crimes
• Immigration violations: Prior deportation, unlawful presence (overstaying a visa), or illegal entry
• Health-related grounds: Certain communicable diseases or failure to have required vaccinations
• Fraud or misrepresentation: Prior lies on visa applications or to immigration officials
• Security concerns: Terrorism, espionage, or other security-related issues
• Public charge: Likelihood of becoming dependent on government assistance (addressed through the Affidavit of Support)

Many grounds of inadmissibility can be overcome through a waiver. For example, the I-601 waiver can excuse certain grounds of inadmissibility for spouses of U.S. citizens who can demonstrate extreme hardship to the citizen spouse if the waiver is not granted. An experienced immigration attorney can evaluate your situation and advise on waiver eligibility.

Financial Requirements: Form I-864 Affidavit of Support

One of the most important—and often confusing—aspects of the marriage visa process is demonstrating that the sponsoring spouse can financially support the immigrant. This requirement exists to ensure that newly arrived immigrants will not need to rely on public benefits.

The I-864 Affidavit of Support

Form I-864, Affidavit of Support Under Section 213A of the INA, is a legally binding contract between the sponsor and the U.S. government. By signing it, the sponsor agrees to:

• Maintain the immigrant spouse at 125% of the federal poverty guidelines until they become a U.S. citizen, can be credited with 40 qualifying quarters of work (approximately 10 years), leave the United States permanently, or die
• Reimburse any government agency that provides means-tested public benefits to the immigrant
• Submit to the jurisdiction of federal and state courts for enforcement

2024 Poverty Guidelines (125%)

The income requirement is based on the federal poverty guidelines, which are updated annually. For 2024, the minimum income requirements at 125% of poverty are:

Household Size	48 Contiguous States	Alaska	Hawaii
2 (sponsor + spouse)	$24,650	$30,813	$28,350
3	$31,075	$38,844	$35,738
4	$37,500	$46,875	$43,125
5	$43,925	$54,906	$50,513
6	$50,350	$62,938	$57,900
Each Additional	+$6,425	+$8,031	+$7,388

Household size includes the sponsor, all dependents claimed on taxes, any other immigrants the sponsor has previously sponsored who are still under the affidavit obligation, and the intending immigrant (spouse).

What Counts as Income?

The sponsor's income is typically demonstrated through the most recent federal tax return. Acceptable income includes:

• Wages, salary, and tips (W-2 income)
• Self-employment income (Schedule C, net after expenses)
• Rental income
• Investment income (dividends, interest, capital gains)
• Social Security benefits
• Pension and retirement income
• Alimony and child support received

If You Don't Meet the Income Requirement

If your income falls short of the 125% threshold, you have several options:

Option 1: Use Assets

You can supplement your income with assets. Assets must be worth at least 3 times the difference between your actual income and the required income (5 times if sponsoring a sibling or adult child). Qualifying assets include:

• Bank accounts (savings, checking, CDs)
• Stocks, bonds, and mutual funds
• Real estate (equity value)
• Retirement accounts (IRA, 401k) – note: some adjudicators discount these due to early withdrawal penalties

Option 2: Use a Joint Sponsor

A joint sponsor is a separate person who agrees to take on the same financial responsibilities as the primary sponsor. The joint sponsor must:

• Be a U.S. citizen or lawful permanent resident
• Be at least 18 years old
• Be domiciled in the United States
• Independently meet the 125% income requirement for their own household plus the immigrant
• Sign their own Form I-864

Joint sponsors do not need to be related to you or the immigrant. A friend, employer, or community member can serve as a joint sponsor.

Option 3: Household Member Income

If you have household members (people living with you who are related by birth, marriage, or adoption) who are willing to combine their income with yours, they can sign Form I-864A (Contract Between Sponsor and Household Member). Their income can then be counted toward the requirement.

Document Checklists

Gathering the correct documents is one of the most important steps in the marriage visa process. Missing or incorrect documents are a leading cause of delays and Requests for Evidence (RFEs). Use these checklists to ensure you have everything needed.

Step-by-Step Process with Modern Law Group

When you hire Modern Law Group to handle your marriage visa case, you're getting more than just form preparation. You're getting a dedicated team that guides you through every stage, anticipates issues before they arise, and fights for approval. Here's what the process looks like:

1. Free Initial Consultation: We start with a comprehensive consultation to understand your situation. We'll discuss your relationship history, any potential complications (prior marriages, immigration violations, criminal history), and determine the best path forward. There's no obligation—this is your chance to ask questions and learn what to expect.
2. Case Assignment & Portal Access: Once you retain our firm, we assign your case to a dedicated caseworker who specializes in marriage visas and knows the nuances of your spouse's country. You receive access to our secure client portal where you can upload documents, track your case status in real time, and communicate with your team.
3. Document Collection & Review: Your caseworker creates a customized document checklist for your specific situation. We review every document you submit for completeness, accuracy, and potential issues. If something is missing or needs correction, we'll let you know immediately.
4. I-130 Petition Preparation: We prepare Form I-130 and all supporting evidence, including your relationship statement and bona fide marriage evidence package. Every form is reviewed by a supervisor, then by your attorney, before filing. We catch errors that could cause delays.
5. USCIS Filing & Monitoring: We file your petition with USCIS and monitor its progress through our systems. You'll receive updates at every stage. If USCIS issues a Request for Evidence (RFE), we respond quickly and strategically.
6. NVC Processing: After USCIS approval, your case transfers to the National Visa Center. We guide you through paying fees, submitting the DS-260 application, and uploading civil documents and the Affidavit of Support through the CEAC portal.
7. Interview Preparation: Before the embassy interview, we conduct a thorough preparation session with you and your spouse. We review common questions, discuss what to expect, help organize your documents, and address any concerns. Our clients go into interviews confident and prepared.
8. Post-Interview Support: After a successful interview, we guide you through the final steps: USCIS Immigrant Fee payment, travel arrangements, and what to expect at the port of entry. If your spouse receives a conditional green card, we remind you of the I-751 deadline and can represent you in removing conditions when the time comes.

Detailed Timeline Breakdown

Processing times for marriage visas vary based on whether the sponsor is a U.S. citizen or green card holder, current USCIS workloads, and the specific embassy involved. Here's a detailed breakdown of what to expect at each stage.

U.S. Citizen Sponsors (CR-1/IR-1)

Total time for U.S. citizen sponsors: 12-18 months on average, though some cases complete faster and complex cases may take longer.

Green Card Holder Sponsors (F-2A)

Total time for green card holder sponsors: 2-5+ years depending on the visa backlog for your spouse's country of birth.

Embassy Interview Preparation

The immigrant visa interview at the U.S. embassy or consulate is the final step before your spouse receives their visa. It's also the step that causes the most anxiety. With proper preparation, you can walk into the interview confident and ready.

What to Expect at the Interview

• Interviews typically last 10-30 minutes, though some may be shorter or longer
• Your spouse will meet with a consular officer who reviews the case and asks questions
• The officer is looking to verify the marriage is genuine and that your spouse is admissible
• The sponsor (U.S. citizen/permanent resident) typically does NOT attend the interview, though some embassies permit or require it
• An interpreter is provided if needed, or your spouse may bring their own
• Decisions are usually given the same day—either approved, denied, or placed in administrative processing

Common Interview Questions

The consular officer will ask questions to verify that your marriage is genuine and that both spouses know each other well. Common topics include:

About How You Met

• How and where did you first meet your spouse?
• When did you first meet in person?
• Who introduced you, or how did you find each other?
• What attracted you to your spouse?

About Your Relationship

• How long did you date before getting engaged?
• When and how did the proposal happen?
• How do you communicate? How often?
• When was the last time you saw each other? For how long?
• Have you met each other's families? Describe those meetings.

About Your Wedding

• When and where did you get married?
• Was it a civil or religious ceremony? Describe it.
• Who attended the wedding?
• Did you have a reception?
• Who paid for the wedding?

About Your Future Together

• Where will you live in the United States?
• What are your spouse's plans for work or education?
• Do you plan to have children?
• What does your spouse know about your daily life?

About Your Spouse

• What are your spouse's parents' names? What do they do?
• Does your spouse have siblings? What are their names?
• What is your spouse's birthday?
• What does your spouse do for work?
• What are your spouse's hobbies?

Tips for a Successful Interview

• Be truthful: Never lie to a consular officer. Misrepresentation can result in permanent visa ineligibility.
• Be specific: Use dates, names, and details when answering questions. Vague answers raise suspicion.
• Bring organized documents: Have all documents neatly organized and accessible. Bring originals plus copies.
• Dress professionally: Treat this like a job interview. Business casual is appropriate.
• Stay calm: Nervousness is normal, but try to relax. The officer understands this is stressful.
• Answer only what's asked: Don't volunteer unnecessary information. Answer the question and stop.
• Prepare together: Review your relationship timeline with your spouse so your answers are consistent.

What to Bring to the Interview

• Interview appointment letter
• Valid passport (with at least 6 months validity)
• DS-260 confirmation page
• Medical exam results (sealed packet)
• Original civil documents (birth certificate, marriage certificate, police certificates)
• 2 passport photos meeting DOS specifications
• Updated financial evidence (recent pay stubs, bank statements, employment letter)
• Evidence of ongoing relationship (photos, messages, travel records)
• Any documents specifically requested by the embassy

Adjustment of Status vs Consular Processing

If your spouse is already in the United States, you may have a choice between two paths to permanent residence: adjustment of status (applying without leaving the U.S.) or consular processing (attending an interview abroad). Each has advantages and disadvantages.

Factor	Adjustment of Status (AOS)	Consular Processing (CP)
Location	Spouse stays in the U.S. throughout	Spouse interviews at embassy abroad
Eligibility	Must have entered legally (generally); immediate relatives exempt from some bars	Available to all qualifying spouses
Timeline	12-24+ months (varies by office)	12-18 months (after I-130 approval)
Work Authorization	Can apply for EAD while pending	Cannot work until green card received
Travel	Must obtain Advance Parole; risk if denied	Can travel freely until interview
Filing Fees	Higher ($1,440+ for I-485 package)	Lower ($445 NVC fees + medical)
Interview	Local USCIS office (spouse can attend)	Embassy abroad (often spouse cannot attend)
Unlawful Presence Issue	Immediate relatives can adjust despite unlawful presence (if entered legally)	May trigger 3/10 year bar if unlawful presence exceeded 180 days

When to Choose Adjustment of Status

• Your spouse is already in the U.S. with valid status or entered legally
• Your spouse needs work authorization while the case is pending
• Your spouse cannot or prefers not to travel abroad
• Your spouse has significant unlawful presence but entered the U.S. legally (immediate relatives can still adjust)

When to Choose Consular Processing

• Your spouse is abroad and prefers to stay there
• Faster overall timeline may be possible depending on embassy wait times
• Lower government filing fees
• No risk of abandoning a pending adjustment application if travel is needed

Conditional Green Card and Removing Conditions (I-751)

If your spouse enters the United States on a CR-1 visa (married less than two years at visa issuance), they will receive a 2-year conditional green card. This is not a "lesser" form of permanent residence—your spouse has all the same rights as any green card holder. However, the conditional status must be removed before the card expires.

Why Conditional Status Exists

Congress created conditional residence as a fraud prevention measure. By requiring couples to prove their marriage is still genuine after two years, USCIS can identify marriages that were entered solely for immigration benefits. The requirement applies to all marriages that were less than two years old when the immigrant received their green card, whether through a marriage visa or adjustment of status.

Form I-751: Petition to Remove Conditions

To remove the conditions on your spouse's green card, you must jointly file Form I-751, Petition to Remove Conditions on Residence, within the 90-day window before the 2-year card expires. Filing too early (more than 90 days before) will result in rejection. Filing late (after expiration) can result in loss of status and deportation proceedings.

Evidence for I-751

You'll need to provide evidence that your marriage is still genuine and ongoing, including:

• Joint federal tax returns filed during the 2-year period
• Birth certificates of children born during the marriage
• Lease or mortgage showing both names
• Joint bank account statements
• Joint insurance policies
• Joint utility bills
• Photographs together throughout the 2-year period
• Affidavits from family and friends

What If You're No Longer Together?

If your marriage ends before you can file the joint I-751, your spouse may still be able to remove conditions by filing a waiver request. Available waivers include:

• Divorce waiver: If the marriage was entered in good faith but ended in divorce
• Abuse waiver: If the immigrant was battered or subjected to extreme cruelty by the U.S. citizen or permanent resident spouse
• Extreme hardship waiver: If terminating the immigrant's status would result in extreme hardship

Common Issues and How to Overcome Them

The marriage visa process doesn't always go smoothly. Here are common challenges our clients face and how we address them.

Request for Evidence (RFE)

If USCIS or NVC needs additional information or documents, they will issue a Request for Evidence. Common RFE topics include:

• Insufficient proof of bona fide marriage
• Missing or incorrect documents
• Questions about financial qualifications
• Need for additional relationship evidence

Solution: Respond thoroughly and on time. An RFE is not a denial—it's a request for more information. With Modern Law Group, we prepare comprehensive initial petitions to minimize RFEs, and respond strategically when they do occur.

Prior Immigration Violations

If your spouse has overstayed a visa, entered illegally, or has other immigration violations, they may face inadmissibility bars or other complications.

Solution: Depending on the violation, waivers may be available. The I-601 waiver can excuse certain grounds of inadmissibility for immediate relatives. For those who entered illegally and need to leave for consular processing, the I-601A provisional waiver allows the waiver to be adjudicated before departure, reducing risk.

Criminal History

Certain crimes can make your spouse inadmissible, including crimes of moral turpitude, drug offenses, and multiple criminal convictions.

Solution: A detailed review of the criminal record is essential. Some crimes may not actually trigger inadmissibility. Where they do, waivers may be available. An experienced immigration attorney can evaluate the specific convictions and advise on options.

Fraud Concerns

If the consular officer suspects the marriage is not genuine—due to a large age gap, brief courtship, inability to communicate in a common language, or lack of evidence—the case may be denied or delayed.

Solution: Compile extensive evidence of your genuine relationship. Photos, communication records, travel records, joint financial documents, and affidavits from people who know you as a couple can all demonstrate the bona fides of your marriage.

Medical Examination Issues

The immigrant visa medical exam may reveal issues such as incomplete vaccinations or certain health conditions that require follow-up.

Solution: Most medical issues can be resolved by completing required vaccinations or obtaining a waiver (for vaccine exemptions on religious or medical grounds). Communicable diseases of public health significance may require additional documentation or treatment before the visa can be issued.

Administrative Processing

Some cases are placed in "administrative processing" after the interview, meaning additional background checks or security reviews are needed. This can add weeks or months to the timeline.

Solution: Unfortunately, there is little that can be done to speed up administrative processing. We can make inquiries on your behalf and ensure the embassy has all requested information. Most cases are eventually approved, but patience is required.

Why Choose Modern Law Group

With over 10,000 families reunited and a 99% approval rate, Modern Law Group has the experience and expertise to handle your marriage visa case from start to finish. Here's what sets us apart:

Dedicated Caseworkers

Your case is assigned to a caseworker who specializes in marriage-based immigration and knows the nuances of your spouse's country. You'll have a direct point of contact who knows your case inside and out.

Attorney Review of Every Case

Unlike many firms where paralegals prepare and file petitions with minimal attorney involvement, every Modern Law Group case is reviewed by an attorney before filing. This extra layer of review catches errors and ensures the strongest possible presentation.

Secure Client Portal

Track your case progress in real time through our secure client portal. Upload documents, view status updates, and communicate with your team—all in one place.

Multilingual Staff

Our team speaks English, Spanish, Russian, and other languages. We can communicate with you and your spouse in your preferred language, reducing confusion and making the process smoother.

Transparent Flat-Fee Pricing

We believe in clear, upfront pricing with no hidden fees. You'll know exactly what your case costs before you begin. Our flat-fee structure means you pay one price for our representation regardless of how many hours we spend on your case.

National Representation

With offices in San Diego, New York, and Texas, we serve clients throughout the United States. No matter where you live, we can represent you in your marriage visa case.

Interview Preparation

We don't just file forms—we prepare you for success. Before your spouse's embassy interview, we conduct a thorough preparation session covering common questions, document organization, and what to expect. Our clients go into their interviews confident and prepared.

Frequently Asked Questions