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clarity on US spouse Visa. How long does it take to come through?
18-Jun-2023 (In Immigration Law)
1. If I get married to a US Citizen in the US and apply for a Spouse Visa - How long does it typically take for the Visa to come through. 2. Since I have a 10 year valid US Tourist visa, Can I travel back and forth into the US from India on tourist visa while my Spouse Visa is being processed ? 3. If I were to get a Fiancé visa, how much time does the fiancé visa take to come through?
There is no visa called Spouse Visa after you get married to a U.S. Citizen. You will get a conditional Immigrant Visa (Green Card) after your spouse applies for your I-130 petition and you successfully attend a Consular interview after I-130 approval. How long would it take to get Conditional Green Card would depend whether the U.S. Citizen is submitting the I-130 in the United States or at the CIS international field office aboard. Note that only in limited circumstances, a U.S. Citizen can apply for I-130 at the CIS international field office aboard. It would take approximately 8-10 months to obtain conditional Green Card. In the meantime, you could travel using your B-2 visa; however, you may face problem at the Port of Entry as the B-2 is a nonimmigrant visa and by submitting I-130 your husband would declare your immigrant intent to USCIS. Fiancé visa processing almost takes almost the same time as getting a conditional Green Card after getting married to a U.S. Citizen. Note that it would be easy to get Conditional Green Card rather than Fiancé visa if you are an Indian Citizen.
Please have your husband consult with an experienced Immigration Attorney in the United States.
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