Yes, as a U.S. citizen, you can file for your foreign national spouse to come to the United States while they are abroad. The process is known as "spousal visa" or "immigrant visa" application. There are two primary types of immigrant visas for spouses of U.S. citizens:
CR-1 Visa (Conditional Resident Visa): If you have been married for less than two years, your spouse will receive a CR-1 visa. It allows them to enter the United States as a conditional permanent resident. Within the 90-day period before the second anniversary of their entry into the U.S. on a CR-1 visa, your spouse must apply for a change of status to become a permanent resident (green card holder).
IR-1 Visa (Immediate Relative Visa): If you have been married for more than two years, your spouse will receive an IR-1 visa. This visa allows your spouse to enter the United States as a lawful permanent resident (green card holder) without the need for conditional status.
The process involves several steps, which generally include:
Filing Form I-130, Petition for Alien Relative: You, as the U.S. citizen petitioner, must file this form with the U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between you and your spouse.
Processing at the National Visa Center (NVC): Once the I-130 petition is approved, it will be forwarded to the NVC, where the visa processing fee and supporting documents will be submitted.
Consular Processing: After the NVC completes the processing and the visa becomes available, your spouse will be notified to attend an interview at the U.S. embassy or consulate in their home country. The consular officer will determine whether the spouse is eligible for the immigrant visa.
Entering the U.S.: If the visa is approved, your spouse can enter the United States and receive their Green Card (permanent resident card) shortly after arriving.
Keep in mind that immigration laws and procedures can change over time, so it's essential to refer to the official USCIS website or consult with an immigration attorney for the most up-to-date and accurate information before beginning the application process.