If you are a UAE national married to a US citizen, you can apply for a green card that allows you to live and work in America permanently.

In this article, we’ll discuss the application process, requirements, and guidelines for applicants located in the US or UAE.

What is a U.S. Marriage Visa?

Spouses of US citizens are eligible for a marriage (spousal) visa that leads to permanent residency and eventually US citizenship. Depending on the UAE spouse’s location, the application process & processing times can vary. There are different types of marriage-based green cards:

IR-1 (Immediate Relative) Visa:

This visa is issued to spouses of US citizens who have been married to their sponsors for at least 2 years. If a UAE citizen is located outside the U.S., he/she must select the so-called “Consular Processing” that includes an immigrant visa application with the U.S. Department of State. The UAE citizen will attend an interview at the US Consulate in Dubai. If approved, the UAE spouse will receive a 10-year green card.

CR-1 (Conditional Resident) Visa:

Spouses of U.S. Citizens who have been married for less than two years at the time of visa approval. It is conditional residency (2-year green card), to be upgraded to a 10-year green card later in the process by filing Form I-751, Petition to Remove Conditions on Residence.

F2A Visa (Family Second Preference):

Wife/husband of a green card holder (lawful permanent resident). The F2A visa has annual caps that IR-1 and CR-1 visas don’t have, so processing times for the F2A can be longer depending on when their “priority date” becomes current according to the latest US Visa Bulletin.

K-3 Visa:

A non-immigrant visa for the spouses of U.S. citizens who are awaiting approval of an immigrant petition while abroad to come to the U.S. It’s less commonly used today due to processing overlaps with the CR-1/IR-1 process.

Applying For A Spousal Visa From The UAE

If the foreign spouse is located in the UAE, does not possess a valid US visa (for example, a tourist visa), the whole process will be completed outside the U.S. The immigrant spousal visa is issued by the U.S. embassy/consulate for such applicants. The consular processing steps are as follows:

  • Step 1: Petition Form I-130 (Petition for Alien Relative)

The U.S. citizen or green card holder spouse must submit this form to USCIS as evidence that you have a genuine marriage. This step can take about 1 year to complete. The UAE spouse must also complete Form I-130A, Supplemental Information for Spouse Beneficiary with the US Citizenship and Immigration Services (USCIS). This petition must be accompanied by marriage certificate, proof of termination of previous marriages (if any spouse was married before), and substantial proof of bona fide marriage (for example, joint lease agreement, joint bank account statements, birth certificates of children born to the couple, wedding photographs, proof of joint assets and liabilities).

  • Step 2: Wait for USCIS and NVC Processing

Once Form I-130 is approved, USCIS forwards the case to the National Visa Center (NVC), which assigns a case number and requests further documents (UAE spouse’s civil documents – birth certificate, passport, UAE police certificate, US visa type photograph). 

  • Step 3: File DS-260 and the Affidavit of Support

File a Form DS-260 (Online Immigrant Visa Application) and Form I-864 (Affidavit of Support) on the CEAC website demonstrating ability to financially support the immigrant. A US citizen spouse must provide the most recent IRS tax transcript, federal income tax return, W-2 and 1099 forms (if applicable), and proof of their immigration status (US naturalization certificate, US citizenship certificate, unexpired US passport). Proof of sponsor’s income is crucial for successful approval of the spousal visa. Sponsors must meet certain income requirements depending on their household size. If any documents are unacceptable, the NVC will inform you in writing how to correct them.

Have a medical examination completed by an authorized physician (located in the UAE) and obtain a UAE police clearance report. The medical exam must be completed before your interview. Typically, the authorized doctors require you to bring the interview confirmation letter to the appointment. If you resided for more than 6 months in any country after you turned 16, a police certificate from that country is required. Police certificates from the US (if you ever resided there long term) are not required. It is important to strictly follow all the US Consulate’s in Dubai instructions as posted on their website to ensure all documents are prepared.

  • Step 5: Attend the US consulate interview

To appear in person at the U.S. Consulate General in Dubai for the interview with the required documents. Failure to bring the required original documents and photocopies might result in your visa application being refused which significantly delays the process.

  • Step 6: Obtain a Visa And Enter The U.S.

After being approved, the UAE spouse gets a visa stamp valid for 6 months and travels to the U.S. after which the original green card is shipped by mail. Depending on the length of your marriage at the time of arrival in the US on an immigrant visa, removal of conditions might or might not be required. It can take anywhere from 3 months to 6 months to receive the green card by mail.

Applying for a Spousal Visa if You Are in the United States

If you are a UAE national who is already physically present in the U.S. (with a valid visa, such as student or work visa), you can apply for a green card without leaving the country:

  • Step 1: Apply for I-130 and I-485 (Adjustment of Status).

If married to a US citizen, file Form I-130 and Form I-485 (to obtain permanent residence in the U.S.) together. Include a marriage certificate, passport pages (biographic and US visa, CBP stamps), I-94, photos, and financial support documents.

  • Step 2: Go to Your Biometrics Appointment

At this step, USCIS will schedule an appointment for you to be fingerprinted so that you can be identified and subjected to a background check. Attendance is mandatory, keep the stamped biometrics notice for your records.

  • Step 3: Interview with USCIS

Both spouses attend an interview to verify the legitimacy of the marriage. A number of questions will be asked, for example, the history of relationship, details of joint residence and joint finances, background questions.

If approved, the foreign spouse becomes a lawful permanent resident and receives a green card by mail.

If the marriage is less than 2 years old at the time of approval, the UAE spouse will receive a conditional 2-year green card.

To obtain an unconditional green card, the couple will need to submit new evidence of marriage together with the jointly filed Form I-751 (Removal of Conditions).

This application must be filed 90 days before the expiration date of a conditional permanent resident card. 

If the marriage is over 2 years old at the time of approval, a 10-year green card will be issued.

US immigration process can be complex and includes submission of a large number of forms and supporting documents that meet the government requirements.

Mistakes or omissions can result in processing delays and even denial of the application.

To ensure smooth processing, strictly follow the USCIS and US Department of State instructions.

It’s a high stake application that requires your utmost attention and diligent preparation of supporting documents.