U.S. Visas: V-1

A V-1 is a visa issued to certain spouses of lawful permanent residents who are awaiting approval of an I-130, Petition for Alien Relative, or who have had an approved I-130, filed on their behalf more than 3 years ago.

Who Qualifies for a V-1 Visa?

A spouse of a Lawful Permanent Residents of the U.S. (Green Card Holders) who is the Beneficiary of an I-130 immigrant visa petition that has been pending with the USCIS for at least 3 years. Additionally, a spouse of a green card holder who is the Beneficiary of an approved I-130 petition that was filed more than 3 years ago is also eligible for a V-1 visa.

What Are The Requirements For A V-1 Visa?

The spouse is the Beneficiary listed in Form I-130 that has been:

1. Pending for 3 years or more; or,
2. Approved and filed more that 3 years ago and presently either an immigrant visa number is not yet available to the Beneficiary; or an immigrant visa number is available to the Beneficiary but his/her application for an immigrant visa abroad or application for adjustment of status in the U.S. is still pending.

Can V-1 Visa Holders be Employed?

Yes; V-1 visa holders may concurrently or subsequently file Form I-765 Application for Employment Authorization.

How Long Is The V-1 Visa Valid?

The V-1 visa stamp issued by the Consulate is generally valid for up to ten years. A change of status in the U.S. to V-1 status is typically granted for two year periods and extensions of stay may be grant on the same basis.

Termination of V-1 Status

V-1 status automatically terminates 30 days following:

1. The denial, withdrawal or revocation of the I-130 petition, the immigrant visa application or the adjustment of status;
2. The V-1 spouse’s divorce from the Legal Permanent Resident becomes final; or,
3. The naturalization of the petitioning Legal Permanent Resident in which case the V status will terminate after the current period of admission ends.