A person who is married to a foreign national and wants to sponsor them to migrate to the USA and live with them can apply through this visa. This visa is designed for those applicants whose spouses or fiancés are in another country.
What Is Spouse?
A spouse is a legally wedded husband or wife. If a person is a citizen of the USA but his or her spouse is another country. Then the applicant can sponsor them in two ways:
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Immigrant visa for a spouse of a USA Citizen
In order to become eligible to bring their spouse (husband or wife) to live in the USA as a Green Card holder (permanent resident); the applicants must be either a USA citizen or a Green card holder.
How to apply?
|
The applicants are a: |
Their spouse is: |
How to Apply |
| U.S. citizen | Inside the United States (through a lawful admission or parole) | File Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time. |
| Outside the United States | File Form I-130, Petition for Alien Relative.
When the Form I-130 is approved, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. See form instructions for more information. |
|
| Green card holder (Permanent resident) | Inside the United States (through lawful admission or parole) | File Form I-130. After a visa number becomes available, apply to adjust status to permanent residency using Form I-485. NOTE: Unless the beneficiary (your spouse) had an immigrant visa petition or labor certification pending prior to April 30, 2001, the beneficiary must have continuously maintained lawful status in the United States in order to adjust status |
| Outside the United States | File Form I-130. When Form I-130 is approved and a visa is available, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. |
Documents required
To complete the process, the petitioner must submit:
- Form I-130 (signed with proper fee), with all required documentation, including:
- The applicants must have a copy of the applicants civil marriage certificate
- The applicants must have a copy of all divorce decrees, death certificates, or annulment decrees that demonstrate that all previous marriages entered into by them and/or their spouse was terminated
- The applicants must have a passport-style photo of them and their spouse
- The applicants must have an evidence of all legal name changes for them and/or their spouse (may include marriage certificates, divorce decrees, court judgment of name change, adoption decrees, etc.)
- If the applicants are a U.S. citizen, they must demonstrate their status with:
- A copy of their valid U.S. passport OR
- A copy of their U.S. birth certificate OR
- A copy of the Consular Report of Birth Abroad OR
- A copy of their naturalization certificate OR
- A copy of their certificate of citizenship
- If the applicants are a green card holder (permanent resident), they must demonstrate their status with:
- A copy (front and back) of Form I-551 (green card) OR
- A copy of their foreign passport bearing a stamp showing temporary evidence of permanent residence.
-
Nonimmigrant visa for a spouse (K-3)
The K-3 is a nonimmigrant visa that is designed for the foreign-citizen spouse of a citizen of the USA. If a USA citizen filed a Form I-130, Petition for Alien Relative for their foreign spouse who is abroad, they can also file a Form I-129F, Petition for Alien Fiancé (e). This is the first step for their spouse and their children to obtain a visa to migrate to the USA.
Eligibility
If the applicants are a U.S. citizen, their foreign spouse may be eligible for a K-3 visa if he or she:
- Is married to them;
- Is the beneficiary of a Form I-130, Petition for Alien Relative that they filed for him or her; and
- Seeks to enter the United States to await USCIS’ decision on the Form I-130.
A child of their foreign spouse may be eligible for a K-4 visa if he or she is:
- Under 21 years of age;
- Unmarried; and
- The child of the K-3 visa applicant they filed for.
Green Card for Fiancé (e) of U.S. Citizen
A USA citizen is allowed to petition for a foreign national fiancé (e) to get a K-1 nonimmigrant visa to travel to the United States and seek admission within 90 days after being admitted as a K-1 nonimmigrant, the foreign national must enter into a bona fide marriage with the U.S. citizen who filed the Form I-129F, Petition for Alien Fiancé (e), on his or her behalf.
The foreign national spouse can then apply for lawful permanent resident status in the United States (get a Green Card) after being admitted to the United States as a K-1 nonimmigrant and marrying the U.S. citizen petitioner within 90 days.
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