Below are some general requirements for a spousal visa (marriage visa):
In order to be able to successfully petition for an immigrant visa for your spouse, your lawful
relationship with your husband or wife must be established and your spouse must be
admissible to the United States under immigration laws.
If you are a petitioning U.S. Citizen, your spouse is considered an immediate relative and is
immediately eligible for an immigrant visa if your petition is approved. Typically, if your
spouse is currently in the U.S. and was lawfully admitted when he/she arrived, at the same
time you file the Petition for Alien Relative, your spouse may also file an Application to
Register Permanent Residence or to Adjust Status. If he or she is outside the U.S., the nearest
US consulate will need to issue an immigrant visa for your spouse before he or she can enter
the U.S.A.
Generally, the immigration process for your spouse to become a legal immigrant and lawful
permanent resident (with the privilege of permanently living and working in the USA) consists
of three steps:
A common question presented by clients is whether the non U.S. citizen spouse can come to
the U.S. to live while the visa petition is pending. In the case of a petitioning U.S. Citizen,
once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 Visa through
a I-129F application. This will entitle him or her to come to the U.S. to live and work while the
visa petition is pending. It is not necessary for your spouse to obtain a K-3 visa in order to
come to the U.S. to live and work. Your spouse may wait abroad for immigrant visa processing.
However, seeking a K-3 visa can be a method for him or her to come to the U.S. more quickly.
In the case of a petitioning Lawful Permanent Resident who filed Form I-130 for his/her spouse
and/or minor children on or before 12/21/00, the spouse and/or children may be eligible for
the V visa classification if more than three years have passed since said I-130 was filed.
In order to be able to successfully petition for an immigrant visa for your spouse, your lawful
relationship with your husband or wife must be established and your spouse must be
admissible to the United States under immigration laws.
If you are a petitioning U.S. Citizen, your spouse is considered an immediate relative and is
immediately eligible for an immigrant visa if your petition is approved. Typically, if your
spouse is currently in the U.S. and was lawfully admitted when he/she arrived, at the same
time you file the Petition for Alien Relative, your spouse may also file an Application to
Register Permanent Residence or to Adjust Status. If he or she is outside the U.S., the nearest
US consulate will need to issue an immigrant visa for your spouse before he or she can enter
the U.S.A.
Generally, the immigration process for your spouse to become a legal immigrant and lawful
permanent resident (with the privilege of permanently living and working in the USA) consists
of three steps:
- First, the USCIS must approve an immigrant visa petition that you file on behalf of
your spouse. (If you are not a U.S. citizen, but a legal permanent resident, the State
Department visa bulletin must show that a spouse immigrant visa is available to your
spouse, based on the date you filed the immigrant visa application.) - If your spouse is outside the United States when your visa petition is approved and
when an immigrant visa number (if required) becomes available, your spouse will be
notified to go to the local U.S. consulate to complete the processing for an immigrant
visa. When his or her immigrant visa has been processed, your spouse can then enter
the USA. - Once your spouse arrives in the USA, he or she will need to apply for adjustment of
status to become a legal permanent resident. If your spouse is legally inside the U.S.A.
when your visa petition is approved and when an immigrant visa number (if required)
becomes available, he or she may apply for adjustment of status to that of a lawful
permanent resident.
A common question presented by clients is whether the non U.S. citizen spouse can come to
the U.S. to live while the visa petition is pending. In the case of a petitioning U.S. Citizen,
once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 Visa through
a I-129F application. This will entitle him or her to come to the U.S. to live and work while the
visa petition is pending. It is not necessary for your spouse to obtain a K-3 visa in order to
come to the U.S. to live and work. Your spouse may wait abroad for immigrant visa processing.
However, seeking a K-3 visa can be a method for him or her to come to the U.S. more quickly.
In the case of a petitioning Lawful Permanent Resident who filed Form I-130 for his/her spouse
and/or minor children on or before 12/21/00, the spouse and/or children may be eligible for
the V visa classification if more than three years have passed since said I-130 was filed.
| I-130 Alien Relative and K-3 Spousal Visas |
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