Applying for a US Immigration Visa through your Spouse

One of the ways for a foreigner to get a US Visa is to apply for a spouse visa.  Some couples find this as one of the fastest methods of getting a US visa that many of them get married before they come back to settle in the United States.

Requirements to be met by your US citizen spouse to file for a petition

Application for a K-3 Visa has the following requirements:

*  The person should be married to a US citizen and the spouse has filed a Petition for Alien Relative.

*  The person must be a beneficiary on the spouse’s I-129F form.

*  The person must request permission to enter the United States to complete the process.

Once the mentioned requirements are met, the following documents are required to be submitted at the US Citizenship and Immigration Services Office:

*  birth, marriage, divorce and/or death certificates

*  valid passport

*  medical exam from an accredited hospital

*  police clearance

Applying for a US Immigration Visa through your Spouse

Step 1:  Submit the Petition for Alien Relative.

This is done by the US citizen to establish a legal relationship with a foreigner who would like to migrate to the United States.  The I-130 form must be filled out and submitted to the USCIS.  Once this has been processed, a visa number becomes available for the person.

NOTE:  One I-130 form should be submitted for each eligible relative.  Instead of coming to an USCIS Center, the forms must be mailed to the USCIS lockbox that has been designated for each location.  There is a filing fee of $355.

Step 2:  File the Petition for Alien Fiancé(e).

Once the USCIS has received your Petition for Alien Relative, they will send you the Notice of Action or Form I-797.  This is just to inform you that your request was received.  You then need to send a copy of this notice, along with your Petition for Alien Fiancé(e) (Form I-129F) and the supporting documents.

NOTE:  These documents will have to mailed to the USCIS address that is found on their website.  You may also refer to the form for this address.

The foreign spouse must also come to the US embassy in their country to apply for the K-3 visa.  His or her children may also apply for the K-4 visa.

Step 3:  Come to the US to file for the Adjustment of Status.

After the documents have been processed, the spouse may come to the United and request for the Adjustment of Status (AOS).  The form I-485 must be submitted by the foreign spouse to register as a permanent resident.  The US citizen spouse must also file the Affidavit of Support (Form I-864) so that his or her spouse can become a legal US resident.

NOTE:  This step will have to be done at the USCIS office.

Step 4:  File for the Removal of Conditions for Permanent Status

This step has to be done if you have been married for less than two years.  File the form I-751 to remove the two-year expiration of your spouse’s green card.

NOTE:  This is not a mandatory step.

Step 5:   Apply for employment authorization and social security number.

For the spouse to be authorized to work in the United States, he or she must have an employment authorization card and a social security number.

If all of these steps are done correctly and all the documents are complete, the application for a spouse visa will take five to seven months.  Incomplete forms and requirements will certainly increase the processing time.

Photo Credit : gruntzooki

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