Definition of a Spouse
Before you file any documents, it is helpful to understand that “spouse” means
lawful husband or wife. In order to successfully petition for an
immigrant visa for your spouse, your relationship with your spouse
must be established and your spouse must be admissible to the United
States under the immigration law.
Overview of Immigration Process
A legal immigrant (or “lawful permanent resident”) is
a foreign national who has been granted the privilege of living and
working permanently in the United States. There is a three-step process
for your spouse to become a legal immigrant:
- The USCIS must approve an immigrant visa petition that you
file for your spouse.
- 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. If
your spouse is legally inside the U.S. when your visa petition
is approved and when an immigrant visa number (if required)
becomes available, he or she may use the Form I-485 to apply
to adjust
his or her status to that of a lawful permanent resident.
Information
for Citizens
If you are a U.S. citizen, your spouse is considered an immediate
relative and is immediately eligible for an immigrant visa if
your petition is approved. Generally, if your spouse is in the
U.S.
(through a lawful admission or parole) at the time you file the
Form I-130, Petition for Alien Relative, your spouse may file
a Form I-485, Application to Register Permanent Residence or
to Adjust
Status at the same time. If he or she is outside the U.S., your
spouse will need to go to the nearest U.S. consulate to apply
for an immigrant visa.
- Need Help? Call us at -
California (916)-669-0649
Florida (239)-643-5529
Information for Lawful Permanent Residents
If you are a lawful permanent resident and your petition for your
spouse is approved, your spouse will be notified by the Department
of State when a visa number becomes available. If your spouse
is outside of the United States at the time of notification,
he or she must then go to the local U.S. consulate to complete
visa processing. If your spouse is inside the U.S. through a
lawful admission or parole and is maintaining that status at
the time of notification, he or she may file the Form I-485 when
the visa number becomes available. If that is not the case but
the petition was filed on or before 04/30/01, he or she may be
eligible to benefit under section 245(i).
If you do not have the visa number issued by the Department of
State, you must wait for a number to become current. Your spouse
may need to depart the United States to avoid accruing unlawful
presence.
If you were married to your spouse before you became a permanent
resident, your spouse may be eligible to receive following-to-join
benefits. This means that you would not have to submit a separate
Form I-130, Petition for Alien Relative, for your spouse, and your
spouse would not have to wait any extra time for an immigrant visa
to become available.
Conditional Residence
If you have been married less than two years when your spouse is
granted lawful permanent resident status, your spouse will receive
permanent resident status on a conditional basis. You and your
spouse must apply together to remove the conditions on residence.
Please note – you must apply to remove conditional status
within 90 days before the 2-year anniversary of the award date
of your spouse’s conditional legal permanent resident status.
If you fail to file during this time, your spouse will be considered
out of status as of the 2-year anniversary, and may be subject
to removal from the U.S.
How Can I Check the Status of My Visa Petition?
To check the status of your visa petition, you will need to contact
the USCIS office that received it. Full instructions can be found
at Finding the Status of Your Case.
- Need Help? Call us at -
California (916)-669-0649
Florida (239)-643-5529
Can My Spouse Come to the U.S. to Live While the Visa Petition
Is Pending?
If you are a U.S. Citizen, once you file form I-130, your spouse
is eligible to apply for a nonimmigrant K-3 Visa. This will entitle
him or her to come to the U.S. to live and work while the visa
petition is pending. The form to file for this benefit is Form
I-129F. 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 the the U.S. more quickly.
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