How To Petition The Immigrating Spouse of U.S. Citizen?

If you are the spouse of a US citizen, you may immigrate to the United States through family based immigration. To immigrate to the United States, you must be sponsored by your US citizen spouse. Your spouse who is a US citizen, must file the USCIS Form I-30, Petition for Alien Relative, in order to sponsor an immigrant visa with which you may enter the United States. In order to be eligible for a marriage visa, you must prove that you are a legally wedded husband or a wife of the US Citizen. With a marriage visa, the foreign spouse of a US citizen or a lawful permanent resident may immigrate to the United States.

The spouse of a US citizen is considered to be an immediate relative and there is no annual limit in the numbers visas issued to immediate relatives of US citizens. If the foreign spouse of the US citizen is already in the United States in some other non-immigrant category, the foreign spouse may adjust status to permanent resident status by filing Form I-485, Application to Adjust Status to Permanent resident, at the same time while the US citizen spouse files Form I-130, Petition for Alien relative. Through adjustment of status, the foreign spouse who is in the United States as a non-immigrant, may become a permanent resident.

If the US citizen wishes to sponsor an immigrant visa for a spouse who is abroad, the US citizen may first file Form I-130, for the foreign spouse. After approval of the petition, USCIS will work with the US Consulate or Embassy, in the country where the foreign spouse lives. After the process is complete and after filling the necessary forms, the foreign spouse must apply for an immigrant visa at the US Embassy or Consulate, in the country where she lives. On obtaining an immigrant visa, the foreign spouse may enter the United States with that visa and she may become a permanent resident.

Filing Form I-130

As a US citizen, while you file Form I-130, you must submit certain other documents as supporting evidence. You must submit copies of documents such as your US passport in order to prove that you are a US citizen. To establish your relationship with your foreign spouse and to prove that your marriage is genuine, you must submit copies of your marriage certificate. You may be required to provide copies of certain other documents to establish that your marital status is authentic. You must also make all efforts to prove that you had not entered into the marriage just for immigration purposes.

Fill out the form completely, without missing or concealing any important information. As the form consists of three parts make sure that you mention the relationship between you and the beneficiary in the Section A, details about yourself such as your name, address and date of birth in Section B and the details about the beneficiary in Section C. You must also complete and sign Form I-864, Affidavit of Support, to demonstrate that you will accept the legal responsibility to financially support your spouse for whom you sponsor an immigrant visa to immigrate to the United States. An affidavit of support is required to show that the foreign spouse who is seeking a marriage visa to immigrate to the United States has enough financial support and that the spouse may not become a public charge.