Bringing Your Spouse To The U.S.

American citizens can bring their spouses to the US to live through two ways.

  1. Through an Immigrant visa for a Spouse of a U. Citizen (IR1 or CR1). In this case, an immigrant Petition for Alien Relative, Form I-130 has to be filed.
  2. Through an non immigrant visa for spouse (K-3)- Here two petitions have to be filed. Petition for Alien Relative, Form 1-130; and Petition for Alien Fiance(e), Form I-129F

Legal Permanent Residents (LPR) can bring their your spouse, children and sons/daughters to the US through :

  1. Immigrant visa (F2A) : family second preference immigrant visa for spouse and children of LPRs
  2. Non immigrant (V) visa :spouse and children of LPRs to travel to the US to wait for processing of the immigrant visa.

As a US citizen or LPR, you are required to file Form I-130 with the USCIS. After they approve the petition, they will send you a notice of approval, Form I-797. The USCIS will also forward the approved petition to the Immigrant Visa Processing Center, which will contact the intending immigrant with further information.

If you are applying to bring your spouse to the U. to live with you, the following have to be filed with the USCIS:

  • Form I-130, Petition for Alien Relative, with all necessary documents
  • A copy of your birth certificate showing your name, or your US passport
  • If you are a citizen and were not born in the US, submit a copy of either your Certificate of Naturalization or Citizenship or your US passport
  • If you are a LPR, submit a copy of your card.
  • Two completed and signed Form G-325A (one for you and one for your spouse)
    A copy of your civil marriage certificate
    A copy of any divorce decrees, death certificates, or annulment decrees that serves as a proof that any previous marriage entered into by you or your spouse was ended legally.
    A color photograph of you and one of your spouse.

Though there is no minimum age to file a petition for a spouse for immigration, to sign the Affidavit of Support, Form I-864, the petitioner has to be 8 years of age and have a domicile in the US before he/she can file. Form I-864 is needed for an immigrant visa for spouses and other relatives of US petitioners.

You must have a domicile (residence) in the US for your spouse to get an immigrant visa. This is because a US domicile is required to file an Affidavit of Support, Form I-864, and this form is required for all spouses of US Citizens (IR-1) immigration cases.

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