Needless to say, most women tend to marry US citizens in order to obtain citizenship. In fact, there are also a lot of cases wherein fixed marriage is being practiced for convenience. But whatever the purpose is, marrying a US citizen and bringing your spouse in the US is a very complicated process. That is why you need to be prepared and hire the best immigration lawyer in order to speed up the process. Aside from that, you must also have the basic knowledge of how to apply for visa requirements for a non-American spouse of a US citizen.
If You Are A US Citizen
There are two (2) different processes when applying for a visa for the non-American spouse:
The spouse is living in the US through legal entry or parole. You must file Form I-130 – Petition for Alien Relative and Form I-485 – Application for Permanent Residence or Adjust Status simultaneously.
The spouse is living outside the US. You must file Form I-130 or Petition for Alien Relative. This application will be sent to consular processing and the US embassy once it is approved. Both the spouse and the US citizen will be notified for further information including the process.
If You Are A Green Card Holder
A green card is an identification card of your permanent residency. Similar to individuals who are already US citizens, there are also two (2) different processes involved depending on the application of the visa:
The spouse is living in the US through legal entry or parole. You ought to file Form I-130 then you can file Form I-485 once the visa becomes available.
The spouse is living outside the US. All you have to do is file Form I-130. Once the application is approved and a visa is also available, it will be sent to consular processing and the US embassy. They will also notify you and your spouse for further information.
On the other hand, special conditions may apply to those who are a member of a US military.
How To Apply For Form I-130
The petitioner must complete the application form along with the following documents:
- 2 completed and signed G-325A forms (one for you and one for your spouse)
- Copy of marriage certificate
- Passport-sized photos of you and spouse
- Copy of divorce, death certificates or annulments (if there are any)
- All legal documents proving that you and your spouse is legally married
There are also several documents you need to present if you are a US citizen. You must be able to present any of these.
- Valid US Passport copy
- US Birth Certificate copy
- Consular Report of Birth Abroad
- Naturalization Certificate
- Citizenship certificate
If you happen to be a green card holder, you must present any of the following:
- Form I-551 copy (front and back required)
- Foreign passport copy which shows stamp proving temporary evidence of permanent residency.
You can apply for a visa and file an application via online. You can also check the status of your application by just visiting the USCIS “My Case Status” page.