If you want to bring your spouse to the U.S. and apply for a spouse visa, then you either need to be a citizen of the United States or a permanent resident (Green Card holder). Bringing a spouse to the U.S. is a challenging process, which often includes several steps. Due to the increased rate marriage fraud in visa cases, USCIS takes special care in such visa cases. Find out here how to apply for a spouse visa for the U.S.
Different Application Processes
There are only a few ways through which you can bring your spouse to the U.S. by applying for a spouse visa. Let’s take a look at these processes in detail.
- If you are a U.S. citizen or permanent resident (Green Card holder) and your spouse is inside the U.S., you can file for Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence) to Adjust Status. This is called concurrent processing
- If you are a U.S. citizen or permanent resident (Green Card holder) and your spouse is outside the U.S., you can file Form I-130 and then file Form I-485 later. This is called consular processing.
- If you are not yet married, you can apply for a K visa, also known as the Fiance visa. This visa allows your fiance to enter the United States, get married and then file form I-485.
The petitioner is required to submit complete documentation for the completion of the application. The following documents are required by the USCIS for spouse visa petition.
- Passport size photos of you and your spouse (separately, not in the same image).
- Copy of your marriage certificate.
- Proof of legal name changes after marriage.
- Evidence that all the previous marriages of you and your spouse are terminated.
- Two signed and completely filled forms G-325A forms by you and your spouse.
- If you are a U.S. citizen: naturalization certificate, copy of your U.S. passport, Consular Report of Birth Abroad, or birth certificate.
- If you are a Green Card holder or permanent resident: Copy of your Green Card, Form I-551, (front and back) and a copy of your passport with a stamp from when you were admitted as a permanent resident.
Once you have petitioned for a spouse visa, you will need to wait until you get a notice from the consular office.