1. 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.