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How to bring a non-citizen spouse to the U.S.

On Behalf of | Jul 22, 2024 | Family Immigration

When a United States citizen marries someone who isn’t a citizen of this country, they may decide that they want to bring them back to the U.S. There’s a process that must be followed so that the non-citizen spouse can enter the country legally.

The first thing to do is to file a petition, Form I-130, Petition for Alien Relative. This establishes the relationship between the citizen and the non-citizen spouse. When this petition is approved, the spouse can file their petition for an immigrant visa. This will generally need to be done at the U.S. embassy or consulate in the spouse’s home country.

Consular processing and visa issuance

Once Form I-130 is approved by the United States Citizenship and Immigration Services (USCIS), it’s sent to the National Visa Center (NVC). The NVC will contact the spouse to obtain documentation necessary for issuance of the visa. This includes:

  • Proof the citizen can financially support their spouse
  • Medical examinations
  • Police certificates

There’s also an interview that will be scheduled at the U.S. embassy or consulate. The consular officer has to determine if the marriage between the citizen and non-citizen is authentic. If this and everything else checks out, the non-citizen spouse will receive their visa.

Adjustment of status for spouses in the U.S.

Sometimes, a non-citizen spouse is already in the U.S. lawfully. Those individuals can apply to adjust their status to a lawful permanent resident. This won’t require them to leave the country. They need to file the Form I-130 and the Form I-485, Application to Register Permanent Residence or Adjust Status.

USCIS will review the application, conduct a background check and schedule an interview to confirm that the marriage is authentic. Once approved, the spouse will receive a green card that grants them permanent residency in this country.

The process of bringing a non-citizen spouse to the U.S. can be rather complicated in some cases. It may behoove couples who are going through this process to seek legal assistance so they know that they’re doing what’s required to get the visa that’s necessary to bring the non-citizen spouse to the U.S. legally.

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