Steps You Need To Take To Apply For US Immigration Of Your Spouse
According to the US immigration of a spouse laws a spouse is defined as husband or a wife, an individual to whom another is married legally. Living together does not constitute a legal marriage as per US immigration laws. Sponsoring a partner is not the same as sponsoring a spouse. In order to sponsor the US immigration of spouse you also need to be at least 18 years of age and be a resident of the US. In case your spouse was married earlier then documentation is required to prove that currently your spouse is legally married only to you. Different countries have different ways of recognizing a marriage and the US immigration of spouse laws take this into account. For example, even if you do not have any certificate making the marriage legal if the marriage is recognized as such in the country where it took place and the couple are both permanent residents of that country at the time of marriage then that marriage is qualified for US immigration of spouse. Religious marriages must be automatically recognized as legal marriages in a country or they will not be accepted without the right civil marriage certificate. Examples of valid marriages include the following.
1. Arranged marriages provide the spouses have met before the application for US immigration of spouse is filed. 2. Marriages where either the bride or the groom is absent or is represented by some official at the ceremony. 3. Tribal marriages 4. Religious marriages In case your spouse is already in the US on a non-immigrant visa then you, as a citizen or permanent resident, can file the I-130 immigrant petition while your spouse can file the I-485 petition to have the visa status changed to permanent resident. In case your spouse is current in some other country then you will have to file the immigration petition so that the USCIS can notify the US Embassy in the country of your spouse's residence. After this immigration petition is approved the US State Department's National Visa Center will send you what is known as "Packet 3". You spouse will now have to go to the US Consulate in his/her country of residence will the immigration application filled completely. Your spouse becomes a permanent residence of the US upon arriving with an immigrant visa. These are the overall steps that you need to take in order to file for US immigration of spouse. |
