Visa For Foreign Spouse
The first step is to file a Petition for Alien Relative, Form I-130 for your spouse (husband or wife) to immigrate to the United States. You file the petition with the Department of Homeland Security's, Bureau of Immigration and Citizen Services (BCIS) immigration Field Office in the United States that serves the area where you live. For instructions on how to file a petition see Petitioning Procedures: Bringing a Spouse (Husband of Wife) to Live in the United States. Legal marriage alone makes your partner eligible for the visa. Common-law marriages are acknowledged only if they are given same status as legal marriages in the country where the marriage took place. Living together does not suffice for getting an immigrant visa.
An Affidavit of Support (Form I-864) has to be signed alongside the Petition for Alien Relative. The criterions for submitting this form are 18 years and a domicile in the U.S. An unmarried US citizen can file a petition for the K-1 visa. It is a non-immigrant visa for fiancés and fiancées of US citizens. You have to file the petition (Form I-129 F) by mail to the USCIS Regional Center. You also have to furnish evidence of your relationship, and prove that both of you have met before and both parties have the intention of marrying. Both candidates cannot have a criminal record, or histories of sexual, moral abuse. Certain changes in the law restrict the number of petitions per citizen and clearly disapprove the role of “marriage agencies”. On an average, it takes 6 months for approval, although depending on the respective embassy. Once the petition has been approved, the request is forwarded to the National Passport Center and then to the US Embassy in your partner’s area. Meanwhile, your fiancé/fiancée has to undergo a medical examination for tests like HIV/AIDS, Tuberculosis and Syphilis. This will be followed by his/her interview to ensure that the whole exercise is authentic. In case of the fiancé(e) having children, they are granted K-2 visas depending on the parent’s visa. A lot depends on the interview, and if it is successful, the visa is given instantly. After the passport is processed, your partner has to come to the US within 6 months and the marriage should take place within 90 days of your fiancé/fiancée’s arrival. |
