How to petition the immigrating spouse of us citizen


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How to petition the immigrating spouse of us citizen

  1. 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 familybased immigration. To immigrate to the United States, you must be sponsored by your UScitizen spouse. Your spouse who is a US citizen, must file the USCIS Form I-30, Petition forAlien Relative, in order to sponsor an immigrant visa with which you may enter the UnitedStates. In order to be eligible for a marriage visa, you must prove that you are a legallywedded husband or a wife of the US Citizen. With a marriage visa, the foreign spouse of a UScitizen 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 annuallimit in the numbers visas issued to immediate relatives of US citizens. If the foreign spouse ofthe US citizen is already in the United States in some other non-immigrant category, theforeign 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 citizenspouse files Form I-130, Petition for Alien relative. Through adjustment of status, the foreignspouse 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 UScitizen may first file Form I-130, for the foreign spouse. After approval of the petition, USCISwill 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 mustapply 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 visaand she may become a permanent resident.Filing Form I-130As a US citizen, while you file Form I-130, you must submit certain other documents assupporting evidence. You must submit copies of documents such as your US passport inorder to prove that you are a US citizen. To establish your relationship with your foreignspouse and to prove that your marriage is genuine, you must submit copies of your marriagecertificate. You may be required to provide copies of certain other documents to establish thatyour marital status is authentic. You must also make all efforts to prove that you had notentered into the marriage just for immigration purposes.Fill out the form completely, without missing or concealing any important information. As theform consists of three parts make sure that you mention the relationship between you and thebeneficiary in the Section A, details about yourself such as your name, address and date ofbirth in Section B and the details about the beneficiary in Section C. You must also completeand sign Form I-864, Affidavit of Support, to demonstrate that you will accept the legalresponsibility to financially support your spouse for whom you sponsor an immigrant visa toimmigrate to the United States. An affidavit of support is required to show that the foreignspouse who is seeking a marriage visa to immigrate to the United States has enough financialsupport and that the spouse may not become a public charge.