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8 Rules to Follow to Obtain a Spouse Visa

If you married your foreign spouse overseas and he or she needs a visa, there are a few rules promulgated by the United States Citizenship and Immigration Services that will apply. Trusted immigration attorneys in San Diego want to share 8 rules you’ll need to follow to obtain a spouse visa.

1. You must be a citizen or permanent resident living in the U.S. at the time you apply for your spouse’s visa. 

2. You must initiate the process by filing Form I-130. 

3. If you are a member or veteran of the U.S. Armed Forces, you may be able to take advantage of an expedited process for your spouse’s visa. In this case, contact the legal liaison specialist of your unit.

4. Along with the I-130 petition, you and your spouse must each complete a Form G-325A. 

5. The documents you should attach to your I-130 petition include: marriage certificate, copies of documents that establish your citizen or resident status, divorce decrees in case this is not your first marriage, and evidence of name changes if they were once different than the way they appear on Form G-325A.

6. You must pay the $535 filing fee at the time you submit the I-130 petition.

7. If your marriage started less than two years ago, your spouse will be initially eligible to apply for conditional residency. You will later be able to file an I-751 petition so your spouse can become a permanent resident.

8. In most cases, your spouse must wait abroad until his or her visa is approved. If you are a citizen, you can file Form I-129F to expedite the approval of a temporary K-3 visa.

Obtaining a fiancé or fiancée visa requires a similar set of rules, though there are additional things to consider if you have not yet married your partner. Get in touch with the immigration law experts at KS Visa Law today to find out the steps you need to take for these and other types of visas. Give us a call today at 858-874-0711 to learn more.

April 2024