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Getting an immigrant visa for a spouse

Many Americans living abroad have married foreign citizens, and they are now wondering how their new wife or husband can legally move to the United States. The first step is to obtain a solid understanding of the immigration procedures for obtaining a spouse visa. The procedures for obtaining a visa for a spouse can be somewhat complex, and this post will endeavor to cast a bit of light on this murky world.

A petition for a spouse visa must be filed by an American citizen who resides in this country. The first form to be filed is Form I-130, Petition for Alien Relative, and it must be filed with the Department of Homeland Security, Citizenship and Immigration Services. In some cases, the petition can be filed by a spouse who is an American citizen who lives outside of the United States. The sponsor of the petition, usually the spouse, must reside in the United States. The affidavit supporting the visa application must be signed by a person who is at least 18 years old. A person who is a U.S. citizen when the application for the spouse visa is filed must file a separate application for each child who wishes to immigrate.

A number of documents may be required before the application is processed. These documents include a passport issued by the spouse's home country with an expiration date at least 6 months beyond the spouse's intended date of entry. The sponsor must also complete and sign an affidavit (Form I-864) in support of the application. After completing the application, the spouse must sit for an interview in the home country.

The visa process can be considerably more complicated than the steps outlined above. If the process encounters unexpected roadblocks, the services of an experienced immigration attorney may be necessary.

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Berke Law Offices, Inc.

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Berke Law Offices, Inc.
21911 Sherman Way
Canoga Park, CA 91303

Phone: 818-647-1002
Phone: 818-647-1002
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