A spouse is a legally married husband and wife. In the United States, living together does not qualify a marriage for immigration. However, common-law spouses may be eligible as spouses if the laws of the country where the common-law marriage occurs allow that type of marriage.
In cases of polygamy, only the first spouse may qualify as a spouse for US immigration.
Step-by-step guide:
- First, we file Form I-130, with USCIS for your spouse to immigrate to the USA. Marriage-based cases must always overcome the presumption of marriage fraud. Couples need to send evidence that their relationship is real.
- There is no minimum age to file a petition for your spouse. However, US citizens must be at least 18 years old and have residence in the US before they can sign the affidavit of support.
To bring a foreign person to the US, this person cannot become a public charge. This means that the foreign must have a financial sponsor to file an Affidavit of Support informing the government that this person will not become a public charge and he/she will be responsible for the foreign citizen.
- After the USCIS approves the petition, it is sent to the NVC (National Visa Center). The NVC will begin processing the applicant’s case and instruct them to pay the appropriate fees and documents.
- Then, we start consular processing where the beneficiary will submit documents such as passports, affidavits of support, photographs, civil documents and medical examination.
- When your documents and fees are paid, the NVC will schedule an interview with the US Consulate and send the documents to the consulate.
- If approved, after receiving your visa you can travel to the United States.
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