Things to Know About a Spousal Visa

If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are

  • Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) – An immigrant Petition for Alien Relative, Form I-130 is required.
  • Nonimmigrant visa for spouse (K-3) – It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required:
    • Petition for Alien Relative, Form I-130; and
    • Petition for Alien Fiancé(e), Form I-129F

If you are an American citizen, you may bring your fiancé(e) to the United States to marry; and live here.

  • Nonimmigrant visa for fiancé(e) (K-1)- To travel to the United States for marriage. An I-129F fiancé(e) petition is required.

There are also some conditions for specific visa applications.  These are some requirement examples for a K-3 application.

• First, only American citizens can file a marriage visa petition on behalf of his non-U.S. citizen spouse. The American spouse must prove that he is a lawful citizen of the United States. Documents that will prove this are birth certificate, naturalization certificate or unexpired passport.

• Second, the couple must prove that their marriage is authentic and not just a union on paper. Several documents should be presented to be convincing. Examples of these documents are marriage certificate, divorce or annulment certificates if you have been previously married, deed of joint ownership of a property, financial papers showing both your names as co-owners, lease agreement under both your names, and others of the like. Affidavits of friends attesting to the genuineness of your marriage are also acceptable.

• Third, the petitioner must also prove that he or she is financially capable of supporting the foreign born spouse in the U.S.. Financial records will have to be submitted to prove eligibility.

Contact an attorney directly if you need more information or have any questions on spousal visas.

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