What to Know about Your Spouse's Immigration Visa

Your spouse may be eligible for immigration to the US. Alien spouses of US citizens and lawful permanent residents are eligible for family based green cards.

Eligibility

The most important factor determining your spouse’s eligibility for immigration to the US is your immigration status. You must be a US citizen or a lawful permanent resident. If you are in the US on a non-immigrant visa, your spouse can visit the US on a non-immigrant visa but your spouse cannot immigrate to the US. You must be legally married. For the purpose of immigration to the US, staying together does not count as being legally married. Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs. Polygamy is illegal in the US. So only the first spouse will be eligible for immigration to the US in case of a polygamous marriage. When you file an immigration petition for your alien spouse, you will be required to sign the Affidavit of Support (Form I-864 or I-864EZ). To sign this affidavit, you must be at least 18 years of age and have a domicile in the US.

Citizen vs. Lawful permanent Resident

Alien spouses of US citizens are eligible for immigration under the immediate relative category. If the marriage is less than two years old, the alien spouse will be granted conditional residency status for two years. There is no waiting period for the immediate relative visa category. As and when the I-130 Petition for Alien Relative is approved, the alien spouse can apply for change of status or consular processing. Alien spouses of lawful permanent residents are eligible for immigration to the US under the Family Second Preference category. The number of visas issued under this category each year is limited and when the I-130 petition is approved, the alien spouse must wait until the priority date becomes current to apply for change of status or consular processing. However the alien spouse of a lawful permanent resident need not wait until the priority date becomes current to join his or her lawful permanent resident spouse in the US. He or she can enter the US on a V visa if the lawful permanent resident has filed the I-130 petition on or before December 21, 2000 and the priority date is at least three years old but not yet current.  

Ineligibility

Under Section 212(a) of the Immigration and Nationality Act, an alien may be ineligible to receive a US visa on health grounds, foreign policy, criminal grounds and security grounds. Your spouse may also be ineligible for immigration if he or she is deemed to be likely to become a public charge.  

Getting legal help

Consult with an experienced US immigration attorney to know determine your spouse immigration eligibility. The attorney can study your case and let you know if your spouse is eligible.