Can I get a visa for my spouse?
Both U.S. citizens and legal permanent residents of the U.S. can petition for their spouses. In order to obtain a visa in the U.S. without returning to the beneficiary’s home country he or she must have entered the U.S. legally, and either be married to a U.S. citizen, or if married to a legal permanent resident he or she must have not accrued any unlawful presence in the United States. This is because unlawful presence is waived for spouses of U.S. citizens, but not for spouses of legal permanent residents. Therefore, spouses of legal permanent residents who have overstayed their visas in the U.S. cannot adjust status here. They must return to their home country and obtain the visa from the U.S. consulate there, which is called “consular processing”.
How do I apply for a visa for my spouse?
The most important thing to prove in any marriage based visa case is that the marriage was entered into in good faith, that is that it is a “bona fide” marriage. This means that it is a marriage that was entered into for the purpose of sharing a life together, not just to get a visa. You must prove to the immigration department that you have a life together. Any evidence of a shared household or of a romantic relationship can be used to prove this. Many different types of evidence, from official documents bearing both of your names, to letters, emails, and photographs can be used to prove this. If the beneficiary does not have a social security number at the time of the marriage it can be difficult to establish accounts in both names. In this case it is important that you consult with an experienced immigration lawyer about your situation.
What documents must I submit to USCIS to apply for a visa for my spouse?
To apply for a visa for any relative you must submit vital documents proving the family relationship. In the case of a spouse you must submit a copy of your marriage certificate and documents which show that any previous marriage of you or your spouse has been dissolved either by divorce or death. This means that if you or your spouse was ever divorced you must submit a divorce certificate. If either of you was ever widowed you must show the death certificate of the deceased spouse. All of these documents must be translated into English if they are not written in English already.
In addition to these vital documents you must submit a copy of your relative’s currently valid passport. If your relative does not have a currently valid passport, he or she should apply for one as soon as possible. An immigrant must have a passport valid for at least 6 months into the future at the time his or her visa is granted.