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Spouse

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If you are an American citizen you can sponsor your spouse (Husband and wife) in two different ways to stay with you in United States of America. They are:-

1) Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1)-Form 130 is required.

You can call your spouse if you are legally married to your foreign spouse or in cases of polygamy, only the first spouse may qualify as a spouse for immigration. Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs.

Eligibility to sponsor your foreign spouse:-

  • Sponsor must be a lawful citizen of USA.
  • Sponsor should be at least 21 years of age to file petitions for siblings or parents. However, a U.S. citizen or lawful permanent resident (LPR) must be at least 18 years of age and have a residence (domicile) in the U.S. before he or she can sign an Affidavit of Support, Form I-864 or I-864-EZ.
  • Sponsor must have sufficient funds and assets to support Spouse intending to migrate and must maintain principal residence (also called domicile) in the U.S
  • Sponsor must be ready to sign affidavit of support for the family intending to migrate.
  • Sponsor should get approval of immigrant visa petition, I-130 (Petition for Alien Relative) from USCIS.

Fees:-

  • Filing an immigrant Petition for Alien Relative, Form I-130 (this fee is charged by USCIS). -420 USD
  • Immigrant Visa Application Processing Fees for Immediate relative and family preference applications (processed on the basis of an approved I-130, I-600 or I-800 petition)-$230
  • Medical examination and required vaccinations (costs vary)
  • Other costs may include: translations; photocopying charges; fees for obtaining the documents you need for the immigrant visa application (such as passport, police certificates, birth certificates, etc.); and expenses for travel to the U.S. embassy or consulate for your visa interview. Costs vary from country to country and case to case.

2) Nonimmigrant visa for spouse (K-3) who married a U.S. citizen-It must be filed and the visa must be issued in the country where the marriage took place-Once the visa is issued the spouse can come to USA while the immigrant visa IR1 or CR1 is being processed- Petition for Alien Relative, Form I-130; and Petition for Alien Fiancé(e), Form I-129F is required

Non immigrant visa can further be categorized into two. They are:-

Nonimmigrant Visa for a Spouse (K-3)

  • K3 visa is a nonimmigrant visa designed for the spouses of US citizen to shorten the physical separation between the US citizen spouse and the foreign spouse. Foreign spouse can file the visa application in the country where the marriage took place and come to USA to live with their American spouse while waiting for their I-130(immigrant visa petition) to be approved.

    Fees:-

    • Filing a Petition for Alien Relative, Form I-130- $420
    • Filing an Alien Fiancé (e) Petition, Form I-129F- $340.
    • Medical examination (required for each K visa applicant; costs vary from post to post)
    • Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and travel expenses to the U.S. Embassy or Consulate for an interview. Costs vary from country to country and case to case.
      Filing Form I-485, Application to Register Permanent Residence or to Adjust Status- $1070,

    Nonimmigrant Visa for a Fiancé (e) (K-1)

    • K1 Visa helps foreign fiancé of US citizens to come and marry them in USA within 90 days of their arrival.
      In order to apply for K1 visa the following conditions must be met:-
    • Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter.
    • The marriage must be legally possible as per the US laws of the state where marriage is going to take place.
    • Foreign fiancé and US sponsor must have met each other within the past 2 years before filing the petition, however there can be exception in certain cases.

      Fees:-

      Filing an Alien Fiancé (e) Petition, Form I-129F-$340.

      • Medical examination (required for each K visa applicant; costs vary from post to post)
      • Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and travel expenses to the U.S. Embassy or Consulate for an interview. Costs vary from country to country and case to case.
      • Filing Form I-485, Application to Register Permanent Residence or to Adjust Status-$1070,

       

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