Immigration Petition for an Alien Spouse of a U.S Citizen
The spouse of a U.S. citizen is regarded as an "immediate relative" of the U.S. citizen for immigration purposes. The procedure for the immigration petition for the spouse of a U.S. citizen is:
In the first scenario, the alien spouse is already in the U.S. under a nonimmigrant status. In this case, the U.S. citizen may file an immigration petition (I-130) and the alien spouse may file an application to adjust his or her status to permanent resident (I-485) at the same time.
For more information about Family Based Immigration, Immediate Relatives of U.S. Citizens, please click here.
The second scenario is when the alien spouse is outside the U.S. In this case, the U.S. citizen needs to file an immigration petition and request that the USCIS notify a U.S. Consulate in the country where his spouse lives. Once the immigration petition is approved, the National Visa Center of the U.S. State Department sends a "Packet 3" to the U.S. citizen. After the necessary forms are completed, the alien spouse goes to the U.S. Consulate abroad to apply for an immigrant visa. On the day that the alien spouse enters the United States on an immigrant visa, he or she becomes a U.S. permanent resident.
For more information about Consular Processing, please click here.
Immigration Petition for an Alien Spouse of a U.S. Permanent Resident
A U.S. permanent resident may petition for his or her alien spouse to receive immigration benefits. The alien spouse of a U.S permanent resident cannot follow-to-join, is categorized as a beneficiary of Second Preference (2A) under the family based immigration, and is therefore subject to visa backlogs. The procedure for this immigration petition is:
In the first scenario, the alien spouse is already in the U.S. under a nonimmigrant status. In this case, the permanent resident may file an immigration petition (I-130) for the alien spouse. The alien spouse has to wait for the immigrant visa number to become current before he or she may apply to adjust to permanent resident (I-485)status. During this waiting period, the alien spouse needs to independently maintain a valid nonimmigrant status.
For more information about Family Based Immigration Second Preference (2A), please click here.
The second scenario is when the alien spouse is outside the U.S. In this case, the U.S. permanent resident needs to file an immigration petition and request that the USCIS notify a U.S. Consulate in the country where the alien spouse lives. Once the immigration petition is approved and an immigrant visa is available, the National Visa Center of the U.S. State Department sends a "Packet 3" to the U.S. permanent resident. After the necessary forms are completed, the alien spouse goes to the U.S. Consulate overseas to apply for an immigrant visa. On the day that he or she enters the U.S. on an immigrant visa, he or she becomes a U.S. permanent resident.
(Updated 10/23/2012 by AG)
For more information about Marriage and Immigration, please click the following links: