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Immigrant Visas

Alien Spouse of a U.S. Citizen

The alien spouse of an American citizen does not acquire United States citizenship through marriage. S/he must obtain an immigrant visa to be able to immigrate to the United States.

How to apply

After the marriage of an American citizen to an alien, the American citizen must file an alien relative petition (Form I-130) with the office of the U.S. Citizenship and Immigration Services (USCIS, formerly INS) in the United States having jurisdiction over his/her place of residence. Forms and instructions are available from USCIS. Once USCIS approves the petition, they will send the petitioner a notice of approval, Form I-797. USCIS will also forward the approved petition to the National Visa Center (NVC), which will contact the intending immigrant with further information.

Applying at the Embassy

  • In order to file the Form I-130 at the Consular Section, the American Citizen petitioners must be able to show they have permission to reside in the consular district and that they have been doing so continuously for at least six moths before filing the petition.

Please note: the petition must be filed by the U.S. citizen – in person!

In order to file a petition, the American citizen needs to present the following documents:

  • proof of citizenship;
  • the marriage certificate;
  • evidence of termination of any prior marriages of either spouse;
  • residency permit of the U.S. citizen; and
  • one photo of yourself and one photo of your spouse (the I-130 specifies the photo requirements)

Any documents in a foreign language must be accompanied by an official translation into English.

How long the application will take to process

Regarding the total processing time for the alien spouse petition, please visit the web site of the U.S. Citizenship and Immigration Services (USCIS) at www.uscis.gov.
Please note: If the petition is filed with the Embassy, the processing time is 4-6 weeks.


Last updated: 11/07/2007

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- Important Information -

Do you qualify for a K3 visa?

The non-immigrant K3 visa (and K4 for children) has been created to reunite families that have been, or could be, subject to a long separation while their immigrant visa petitions are being processed. The visa entitles the holder to travel to the United States to await the approval of the immigrant visa petition.

- Language Version -
Ez a dokumentum magyarul is olvasható:
• Amerikai állampolgár külföldi házastársa   

This document is available in the following language:
• Hungarian



 
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