announcements: Priority Dates for Family-Based, Employment-Based and Diversity-Based Petitions as of JUNE 2019 now available. Click here.
Alien Spouse

U.S. Immigration law allows two methods for U.S. citizens to bring future spouses to the United States: the K-1 Fiance Visa and the Alien-Spouse Immigrant Visa. The K-1 Visa generally takes less time to process than the Alien-Spouse Visa. The Alien-Spouse Visa, however, is a proven path toward lawful permanent residency for your spouse.The wide variety of educational facilities in the United States offer great opportunities for students wishing to further their education and training. The intellectual stimulation and social experiences of studying in the U.S. will be vital parts of a student’s growth and development. Foreign national students who want to study in the U.S. usually apply for the F-1 visa. Although the J-1 and M-1 Visas (for vocational students) are sometimes used, most foreign students enter in F-1 status. Your spouse and unmarried children under the age of 21 are allowed to join you in the U.S., under F-2 status. A prospective student’s Form I-20A-B may be used to request an F-2 visa. If your spouse and/or dependant children are joining you later, they will need to submit Form I-20A-B, endorsed from the school you are attending. F-2 visa holders can not work while in the U.S.

STEPS

If the marriage takes place abroad, an I-130 petition should be filed after the marriage. This petition should be filed either with INS in the United States, or at a U.S. Embassy or Consulate abroad.

DOCUMENTS

Please contact INS or the appropriate foreign service post for details about what specific documents you will need to file an immigrant petition for a new spouse. For more information, read our section on Family-Based Immigration.

FORMS

Download Immigration Forms at U.S. Citizenship and Immigration Services website.

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