Immigration Petition for a Foreign Spouse

Before anything can be done, it is helpful to understand that "spouse" means lawful husband or wife. In order to successfully petition for an immigrant visa for your spouse, your relationship with your spouse must be established and your spouse must be admissible to the United States under the immigration law. For example the relationship cannot be a "significant other," or a gay relationship, under current U.S. law. If you are a U.S. citizen If you are a U.S. citizen, your spouse is considered an immediate relative and is immediately eligible for an immigrant visa if your petition is approved.

Generally, if your spouse is in the U.S. (through a lawful admission or parole) your spouse may file for permanent residence or to adjust status. If you are a lawful permanent resident (you have a Green Card) If you are a lawful permanent resident and your petition for your spouse is approved, your spouse will be notified by the Department of State when a visa number becomes available. If your spouse is outside of the United States at the time of notification, he or she must then go to the local U.S. consulate to complete visa processing.

If your spouse is inside the U.S. through a lawful admission or parole and is maintaining that status at the time of notification, he or she may be able to obtain an interview with the INS when the visa number becomes available. If you do not have the visa number issued by the Department of State, you must wait for a number to become current. It is important to always be in the United States in lawful status