You married your spouse while you both lived overseas, but you were the only person who was a U.S. citizen. Born in the United States, you’ve always been welcome here, so it’s been difficult to deal with the fact that your spouse may not be granted those same rights.
Fortunately, the likelihood is that they will be approved to come to the United States if you are able to fill out the appropriate documents and help them with their visa application.
There are a few things you need to do, but start with the application process. To get a green card for your spouse who lives outside the United States, you will need to:
- File I-130 with the United States Citizenship and Immigration Services
- Wait for an approval or denial from USCIS on the petition
- If it’s approved, you’ll then need to apply for the immigrant visa, which is titled “DS-260”
- Your spouse will need to complete a medical exam
- Your spouse will also need to attend an interview for the potential visa at the U.S. Embassy in their country.
- A fee must be paid for the visa. Your attorney can give you updated information on the current fees you may have to pay
For most people, it’s advisable to work with an attorney when preparing to bring a spouse to the United States. There are a few reasons for this, but the primary concern is showing that your marriage is legitimate. If the USCIS believes that this marriage is fraudulent and is used only to bring an immigrant into the United States, then the petition could be denied.
What information do you need to prove that this person is your husband or wife?
It’s usually best to have as much information as possible for USCIS. When you submit your petition, you may want to include information such as:
- Your wedding certificate
- Letters from relatives or friends who are aware of your relationship
- Photographs of you and your spouse together at your wedding or at other times
Overall, you want to include information that shows that you are in a legitimate relationship. You don’t want to leave any question that your marriage may not be sincere.
Your attorney will speak with you more about all the information you or your spouse need to include with the application, so you can prepare it well and be ready for the upcoming visa interview.