American Spouse Visa

The spouse of an American citizen may qualify for a permanent residency visa if their marriage is bona fide and lasting, and is officially recognised as being genuine in the jurisdiction in which the marriage took place.

To be eligible for a Spouse Visa:

You must be married to an American citizen; and
You must be able to provide evidence your marriage is valid and lasting, such as documentation regarding:
Your marriage certificate;
Joint obligations for housing and living expense;
Joint management of finances; and
Evidence you are in a loving relationship.

Foreign spouses of American citizens and their children are eligible to enter America using a temporary K3 Visa while they are waiting approval for their permanent resident status. Previously, foreign spouses and their dependent children could only enter America after permission for permanent residency had been granted.

If the marriage is less than 2 years old at the time the application for the permanent visa is filed, the foreign spouse will receive only conditional permanent resident status. This temporary resident status will be removed after 2 years if the foreign spouse and their American partner submit a petition requesting the removal of the visa condition.

Spouses of Permanent Residents

Spouses of lawful American permanent residents must apply for migration to America under a different partner visa which falls under the preference system of visa allocation. The preference system is based on a numerical limit where the USCIS determines the number of visas allocated every year.

There is always a backlog of visa applications under the preference system, meaning the spouse of the permanent resident may experience lengthy time delays before their application is processed.