What are the Rules for an Immigrating Spouse?

spouse immigrationIt is possible to obtain lawful permanent residence in the United States if you are the spouse of an American citizen or resident. This type of visa or green card is referred to as a “marriage-based immigrant visa,” and a family immigration lawyer can assist you with the process.


Petition for Alien Relative, Form I-130, is a requirement by your spouse to obtain an immigrant visa.


The request for a nonimmigrant visa for a spouse (K-3) who got married to a US citizen you’ll need to submit, and the visa must get approved in the nation where the marriage occurred.

It is possible to fly to the U. S. to await the completion of the visa application process if a visa application has been approved and issued. Alien Fiancé(e) Petition (Form I-129F) and Petition for Alien Relative (Form I-130) are necessary.

The following is required of you and your spouse to meet the requirements of U.S. immigration law:

  • You must prove that you are lawfully married, that your marriage is authentic
  • Neither of you is currently married to anybody else
  • You must have a valid marriage certificate.

You Must Have a Legal Marriage

In the state or region where you got married, a legal marriage has been approved by the government as valid by both parties. If you’re uncertain, contact a deportation defense lawyer immediately.

For immigration purposes, domestic unions, wherein a couple lives jointly but does not have a legal connection, are not accepted.

However, if your state or country acknowledges common-law relationships, you might well be able to prove that your marriage is valid if you have resided together for a long period.

Consult an immigration lawyer near Tampa Bay if you suspect you have engaged in a common-law marriage. Church weddings and traditional tribal rituals, if acknowledged as acceptable in that country, may also be regarded as valid marriage procedures.


Check your eligibility to marry if you haven’t already. All of the 50 U.S. states determine their standards for marriage.

So, for example, in certain states, the legal age of marriage is 18, but you can marry earlier if your parents agree.

All states forbid a person from marrying a member of their immediate family, while some go even further and forbid a person from marrying a first cousin.

A nonimmigrant visa for a fiancé(e) is required if you want to marry and live in the United States with your fiancé(e) (K-1). An I-129F petition for a fiancé(e) is necessary.

In the end, you’ll need to present a marriage certificate issued by an official government body to get legal residency in the United States.

If you’ve signed your license in the presence of witnesses, certain jurisdictions will accept it as the certificate of marriage.

A “Bona Fide” Marriage Is a Requirement

A real marriage is one where the couple intends to live as husband and wife for the rest of their lives. USCIS will require a slew of documents to prove that you and your partner intend to make a go of it together.

Marriage an American citizen or permanent resident is a condition of eligibility

U.S. citizens and lawful permanent residents are the only two sorts of people with United states residency rights who can acquire green cards for their spouses.

There is no way to apply for your spouse to become a permanent resident if you have a visa or work permit to live in the United States, but you can bring your spouse here on a short-term visa, and immigration attorneys Tampa FL can help.

How a Family Lawyer Lakeland Can Help

If you’d like to bring your spouse to the United States and are confused about the process, our immigration lawyers Lakeland Fl are experienced and knowledgeable at Espinoza Law Offices.

We will examine your case from every angle to ensure that you and your spouse can reunite or bring your fiancé to get married. Contact us today to get the process started and your family united.