If you are a U.S. citizen and you are married to a foreign citizen, you have the possibility to bring your spouse to the US. The process itself is not necessarily complicated, but it will require some time and several documents. You can file the petition for your spouse whether they are inside the U.S., through lawful admission or parole, or outside the United States.
Firstly, you must prove that you are a lawful resident. In case you are a U.S. citizen, you will be required to attach a copy of your valid passport, birth certificate, Consular Report of Birth Abroad, naturalization certificate or a copy of your certificate of citizenship. If you are a green card holder, you must demonstrate your status with a copy of your green card or a copy of your foreign passport with a stamp showing temporary evidence of permanent residence.
In order to file the petition, you will have to submit the Form I-130, with all the required documents:
- Two completed and signed G-325A forms, one for you and the other for your spouse
- A copy of your civil marriage certificate
- In case you or your spouse have been married before, you must also submit copies of all divorce decrees, annulment decrees or death certificates
- Evidence of legal names changes
- Passport style photos for both of you
- Receipt for the application fee (around $400)
Moreover, as the sponsor of your wife or husband, you must bring evidence that your income is sufficient to support your family. In case your parents, brothers or sisters are U.S citizens and they apply for a Petition for Alien Relative in order to bring you to the United States and you want to take along your spouse and children, they will not require a separate visa petition.
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