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If you are an American citizen, you can bring your foreign spouse (husband or wife) to live in the United States through two ways. One is through the Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) – Here an immigrant Petition for Alien Relative, Form I-130 is required. Non immigrant visa for spouse (K-3) is another way. In such a case, Form 1-130, Petition for Alien Relative and Form I-129 F,Petition for Alien Fiance(e) are needed.

The application for the K-3 ,non immigrant visa for spouse who married a U.S. citizen should be made and the visa issued in the country where the marriage was held. After the visa processing and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case.

As a lawful permanent resident (LPR), you can also bring your spouse and children to the United States. One ways is through the Immigrant visa (F2A) which is the family second preference immigrant visa for your spouse and children. And also through the Non immigrant (V) visa – for your spouse and children to travel to the United States to wait for processing of the immigrant visa.

The Petitioner would file the “Petition for Alien Relative” (Form I-130 and Biographical Data Sheet) with the USCIS. The application is processed by the USCIS and forwarded to the National Visa Center, which then forwards the application to the US Consulate in the country of residence of the alien spouse, or as indicated by the Petitioner on application form I-130. The consulate will contact the alien spouse to schedule an interview. The US consulate or embassy may request additional documentation from the alien spouse to be presented at the time of the interview. Upon approval, the consular officer will issue an entry visa for the spouse. Once the spouse has entered the USA, the spouse should file an Application for Adjustment of Status with the USCIS.

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