Bringing a foreign spouse to live in the U.S. presents a unique challenge to the couple in question. Even though a spouse is considered an immediate relative, he or she must gain approval before entering the U.S.
To do this, you must first establish your relationship meaning that a formal weddingmust have already taken place. Your spouse must then go through the immigration process and receive a valid immigrant visa to enter the United States. This can sometimes mean waiting for a visa number to become available.
To combat the wait, your spouse can file a Form I-129F – nonimmigrant K-3 Visa – at the same time that the immigrant petition is filed. This will allow them to live and work in the U.S. while your immigrant visa petition is pending. If your spouse does not file the petition for a K-3 Visa, they may be forced to wait outside the country until their application for immigrant status has been approved.
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For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/