Spouse and Fiancé(e) Visas

A U.S. citizen cannot transmit citizenship to a spouse. If your spouse or fiancé(e) wishes to take up indefinite residence in the United States with you, he or she will require an immigrant visa.

Are you married?

The spouse of a U.S. citizen is eligible for immigration in the immediate relative (IR) category. The first step in applying for the immigrant visa is for the U.S. citizen to file an immigrant visa petition, Form I-130, with the United States Citizenship and Immigration Services (USCIS) in the United States.

NOTE: The United States does not recognize de facto relationships or same sex marriages for purposes of immigration.

The spouse of a permanent resident is eligible for immigration in the family preference category. As it is a numerically limited category, there can be a delay of several years before a visa number becomes available. All family preference petitions must be filed with USCIS in the United States.

Are you getting married in Australia?

If the marriage will take place in Australia, the spouse of the U.S. citizen will require an immigrant visa to travel to the United States to take up indefinite residence. The petition, Form I-130, filed by the U.S. citizen must be filed with the Chicago USCIS office in the U.S.  For further information please refer to http://canberra.usembassy.gov/immigrant-visas.html or http://canberra.usembassy.gov/i-130.html

Are you getting married in the United States?

If the fiancé(e) of a U.S. citizen intends traveling to the United States to marry and take up indefinite residence after marriage, he or she will require a fiancé(e) visa. A fiancé(e) cannot enter the United States on a visitor visa or visa free under the Visa Waiver Program to take up indefinite residence.

NOTE: If you do not intend taking up indefinite residence in the United States but will continue to live and work abroad after the marriage ceremony, you should apply for a B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.

Accompanying children

Children under the age of twenty-one who have no claim to U.S. citizenship may derive status from a fiancé(e) visa petition filed on behalf of a parent, or apply for an immigrant visa in the immediate relative category, if a parent is a U.S. citizen.

NOTE: Step children of a U.S. citizen will qualify for immigration in the immediate relative category only if the marriage creating the relationship of step-parent and child occurred before the child's eighteenth birthday. Children of U.S. citizens who are over the age of twenty-one, or step-children who were over the age of eighteen when the marriage occurred, qualify for immigration in a separate family preference category and will not be eligible to travel immediately with the parent. Family preference petitions must be filed with USCIS in the United States.

K3 and K4 visas

A U.S. citizen petitioner may file a Form I-129F petition for a K3 visa for their spouse (or K4 for their child) if the petitioner currently has an I-130 pending with USCIS. K3 and K4 petitions cannot be accepted overseas, and must be filed with USCIS in the United States. Please refer to the USCIS website for more information on K3 and K4 visas.