K3 Non-Immigrant Visa for Spouse
What Is a “Spouse”?
A spouse is a legally wedded husband or wife.
Merely living together does not qualify a marriage for immigration.
Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs.
In cases of polygamy, only the first spouse may qualify as a spouse for immigration.
The First Step toward an Immigrant Visa: Filing the Petition
The first step is to file a Petition for Alien Relative, Form I-130, with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for your spouse (husband or wife) to immigrate to the United States. For instructions on how to file a petition, including where you should send the petition, see the USCIS website.
In certain circumstances, a U.S. citizen living abroad can file an immigrant visa petition outside of the United States. Review Filing Immigrant Petitions Outside the United States to learn more.
For more information, please visit the USCIS website: http://travel.state.gov/content/visas/english/immigrate/types/family/immediate-relative.html#1
If you petitioned your wife while you were a Lawful Permanent Resident (green card holder), you need to upgrade your petition to an Immediate Relative Petition (IR-1). Click here for more info.