You married or will be married to a non-U.S. citizen in the United States (or married outside the United States) and your foreign spouse requires permanent residence. Your foreign spouse entered the United States on a non-immigrant visa (i.e. fiancé(e) visa, visitor visa, student visa, work visa etc.) or visa waiver and is currently in the United States legally or overstayed the visa. Is your spouse eligible to apply for permanent residence?
What are the Requirements to Obtain Permanent Residence (Based on Marriage)?
The person filing the petition must be a United States citizen either by birth or naturalization.
You and your spouse are legally married.
You and your spouse have a genuine relationship and a bona-fide marriage.
The minor child(ren) must be under 18 at the time you were married and under 21 at the time of the issuance of the permanent residence card.
Admitted to the U.S.
Your foreign spouse and child(ren) must have legally entered the United States. Your foreign spouse and child(ren) may have entered the United States on a non-immigrant visa (i.e. fiancé(e) visa, visitor visa, student visa, work visa etc.) or visa waiver and are currently in the United States legally or overstayed the visa. A review of the facts of the foreign spouse’s specific situation is required.
The person filing the petition must be able to demonstrate that s/he can financially support their foreign spouse and minor child(ren), that they fulfill the minimum financial support requirements or that they have a co-sponsor who does.
Your foreign spouse and children have not committed certain crimes.