How Can I Get a US Spouse Visa?
In order to obtain a US spouse visa, you will need to apply for a K-3 visa. This is the non-immigrant visa for a spouse. However, note that there is also an immigrant visa for spouse which is the IR1 or CR1. Any foreign national who has legally wedded an American citizen is entitled to a spouse visa. Note that cohabiting partners do not qualify as a spouse. Note that polygamy is not allowed in US law. However, in cases of polygamy, only the first spouse is allowed a spouse visa.
The purpose of the K-3 non-immigrant spouse visa is to allow the spouse to come to the US and wait in the country to complete the immigration process. Note that if you have children, the K-4 will be issued to them only if the spouse has been given a K-3 visa.
When filing for a K-3 visa, the American citizen must first file an immigrant petition for the spouse through the form I-130. A Notice of Action or form I-797 will be sent to the American citizen that the petition was received. Note that any spouse of a US citizen is also an immigrant. This means that you cannot file for a non-immigrant spouse visa without an immigrant spouse visa being processed. Due to this, the spouse must also meet the requirements of an immigrant spouse visa.
When applying for a spouse visa, you will need to be in the country where the marriage took place. There is a medical examination needed and a digital fingerprint scan. Other documents needed are two DS-256 non-immigrant visa application forms, police certificates, birth certificates, marriage certificates, passport, two visa photos, proof of financial support, death or divorce certificates from previous spouses if applicable, and the payment of fees.