How to Get US Residency for a Spouse as an Active Duty Marine

Military spouses can often have their residency petitions expedited.

For an active duty Marine, the process of applying for U.S. residency for his spouse is essentially the same as it is for any U.S. citizen, requiring forms to be filled out carefully and strict deadlines to be met. However, in certain situations, such as when the Marine has been stationed overseas, it is possible to get special expedition of a spouse's residency documents to allow the spouse to travel overseas with her Marine.

Instructions

1. Fill out Form I-130, Petition for Alien Relative. This form needs to be completed by the spouse who is a current U.S. citizen and is used to establish the relationship between the citizen and the non-citizen who wishes to reside in the U.S. It also requires the citizen to prove that he has sufficient income to support his spouse upon her arrival in the U.S. The benefit of a Form I-130 is that immediate relatives of U.S. citizens aren't required to join years-long waiting lists for a visa number to become available. Because there are an unlimited number of immediate family visas, a spouse is allowed to immigrate immediately upon approval.

2. Mail your I-130 to the appropriate address listed on the back of the form. Take extra care to ensure that the form is properly completed, signed and submitted with all required paperwork and payments to avoid a delay in processing. You will need to include proof of your U.S. citizenship as well as proof that the person for whom you are filing the form is your spouse.

3. Have your spouse file an I-485 petition, Application to Register Permanent Residence or Adjust Status, if she is already legally living in the United States. She should do this at the same time that you file the I-130. Upon approval, the I-485 petition in conjunction with the I-130 will adjust her status in the U.S. to that of a permanent resident.

4. Wait to receive a notification from U.S. Citizenship and Immigration Services that your petition has been received and is under review. If your spouse is living outside of the U.S. during this time, you can file a Form I-129F, Petition for Alien Fiance, to acquire a K-3 non-immigrant visa for her. If she enters the country this way, she will then have to file an I-485 upon the approval of the I-130 petition to become a legal permanent resident. How long it takes to receive approval for your I-130 can vary depending on many factors, but as a Marine you have the advantage of being able to call or e-mail the USCIS military assistance team to request that your petition be expedited. Once your spouse has been approved and is officially a permanent resident of the United States, there may still be restrictions barring her from traveling outside of the U.S., which can be problematic if you are going to be stationed overseas.

5. Have your spouse file an I-751, Petition to Remove the Conditions of Residence. Approval of this petition will remove the travel restrictions and allow your spouse to accompany you overseas as a U.S. resident. If you don't have enough time to wait for the petition to be processed normally, you can again use your status as a military member to request expedited processing of your spouse's I-751 petition from the USCIS. You must contact USCIS with this request before you leave the United States. Otherwise, your spouse's petition may not be processed in time.

References

• U.S. Citizenship and Immigration Services: Immigration Information for Members of the U.S. Armed Forces and Their Families
• U.S. Citizenship and Immigration Services: Green Card for an Immediate Relative of a U.S. Citizen
• U.S. Citizenship and Immigration Services: How Do I Help My Relative Become a U.S. Permanent Citizen?