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Application Procedure: Bringing a Spouse to the U.S.
What If I Am the Beneficiary of the Petition?
If your U.S. citizen parent is petitioning for permanent resident status for you on Form I-130, Petition for Alien Relative, and you are a married son or daughter of any age, your spouse and children do not require a separate visa petition. Your spouse and children will be included in the visa petition your parent is filing for you.
If your U.S. citizen brother or sister is petitioning for permanent resident status for you on Form I-130, Petition for Alien Relative, and you are married, your spouse and children do not require a separate visa petition. Your spouse and children will be included in the visa petition your sibling is filing for you.
Usually, if a spouse is petitioning for you and you are currently in the United States through a lawful admission or parole, you may file a Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time your spouse files the I-130 petition on your behalf.
Information for Your Alien Relative
If you are a U.S. citizen and your spouse is currently in the United States, your spouse may be eligible to file Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time as you file Form I-130, Petition for Alien Relative.
If you are a lawful permanent resident, and your petition for your spouse is approved, your spouse will be notified by the Department of State when a visa number is available. If your spouse is outside of the U.S. at the time of notification, he or she must go to the local U.S. consulate to complete visa processing with the Department of State issued visa number. If in the U.S., your spouse may file the Form I-485 using the Department of State issued visa number.
Gay Marriages
Can a gay marriage (even in a state where these are legal) be the basis for a Form I-130, Petition for Alien Relative, for purposes of immigration? For the purposes of immigration, a marriage's validity is a question of Federal law, not of State law. In 1996, Congress clarified the Federal law concerning recognition of marriage by enacting the Defense of Marriage Act (DOMA), Pub. L. No. 104-199, 110 Stat. 2419 (1996). The DOMA contains a statutory definition of "marriage," and of the related term, "spouse." Pursuant to the DOMA, in order for a relationship to qualify as a marriage for purposes of Federal law, one partner must be a man, and the other must be a woman. This definition applies to the construction of any Act of Congress and to any Federal regulation. USCIS must, therefore, administer the Immigration and Nationality Act in light of the DOMA, and cannot recognize the validity of any same sex marriage.
How Can I Appeal?
If the visa petition you filed for your spouse is denied, the denial letter will tell you how to appeal and when you must file the appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals.
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Source: U.S. Citizenship and Immigration Services
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