Spouses

No, a U. S. citizen cannot transmit citizenship to a spouse. If your spouse wishes to relocate with you to the United States, he/she will require an immigrant visa. A Lawful Permanent Resident who is married to a U.S.citizen may apply to become a naturalized U.S. citizen after three years residence in the United States. Questions concerning this process should be addressed to the United States Citizenship and Immigration Services (USCIS) in the United States.

You and your spouse are required to file a petition with the office of the USCIS to have the conditional resident status removed. The petition must be filed 90 days before the second anniversary of your spouse being admitted into the United States on an immigrant visa, or adjusting his or her status on marriage, if he/she entered on a fiancé(e) visa.

U.S. immigration law does not recognize common-law marriages. A U.S. citizen cannot file an immigrant visa petition for a partner in the immediate relative category as the spouse of U.S. citizen. You will be required to apply for an immigrant visa either in one of the employment based preference categories or through the Diversity Visa Program.

If you intend to take up permanent residence in the United States, you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the United States on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fiancé(e) visa. However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the United States, you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.

If applying for a B-2 visa, you are required to furnish evidence of your residence outside the United States to which you intend to return at the end of your temporary stay. Although a pending immigrant or fiancé(e) visa application is not necessarily conclusive evidence of intent to abandon a Japanese residence, it is a factor considered by consular officers reviewing a visa application. If you are unable to convince the consular officer reviewing the application that you do not intend to abandon your residence, you will not be issued a visa.

When traveling to the United States either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to an immigration inspector evidence of your residence outside the United States.  If the immigration inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the United States.

If either you or the person you are filing for is using a name that is not the same name shown on the relevant documents, you must file your petition with copies of the legal documents reflecting the name change, such as a marriage certificate, adoption decree, or court order.

No. Please make sure to give all your documents (Originally signed I-864, U. S. Federal income tax returns, and proof of employment) to your spouse, so that he/she can present them along with other required documents at the final interview.