Spousal Visas: The Requirements
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The following are the minimum legal requirements for those that are applying for spouse visas:
- The applicant must be a citizen of the United States
- The applicant must be legally married to the foreign spouse
- Both the foreign spouse and the U.S. citizen need to have been free to marry at the time of their marriage. What this means is that all previous marriages, if any, need to have been terminated by death, divorce or annulment.
- The foreign spouse should not have been convicted of a crime, should never have illegally entered the United States or overstayed for a period exceeding 6 months. They should also not have a history of being detained, removed and deported by the Department of Homeland Security. It’s possible for you to get a waiver should any of the above apply to you, but you first need to consult with us at the Law Offices of Alex Kannan.
- The spouse, who is a citizen of the United States, should have filed taxes with the Internal Revenue Service (IRS) during the previous 3 years. They should also be currently gainfully employed (or self employed). Their income should be at least at the minimum level that is set forth in the U.S Poverty Guidelines.