18th Wing legal office helps newlyweds navigate immigration requirements

  • Published
  • By 1st Lt. Sarah D. Rogers
  • 18th Wing Assistant Staff Judge Advocate
KADENA AIR BASE, Japan --  The wedding bells have rung and you and your new foreign national spouse are enjoying married life in Japan while awaiting permanent change of station orders to the United States.

If an immigrant visa is not obtained prior to your PCS date, this wedding bliss will soon be interrupted.

Without an immigrant or other applicable visa, your spouse will not be allowed to permanently live with you in the United States. United States citizenship does not automatically pass to your spouse upon marriage. If your spouse wishes to relocate with you to the United States, he or she will require an immigrant visa to grant him or her status as a lawful permanent resident of the United States.

A lawful permanent resident who is married to a U.S. citizen may then apply to become a naturalized U.S. citizen after three years of residence in the United States. If you have been married less than two years when your spouse is granted lawful permanent resident status, your spouse will only receive permanent resident status on a conditional basis. You and your spouse must apply together to remove the conditions on residence 90 days before the two-year anniversary of the date your spouse was granted this status.

Obtaining an immigrant visa is a two-step process involving first the Department of Homeland Security and then the Department of State. To begin the petition for an immigrant visa, you must file an I-130 petition from the United States Customs and Immigration Services, which is under the Department of Homeland Security.
When the USCIS approves the immigrant visa petition, you may begin step two by submitting the immigrant visa application to the National Visa Center, which is part of the Department of State.

Once the NVC has received all of the forms, accompanying documents and required fees they will schedule a visa interview appointment. This entire process can take six months or longer and should be started immediately upon marriage. If approved, your spouse will enter the United States on an immigrant visa, and receive his or her Green Card by mail once a United States address is established.

Once legally in the U.S. and blissfully enjoying married life, it is extremely important to remember to apply to remove the conditional status within 90 days prior to the two-year anniversary of the award date of your spouse's conditional lawful permanent resident status. If you fail to file during this time, your spouse may be subject to deportation.

The USCIS has a toll-free military help line exclusively for military members and their families at 1-877-CIS-4MIL (1-877-247-4645). They are available to answer calls Monday through Friday from 8 a.m. until 4:30 p.m. Central Standard Time, excluding federal holidays. Certain USCIS customer service specialists, such as those who advise on bringing a foreign national spouse back to the U.S., remain open until 8p.m. CST.