Spouse of U.S. Citizens

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A United States citizen cannot transmit citizenship to a spouse. If your spouse or fiancé(e) wishes to take up indefinite residence in the United States with you, he or she will require an immigrant visa.

Are you married? The husband or wife of a United States citizen is eligible for immigration in the immediate relative category. The first step in applying for the immigrant visa is for the U.S. citizen to file an immigrant visa petition, form I-130.

Are you getting married in Japan? If the marriage will take place in Japan, the husband or wife of the U.S. citizen will require an immigrant visa to travel to the United States to take up indefinite residence. The petition, form I-130, cannot be filed until the marriage has taken place.

Are you getting married in the United States? If the fiancé(e) of a U.S. citizen intends to travel to the United States to marry and take up indefinite residence after marriage, he or she will require a fiancé(e) visa. Note: A fiancé(e) cannot enter the United States on a visitor visa or visa free under the Visa Waiver Program to take up indefinite residence. Please see the K-1 visas page for more information on fiancé(e) visas.

I will return to my place of permanent residence after the marriage ceremony: The fiancé(e) of a U.S. citizen who will marry in the United States and return to his or her place of permanent residence abroad after the marriage ceremony may apply for a tourist (B-2) visa, or if eligible, travel visa free under the Visa Waiver Program. When applying for the visa and/or entry into the United States, the fiancé(e) should be sure to carry with him or her for presentation to an officer of United States Customs and Border Protection evidence of a residence abroad to which he or she will return at the end of the temporary visit.

Accompanying children: Children under the age of 21 who have no claim to U.S. citizenship may derive status from a fiancé(e) visa petition filed on behalf of a parent, or apply for an immigrant visa in the immediate relative category if the parent is applying for immigration. Note: If the children are the step-children of the U.S. citizen, they will qualify as immediate relatives only if the marriage creating the relationship of step-parent and child occurred before the child’s eighteen birthday. Children of U.S. citizens over the age of twenty-one, or stepchildren who were over the age of eighteen when the marriage took place, qualify for immigration in a separate category and will not be eligible to travel immediately with the parent.