Frequently Asked Questions about Spouses

• Can I transmit citizenship to my spouse?
• My spouse was granted conditional resident status; what do we do to have the status removed?
• I have a partner/ common-law spouse who is an U.S. citizen.
• Can I travel to the U. S. while my application for an immigrant visa is being processed?
• Should I use my married name on the I-130 petition?
• I am a U.S. citizen. Do I need to attend for the immigrant visa interview?
• After the final interview, how long does he/she need to wait for the visa?

Can I transmit citizenship to my spouse?

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 U. S.

My spouse was granted conditional resident status; what do we do to have the status removed?

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 U. S. on an immigrant visa, or adjusting his or her status on marriage, if he/she entered on a fiancé(e) visa.

I have a partner/ common-law spouse who is an U.S. citizen.

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, or a fiancé(e) visa petition. 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, commonly known as the lottery.

Can I travel to the U.S. while my application for an immigrant visa is being processed?

If you intend to take up permanent residence in the U.S., you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. 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 U.S., 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 U.S. 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 U.S. 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 U.S. 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.

Should I use my married name on the I-130 petition?

If you would like to use your married name in the U.S., you may use your married name for the I-130. Please make sure to amend your passport to your married name before your immigrant visa interview. We cannot put your married name on your visa unless you have amended your passport.

I am a U.S. citizen. Do I need to attend for the immigrant visa interview?

No. Please make sure to give all your documents (notarized I-864, 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.

After the final interview, how long does s/he need to wait for the visa?

At the time of interview, we require all applicants to provide a self-addressed, pre-paid envelope so we can return your passport and visa to you by mail. Processing and mailing time takes approximately one week, so please allow enough time before your intended date of departure. The "LetterPack 500" can be purchased at post offices throughout Japan. Please note that all applicants must provide a local Japanese address. This includes members and dependents of the U.S. military, who must use their base's local address if no other local address is available.