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When the Form I-130 is approved, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. NOTE: Unless the beneficiary (your spouse) had an immigrant visa petition or labor certification pending prior to April 30, 2001, the beneficiary must have continuously maintained lawful status in the United States in order to adjust status. To remove the conditions on residence, you and your spouse must apply together using Form I-751, Petition to Remove the Conditions of Residence.
After a visa number becomes available, apply to adjust status to permanent residency using Form I-485. When Form I-130 is approved and a visa is available, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. To complete the process, the petitioner must submit: If you have been married less than 2 years when your spouse is granted permanent resident status, your spouse will receive permanent resident status on a conditional basis.
For more information, see the “K-3/K-4 Nonimmigrant Visas” page.
If you are a permanent resident and you have filed Form I-130 for your spouse and/or minor children on or before December 21, 2000, your spouse and/or children may be eligible for the V visa classification if more than three years have passed since the I-130 was filed.
For more information, see the “Remove Conditions on Permanent Residence Based on Marriage” page. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa.
Case Status To check the status of your visa petition, see the “My Case Status” page. This will entitle him or her to come to the United States to live and work while the visa petition is pending. Note that you are not required to file Form I-129F.
For more information on V visas, see the “V Nonimmigrant Visas” page.
If you fail to file during this time, your spouse’s resident status will be terminated and he or she may be subject to removal from the United States. For information and additional resources, see the “Military” section of our website. military special conditions may apply to your situation.For more information about data sources and methodology, see Appendix 1.Key findings: In this report, the terms “intermarriage” and “marrying out” refer to marriages between a Hispanic and a non-Hispanic (interethnic) or marriages between non-Hispanic spouses who come from the following different racial groups (interracial): white, black, Asian, American Indian, mixed race or some other race.
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If the visa petition you filed is denied, the denial letter will tell you how to appeal and when you must file the appeal.