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What is an Alien Spouse? Legal Insights and Definitions
Definition & Meaning
An alien spouse refers to a foreign national who has achieved lawful permanent resident status in the United States through marriage. This status can be granted under specific conditions, including:
As an immediate relative of a U.S. citizen spouse.
As a spouse of another alien who is already a lawful permanent resident, provided the marriage occurred less than 24 months before obtaining this status.
Table of content
Legal Use & context
The term "alien spouse" is commonly used in immigration law. It is relevant in the context of family reunification and immigration petitions. Individuals seeking to obtain permanent residency through marriage may use this term when filing forms with U.S. Citizenship and Immigration Services (USCIS). Users can manage their applications using legal templates from US Legal Forms, which provide guidance on necessary documentation and procedures.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A U.S. citizen marries a foreign national. The foreign national applies for permanent residency as an immediate relative. If approved, they become an alien spouse.
Example 2: A lawful permanent resident marries a foreign national within two years of their own residency status. The foreign national can apply for residency as an alien spouse. (hypothetical example)
Relevant laws & statutes
The primary statute governing alien spouses is found in the Immigration and Nationality Act (INA), specifically 8 USCS § 1186a, which outlines the conditions under which an alien spouse may obtain permanent resident status.