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 fianc© or fianc©e of a U.S. citizen.
  • 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

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)

Comparison with related terms

Term Definition Key Difference
Fianc©(e) A person engaged to be married. Fianc©(e) status is temporary, while alien spouse refers to permanent residency.
Immediate relative A close family member of a U.S. citizen. Immediate relative status is broader and includes children and parents, not just spouses.

What to do if this term applies to you

If you are an alien spouse seeking permanent residency, follow these steps:

  • Gather required documents, including marriage certificates and proof of your spouse's status.
  • Complete the appropriate USCIS forms for your application.
  • Consider using templates from US Legal Forms to ensure accuracy and compliance.
  • If your situation is complex, consult with an immigration attorney for professional guidance.

Quick facts

Attribute Details
Eligibility Must be married to a U.S. citizen or lawful permanent resident.
Application Process File forms with USCIS, including proof of marriage.
Residency Status Can be conditional if married less than two years.

Key takeaways

Frequently asked questions

An alien spouse is a foreign national who is married to a U.S. citizen or permanent resident, while a fiancé(e) is engaged to be married and does not yet have permanent residency.