Immigrant Visas

Alien Spouse of a U.S. Citizen

The alien spouse of an American citizen does not acquire United States citizenship through marriage. S/he must obtain an immigrant visa to be able to immigrate to the United States.

How to apply

After the marriage of an American citizen to an alien, the American citizen must file an alien relative petition (Form I-130) with the office of the U.S. Citizenship and Immigration Services (USCIS, formerly INS) in the United States having jurisdiction over his/her place of residence. Forms and instructions are available from USCIS. Once USCIS approves the petition, they will send the petitioner a notice of approval, Form I-797. USCIS will also forward the approved petition to the National Visa Center (NVC), which will contact the intending immigrant with further information.

Applying at the Embassy

The U.S. Embassy in Budapest accepts petitions from U.S. citizens who are physically staying in Hungary. If the petition is executed at the Embassy, the consular officer may approve it. The fee for executing an I-130 petition is 185 USD.
Please note: the petition must be filed by the U.S. citizen – in person!

In order to file a petition, the American citizen needs to present the following documents:

• proof of citizenship;
• the marriage certificate; and
• evidence of termination of any prior marriages of either spouse

Any documents in a foreign language must be accompanied by an official translation into English.

How long the application will take to process

The total processing time for the alien spouse visa might take up to 2-3 years if the petition is filed with the U.S. Citizenship and Immigration Services (USCIS) in the U.S. and subsequently forwarded via the National Visa Center to an Embassy overseas.
Please note: If the petition is filed with the Embassy, the processing time is generally one month.

Last updated: 04/11/2005