How is a Spouse defined under U.S. immigration law?
A spouse is a legally wedded partner. Merely living together does not qualify a marriage for immigration. Common Law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs. In cases of polygamy, only the first spouse may qualify as a spouse for immigration.
Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses.
Click here to learn more about marriage-based immigration applications.