Can my foreign spouse visit me in the US?

Navigating US Visa Options for Foreign Spouses

Foreign spouses seeking to visit the United States have two primary options: applying for a B-2 visitor visa or traveling visa-free under the Visa Waiver Program (VWP). The eligibility requirements and application procedures for each option vary.

B-2 Visitor Visa

The B-2 visa is a nonimmigrant visa that allows entry into the US for tourism, visiting family or friends, or short-term medical treatment. Foreign spouses of US citizens or permanent residents may be eligible for a B-2 visa to visit their loved ones.

To qualify for a B-2 visa, applicants must demonstrate:

• A legitimate purpose for the visit
• Sufficient financial means to support themselves during their stay
• Ties to their home country that will motivate them to return

Common-law partners, who are not legally married but share a stable and committed relationship, may also be eligible for B-2 visas. However, they must provide evidence of their relationship, such as joint financial accounts or letters of support.

The application process for a B-2 visa involves submitting Form DS-160, which includes information about the applicant’s purpose of travel, personal history, and criminal record. Applicants may also be required to provide additional documents, such as a letter of invitation from their spouse.

Visa Waiver Program (VWP)

Citizens of 40 eligible countries can travel to the US visa-free for short-term stays (up to 90 days) under the VWP. To qualify, applicants must hold a valid passport from a VWP country and meet certain other requirements, such as:

• Having traveled to the US at least once in the past five years
• Not being a citizen of Iran, Iraq, North Korea, Sudan, or Syria
• Having no serious criminal record

If a foreign spouse meets all the VWP requirements, they can visit the US for a short period without applying for a visa. However, they must still apply for an Electronic System for Travel Authorization (ESTA) before boarding their flight to the US.

Choosing the Right Option

The best visa option for a foreign spouse depends on the intended length and purpose of their visit. If the spouse plans to stay for more than 90 days or engage in activities that are not permitted under the VWP (such as work or study), a B-2 visa is likely the appropriate choice.

Conversely, if the spouse plans to stay for less than 90 days and meets the VWP requirements, they can avoid the need for a visa and travel visa-free. It is important to carefully consider the eligibility requirements and applicable procedures to ensure a successful application and entry into the US.