Legal definition of Alien spouse :
Under U.S. immigration laws, the term “Alien spouse” refers to the foreign spouse of a U.S. citizen or lawful permanent resident. This status can be obtained as an immediate relative, spouse of a U.S. citizen, fiancé(e) of a U.S. citizen, or spouse of an alien lawfully admitted for permanent residence.
To be admitted as a foreign spouse, the candidate must meet certain conditions. This includes meeting the minimum age requirement for both the spouse and the citizen, demonstrating the validity of the marriage celebrated either abroad or in the United States, or proving the ongoing validity of the relationship. If the marriage has not yet taken place, fiancés have 90 days following their arrival in the United States to get married.
Typically, U.S. citizens can bring their spouses to the United States either through the K Fiancé visa for fiancés or the Alien-Spouse Immigrant visa for already married spouses. In the former case, the visa allows the fiancé or fiancée to enter the United States to marry the U.S. citizen within 90 days of arrival. Secondly, the Alien-Spouse Immigrant visa is for foreign spouses already married who wish to permanently reside in the United States.
To bring their spouse to the United States, U.S. citizens must file Form I-130 and Form I-485 if the spouse is already in the United States. If the spouse is outside the United States, only Form I-130 needs to be filed. Once Form I-130 is approved, it will be forwarded for consular processing. The consulate or embassy will provide notification information regarding the decision made at a later date.
Etymology of Alien Spouse
The term “alien spouse” originates from the Latin word “alienus,” meaning foreign. In a legal context, “alien” refers to a person who is not a citizen or national of the country where they reside. “Spouse” is derived from the Latin word “sponsus,” meaning partner in marriage. Therefore, “alien spouse” specifically denotes a legally married foreign national to a citizen or resident of a particular country. In immigration law, it specifically refers to the foreign spouse of a citizen or resident seeking immigration benefits or status in the host country.