Application Procedures: Settling a Spouse as a Derivative Refugee in the United States
Your Application Responsibilities
You must file the following items with the U.S. Citizenship and Immigration Services (USCIS):
- Form I-730 Refugee/Asylee Relative Petition
- Proof of your status as a refugee
- A recent, clear photograph of your spouse
- A copy of your marriage certificate
- A copy of any divorce decrees, death certificates, or annulment decrees if you or your spouse have been previously married.
- Any evidence of legal name change if you or your spouse changed your name
Spouse Application Responsibilities
If your spouse is outside the borders of the United States, your spouse will be notified to go to their local U.S. consulate to complete the processing.
If your foreign national spouse is currently inside the borders of the United States, the U.S. Citizenship and Immigration Services will notify your spouse if the application is approved by sending your spouse Form I-797, Notice of Action. See 8 CFR §207.7(f)(1).
You must file a Form I-730 petition for your spouse within two years of the date you were admitted to the U.S. However, this date may be extended for humanitarian purposes.
No appeal is available from a denial of a Form I-730 petition.
A spouse who receives derivative refugee status cannot file a Form I-730 petition on behalf of other family members.
Please see Form 1-730 for more specific information. Forms are available by calling 1(800) 870-3676, or by submitting a request through this system here. No fees are required to submit Form I-730. For more information, see 8 CFR §207.7 for rules published in the Federal Register which explain the eligibility requirements and procedures for filing an I-730 petition.
