Comprehensive Overview of Immigration Law (COIL) 2025 – 400 Free Practice Questions to Pass the Exam

The classification of a non-citizen's spouse as an immediate relative hinges on the requirement that the spouse must be married to a U.S. citizen. This designation allows the non-citizen spouse to take advantage of certain immigration benefits that are not available to other categories of family members. Immediate relatives of U.S. citizens, which include spouses, do not have to wait for a visa number to become available, as they are exempt from the numerical limits imposed on family-based immigration.

The other criteria mentioned, like having children together or living together for a certain period, are not necessary for the immediate relative status. The requirement of being married for a specific duration is also irrelevant in this classification, as the immediate relative status applies as soon as the marriage is legally recognized, regardless of its duration.