Bringing Spouses to Live in the United States as Permanent Residents
Your complete guide to understanding the process, requirements, and steps to bring your spouse to live in the U.S. as a lawful permanent resident.
Overview
Bringing a spouse to the United States as a permanent resident (Green Card holder) enables your partner to live and work in the U.S. permanently. This guide outlines the key steps and considerations for U.S. citizens and lawful permanent residents seeking to sponsor their spouses.
Eligibility Requirements
- The sponsor must be either a U.S. citizen or a lawful permanent resident (Green Card holder).
- Both the sponsor and the spouse must have a legally valid marriage recognized by the United States.
- The sponsor must demonstrate the ability to financially support the spouse by meeting the income requirement or providing a joint sponsor if necessary.
Application Process
- File Form I-130: The U.S. citizen or Green Card holder must submit Form I-130 (Petition for Alien Relative) to the U.S. Citizenship and Immigration Services (USCIS).
- Approval of I-130: Once USCIS approves Form I-130, the spouse can either adjust status (if already in the U.S.) or apply for a visa through consular processing if outside the U.S.
- Form I-485 (if in the U.S.): The spouse in the U.S. can file Form I-485 (Application to Register Permanent Residence or Adjust Status) simultaneously with Form I-130 or after I-130 approval.
- Consular Processing (if outside the U.S.): If the spouse is outside the U.S., they need to apply for an immigrant visa at a U.S. consulate after I-130 approval and National Visa Center (NVC) processing.
- Green Card Approval: Upon completing all steps and the spouse’s arrival in the U.S., they will receive their Green Card as a lawful permanent resident.
Required Documents
Documents required may vary, but typically include:
- Proof of U.S. citizenship or lawful permanent resident status for the sponsor
- Proof of legal marriage (marriage certificate)
- Passport-size photos of both sponsor and spouse
- Completed and signed Form I-130 and Form I-485 (if applicable)
- Form I-864, Affidavit of Support, to show financial capability
- Medical examination report (for immigrant visa applicants)
Application Fees
The fees vary depending on the processing type:
- Form I-130: Approximately $535
- Form I-485: Approximately $1,140 (plus $85 for biometrics for applicants aged 14-78)
- Consular processing fees (if applying outside the U.S.): Approximately $325 plus medical examination fees
Fees are subject to change; please check the official USCIS website for the latest information.
Processing Time
Processing times can vary widely depending on the applicant's location and USCIS backlogs. Typical processing times include:
- Form I-130: 6-12 months on average
- Adjustment of Status: 8-14 months
- Consular Processing: 8-12 months
For the most current processing times, refer to the USCIS Processing Times page.
Frequently Asked Questions
- Q: Can my spouse work in the U.S. while the application is pending?A: Yes, if they are in the U.S. and file Form I-765 for a work permit while awaiting their Green Card.
- Q: What if my spouse’s visa application is denied?A: Denials can often be appealed or addressed by resolving the cause of the denial, such as missing documents.
- Q: How long must I remain a U.S. resident to sponsor my spouse?A: U.S. citizens can sponsor their spouse anytime, while Green Card holders must show they reside in the U.S.
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