If you wish to bring your spouse to live in the United States as a permanent resident or Green Card holder, there are specific legal processes that you must complete. Making a mistake, no matter how minor, can lengthen an already long legal process and make approval less likely. The best way to ensure an efficient and effective process is by hiring an experienced spousal immigration attorney. Contact the spousal immigration lawyers at Family Visa today to request your free case evaluation.
Who Is Eligible for Spousal Immigration?
U.S. Citizenship and Immigration Services defines a spouse for immigration purposes as a husband or wife. This means you and your spouse are in a marriage that is valid and recognized by the law. If you and your spouse are engaged but not yet married, you can apply for a fiancé visa instead.
Steps for Spousal Immigration in the United States
- Verify your eligibility. You must be a U.S. citizen or Green Card holder yourself before you can petition for your spouse to become a permanent resident of the United States.
- Determine which process is right for you. The forms that you must complete for spousal immigration change according to who you are and where your spouse is living:
a. You are a U.S. citizen and your spouse is inside the U.S. Forms I-130 and I-485, filed at the same time.
b. You are a Green Card holder and your spouse is inside the U.S. Form I-130, then adjust your status using I-485 when a visa number becomes available.
c. You are living outside of the U.S. Form I-130 and consular processing. - Provide the required documentation. When filing your forms for spousal immigration, you must submit all required documentation. This includes a copy of your marriage certificate, passport-style photos of you and your spouse, evidence of any legal name changes, and documents to demonstrate your status as a U.S. citizen or Green Card holder.
- Attend the interview. Once all of your forms and supporting documents have been approved by Immigration Services, the National Visa Center will forward your file to the embassy or consulate closest to your spouse to schedule an interview. During the interview, your spouse will answer questions and provide further documentation.
- Bring your spouse to the U.S. If your spousal immigration petition is approved and you receive an immigration visa, your spouse has six months to travel to the United States. Note that if you have been married for less than two years, your spouse’s Green Card will be conditional and expire after two years. In this case, your spouse will need to petition for a permanent Green Card during the last 90 days before the conditional card expires.
How Long Does it Take to Process Spousal Immigration?
If you are a U.S. citizen, expect petition processing to take around three to five months. If you are a permanent resident as a Green Card holder, you must first wait for a visa to become available for your spouse. The waiting time can vary based on your spouse’s home country, but the average time is around two years. Then, you will have the additional three to five month processing time.
Can My Spouse Live in the U.S. While a Visa Petition Is Processing?
If you are a citizen of the U.S., your spouse can apply for a nonimmigrant K-3 visa to enter the United States to live with you and work in the country while his or her immigration is pending. You can petition for this right by filing Form I-129F, Petition for Alien Fiancé(e).
Contact A Spousal Immigration Lawyer at Family Visa Today for Assistance
At Family Visa, our multilingual team of family immigration attorneys can help you complete the required forms, prove your relationship status and work through the processes that it takes to immigrate your spouse into the United States. Our lawyers accept cases from around the world and have a 100 percent success rate. Contact us today at (800) 605-VISA to request your free case evaluation. Virtual appointments are always available.