Can I Bring My Spouse to the United States?
Whether you can bring your spouse to the U.S. is one of the most common questions KC Immigration Lawyers are asked. Maybe you are lawfully in the U.S., but your spouse has either entered the U.S. unlawfully or is in a different country entirely.
What is your next step? You want your spouse to have a lawful permanent resident status, but if your spouse has been in the country unlawfully, you may face complications with their immigrant visa. What else do you need to know?
Generally, you must be a U.S. citizen or a green card holder to bring your foreign spouse to the United States for permanent residence. The process varies depending on the specific circumstances. If you are considering applying for a spouse green card, the team at KC Immigration Lawyers may be able to help.
What Is the Process When Your Spouse Is Legally in the U.S.?
When your spouse is legally in the U.S., the spousal green card application process is pretty straightforward for U.S. citizens. If your spouse lawfully entered the U.S., you just need to fill out a few forms for an adjustment of status.
The following forms are required:
- Form I-130 petition for alien relative;
- Form I-130A;
- Form I-485 application is used to register permanent residents or to adjust residential status and
- Form I-864 affidavit of support.
Avoid unnecessary delays and possible rejections of the immigrant visa petition by filling out the forms carefully. Using the citizenship and immigration services offered by KC Immigration Lawyers to guide you through obtaining permanent residence may make the process toward United States citizenship easier and less stressful.
The Process for Permanent Residents
If your spouse is in the U.S., the process starts when you submit your completed Form I-130 and Form I-130A. If your spouse is in lawful status, they may be eligible to file a Form I-485 to adjust status. Otherwise, your spouse may need to leave the U.S. to wait until a green card becomes available.
There are a limited number of immigrant visas available in a given year. Whether the spouse of a resident can adjust status or must leave the U.S. depends on the date the forms are filed (called “priority date”). Each month, the Visa Bulletin displays whether spouses of permanent residents may adjust their status or may need to leave the U.S.
Once your petition’s priority date becomes current, your spouse can obtain an immigrant visa number. The process is different if your spouse did not maintain lawful status in the U.S.
The Process When Your Spouse Is Not Physically in the U.S.
The process is significantly different if your spouse is not physically in the U.S. You should also submit an I-130 form and petition for alien relatives. In addition to this, you need to submit the following:
- Two passport pictures of the spouse
- A completed Form I-130A for the spouse
If the I-130 form is approved, the National Visa Center (NVC) will take over the process. They collate your case information and prepare your file for the interview. You and your spouse will provide information and upload documents. The NVC will forward the information and documents for consular processing.
The NVC will advise your spouse of the immigrant interview for consular processing:
- Date
- Time
- Location
This typically occurs at the U.S. Consulate closest to your spouse’s residence in their home country.
If all goes well, your spouse will be given an immigrant visa valid for six months. Your foreign spouse may enter the United States as a resident during this time. They will be granted resident status and receive a green card in the mail after arrival.
However, certain conditions might apply. For example, if you have been married less than 2 years when your spouse is granted permanent resident status, the permanent resident status will be on a conditional basis.
Can You Petition for Your Spouse While You Are Living Outside the United States?
Although you can petition for your spouse while living abroad, it may complicate things. Therefore, you should be capable of proving to the National Visa Center and the selected Embassy that your actual residence is in the United States.
You need to prove that your time abroad is only temporary and that you plan to return to the United States before or upon the arrival of your spouse.
How Much Can It Cost to Bring a Spouse to the U.S.A.?
Costs for the immigration visa application are dependent on the circumstances of the case. A skilled legal representative can provide additional information based on a review of your spouse’s situation.
How Long Does a Spousal Application for a Green Card Take?
The time your spousal application process takes depends on your case’s circumstances and how long you were married before applying. It can take anywhere from 5 months to 52 months.
If you have been married for two or more years, the green card is valid for ten years, and the renewal process is usually straightforward. If you were married for less than two years, however, your spouse will be issued what is known as a CR1 green card. This green card is a temporary visa with an expiration date of two years from the date of issue.
No more than 90 days before the conditional card expires, the couple should submit a completed Form I-751 to acquire permanent resident status. This is the petition to remove conditions regarding residence. At this stage, the U.S.C.I.S. verifies that the marriage was not solely for immigration purposes before issuing a final ten-year green card.
It’s crucial to understand that the spousal application process involves multiple steps, each with its own timeline. After filing the initial immigrant petition, you may need to wait for approval before moving on to the next stage, which often involves an immigrant visa interview at a U.S. consulate or embassy. During this interview, documents like the birth certificate and civil marriage certificate are typically required.
Hiring an immigration attorney can be beneficial to navigate the complexities of the immigration process and to ensure that you have continuously maintained lawful status throughout. They can also guide you through any unexpected delays or issues that may arise, such as additional background checks or requests for further evidence.
If your immigrant spouse is already in the U.S. on a nonimmigrant visa, transitioning to a permanent resident card may involve a different set of procedures and timelines. In such cases, it’s essential to be aware of the visa process intricacies to avoid jeopardizing the application.
How an Attorney Can Help
If you want to bring your spouse to the U.S. as a permanent resident, it is possible to handle the matter yourself. However, the process can be pretty complex, and immigration processes change frequently. U.S.C.I.S. has a great website to make the process accessible to many people.
Since mistakes and omissions can lead to lengthy delays and possibly even a rejection of your application, it may be a good idea to consult with a skilled green card lawyer. The skill and experience of qualified Kansas City Immigration Lawyers will enable you to submit with confidence. Your first consultation is free. Call now.
Frequently Asked Questions
Who is eligible to petition for a foreign spouse?
To bring a spouse to the U.S. for permanent residence, the petitioner must generally be a U.S. citizen or a Lawful Permanent Resident (green card holder). The specific process and wait times vary based on the petitioner’s status and whether the spouse is already in the country.
How long does the spousal green card process take?
The timeline is highly variable and depends on individual case circumstances, typically ranging anywhere from 5 months to 52 months. Factors such as the length of the marriage and the current workload of USCIS or the local consulate can impact these dates.
What is the difference between Adjustment of Status and Consular Processing?
Adjustment of Status is the process used when a spouse is already legally inside the U.S., allowing them to become a resident without leaving. Consular Processing applies to spouses living abroad, requiring an interview at a U.S. Embassy or Consulate in their home country.
What happens if we have been married for less than two years?
If the marriage is less than two years old when residency is granted, the spouse receives a conditional (CR1) green card valid for only two years. The couple must file Form I-751 within 90 days of the card’s expiration to prove the marriage is bona fide and remove these conditions.
Can a petitioner living abroad still sponsor their spouse?
Yes, you can petition while living outside the U.S., but you must prove to the National Visa Center that your primary residence is in the United States. You must demonstrate that your time abroad is temporary and that you intend to return to the U.S. by the time your spouse arrives.
