Bringing a Spouse of a Lawful Permanent Resident
to Live in the United States as Permanent Residents

Eligibility to bring your spouse to live in the U.S. as a lawful Permanent Resident  (Green Card holder)

In order to bring your spouse (husband or wife) to live in the United States as a permanent resident (green card holder), you must be either a U.S. citizen or permanent resident.

Spouse  of a Permanent Resident Inside The United States - Possible Adjustment of Status

The spouse of a Lawful Permanent Resident can qualify for "adjustment of Status " while in the United States as an “2^nd Preference” immigrant. This can be done only if the spouse  (1) entered with a visa  and is still legally in the United States or (2) if they entered illegally or is out of status but an application for immigrant status with the USCIS was filed before 4/30/01 or with the department of labor for Labor Certification before 4/30/01 or they were derivative beneficiary of a parents petition.   All other spouse of Lawful Permanent residents that either entered illegally in the United  or is out of status will have to apply for a waiver of the 3/10-year bar.

The adjustment of Status application is filed with the local USCIS office having jurisdiction over the Petitioner's residence. The packet is generally filed with an application for Employment Authorization and if desired with a permission to travel during the process (Advance Parole) (if they have not been out of status for a period of over 6 months on the date of filing.) A few months later a notice is sent directing the applicant to (1) appear for processing of the employment authorization (EAD) (2) take fingerprints (3) appear for the adjustment interview. On the date of the adjustment interview you should be granted a permanent Immigrant Visa (Green Card). The spouse may file for U.S. citizenship 5 years after the approval of the Permanent Visa (Green Card).

Spouse Of A Permanent Legal Resident Living Outside The United States (visa processing)

The first step in establishing your eligibility to immigrate to the United States is to have your Lawful Permanent Resident spouse file an Immigrant Visa Petition with the office of the U.S. Immigration &  Citizenship Service (USCIS) having jurisdiction over his/her place of residence.   

Petitions Required to be Filed in the U.S. – File the I-130 petitions at the USCIS Service Center having jurisdiction over their place of U.S. residence.

Filing Petitions Abroad - Petitions, Form I-130, which can be filed abroad, are limited. Petitions for immediate relative immigrant or 1^st preference petition classifications can be filed abroad by Lawful Permanent Resident petitioners who have been authorized to be continuously resident in their consular districts for at least the preceding six months, including members of the U.S. armed forces, emergency cases involving life and death or health and safety, and others determined to be in the national interest. Petitions are filed with USCIS abroad or at the U.S. Embassy or Consulate (when there is no USCIS presence).

If  the petitioner presently resides abroad, s/he can file petition by post to the USCIS office at the Embassy. Proof of residence in the country is required If the petition is approved, the petition will be forwarded to the National Visa Center and will eventually send the approved petition to the Immigrant Visa Branch at this Embassy for further processing of the visa.

If your Lawful Permanent resident  spouse resides in the U.S. s/he should file with the USCIS office having jurisdiction over his/her place of residence in the United States. The processing can take several months. USCIS will send the approved petition to the National Visa Center (NVC) for further processing

NVC plays an important role in the U.S. immigration process.  NVC provides instructions to petitioners and sponsors, and receives from sponsors, the required Affidavit of Support forms, fees, other required documents, and much more. 

For numerically limited family preference petitions, NVC contacts the petitioner once the petition’s immigration wait nears end, and the priority date is about to come current.

Once the priority date is current the NVC will send you a package to prepare. This package contains all the vital information needed to approve the Permanent Visa (Green Card). You will send the completed package to the U.S. consulate were the parent resides.

The U.S. Consulate will notify you of the interview date and the address for the medical exam and fingerprints once the priority date become current.

Accompanying Children

All unmarried children under the age of 21 can be included in the petition.

How to Bring your Spouse to the United States

Required Documentation to Sponsor your Spouse

To complete the process, the petitioner must submit:

• Form I-130 (signed with proper fee), with all required documentation, including:

o      Two completed and signed G-325A forms (one for you and one for your spouse)

o      A copy of your civil marriage certificate

o      A copy of all divorce decrees, death certificates, or annulment decrees that demonstrate that all previous marriages entered into by you and/or your spouse were terminated

o      Passport style photos of you and your spouse (see Form I-130 instructions for photo requirements)

o      Evidence of all legal name changes for you and/or your spouse (may include marriage certificates, divorce decrees, court judgment of name change, adoption decrees, etc.)

• If you are a U.S. citizen, you must demonstrate your status with:

o      A copy of your valid U.S. passport OR

o      A copy of your U.S. birth certificate OR

o      A copy of Consular Report of Birth Abroad OR

o      A copy of your naturalization certificate OR

o      A copy of your certificate of citizenship

• If you are a permanent resident, you must demonstrate your status with:

o      A copy (front and back) of Form I-551 (green card) OR

o      A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence

Conditional Permanent Residence and Removing Conditions - Form I-751

If you have been married less than 2 years when your spouse is granted permanent resident status, your spouse will receive permanent resident status on a conditional basis. To remove the conditions on residence, you and your spouse must apply together using Form I-751, Petition to Remove the Conditions of Residence. (Note that Form I-90, Application to Replace Permanent Resident Card, is not used for this purpose.)

You must apply to remove conditional status within the 90-day period before the expiration date on the conditional resident card. If you fail to file during this time, your spouse’s resident status will be terminated and he or she may be subject to removal from the United States. 

Case Status

To check the status of your visa petition, see the “My Case Status.”

Can My Spouse Come to the United States to Live While the Visa Petition Is Pending?

If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F. Note that you are not required to file Form I-129F. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be an additional method for him or her to come to the United States.  

If you are a permanent resident and you have filed Form I-130 for your spouse and/or minor children on or before December 21, 2000, your spouse and/or children may be eligible for the V visa classification if more than three years have passed since the I-130 was filed. F

My Petition was Denied: Can I Appeal?

If the visa petition you filed is denied, the denial letter will tell you how to appeal and when you must file the appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals.

Following-to-Join Benefits 

This section is for beneficiaries who became permanent residents through a preference classification.

If you had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your children. In addition, your children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your children can apply for an immigrant visa.

Your children may be eligible for following-to-join benefits if: 

• The relationship existed at the time you became a permanent resident and still exists, AND 
• You received an immigrant visa or adjusted status in a preference category. 

If your family member (child) falls into this category and you adjusted to permanent residency in the United States, you may submit the following:

• Form I-824, Application for Action on an Approved Application or Petition
• A copy of the original application or petition that you used to apply for immigrant status 
• A copy of Form I-797, Notice of Action, for the original application or petition 
• A copy of your Form I-551 (green card)

If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 for your child overseas with your Form I-485.  When concurrently filing Form I-824, it does not require any supporting documentation.

If you received the immigrant visa overseas, you may contact the National Visa Center (NVC) for follow-to-join information. Direct such inquiry by sending an e-mail to NVCInquiry@state.gov or by writing to the National Visa Center, ATTN:  WC, 32 Rochester Ave., Portsmouth, NH 03801-2909. 

Find out about the Preference System.

Find out how the Visa Bulletin and Priority Date Affects this type of case.

Find out about the 3/10 year bar for those that were illegal in the U.S. and leaves for visa processing.

Find out about "Adjustment of Status."

 Find out about how Section 245(i) adjustment helps if the applicant is illegal.

Find out about the National Visa Center.

Apsan Law Offices LLC

�

Click for Consultation
(Bankruptcy, Home Loan Modification, Divorce and Accidents - Free Consultation)

�

Apsan Law Offices, LLC. practices in the areas of Immigration, Corporate Immigration, Family Immigration, Naturalization, bankruptcy, chapter 7 bankruptcy, chapter 13 bankruptcy, uncontested divorces, property settlement agreements and accidents throughout New York and New Jersey in communities including Essex County, Union County, Passaic County, Hudson County, Morris County, Bergen County and Somerset County, as well as the cities of Union, Linden, Rahway, Irvington, Hillside, Bloomfield, Harrison, Orange, East Orange, West Orange, Camden, Clifton, Edison, Jersey City, Passaic, Trenton, Union City, Newark, Ironbound, Kearny, South River, Jersey City, Paterson, Passaic, Elizabeth, Edison, Woodbridge, Toms River, Hamilton, Trenton, Camden, Clifton, Passaic, Garfield, Wallington, Cherry Hill, East Orange, Union City, Bayonne, Irvington, Old Bridge, Lakewood, Long Branch, North Bergen, Vineland, Wayne, Parsippany, Troy Hills, New Brunswick, Plainfield, Bloomfield, Perth, Amboy, East Brunswick, North Brunswick, West New York, West Orange Hackensack, Atlantic City, Mount Laurel, Montclair, Hoboken, and Belleville. We also serve individuals and businesses located in New York's Queens, Bronx, Manhattan, Brooklyn, Staten Island, Westchester, Rockland, Nassau and Suffolk Counties on Long Island including the towns of Hempstead, North Hempstead, Oyster Bay, Huntington, Islip, Babylon, Smithtown, Brookhaven, Riverhead and the North Fork and South Fork (Hamptons) of Long Island. We assist people and businesses to file for relief under the Bankruptcy Code. We are a debt relief agency.



This is an advertisement. Certification as an Immigration Specialist is not currently available in New York or New Jersey. Apsan Law Offices LLC. practices in immigration law, a Federal practice area, and in State laws of New York and New Jersey and we do not claim expertise in the laws of states other than where our attorneys are licensed. The information contained on this site is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel before relying on information on this site. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.Disclaimer: Apsan Law Offices LLC is a Debt Relief law firm as defined by 11 U.S.C. 528. We help people file for Bankruptcy Relief under the Bankruptcy Code. We do not guarantee any result and prior results do not guarantee a similar outcome. This is an attorney advertisement and this website is for informational purposes only. Site is maintained by Nuvem Technologies,Inc, Inc. All rights reserved.