Bringing Your Spouse to Live in the U.S.
U.S. citizens and permanent residents can sponsor their spouse, children, parents, or siblings for a green card
Application Criteria for Spouse of U.S. Citizen & Permanent Resident
Application Criteria for Spouse of a U.S. Citizen
- Can sponsor a green card for husband/wife (no visa quota or priority date wait)
- Can file Form I-130 and Form I-485 at the same time
- Marriage validity is closely examined; strong evidence is required
Application Criteria for Spouse of U.S. Citizen
- Can sponsor a green card for husband/wife but subject to priority date wait under the F2A category
- Can not file Form I-130 and Form I-485 concurrently (must wait until the priority date is current to file Form I-485)
Marriage-Based Green Card Application Process
1.Adjustment of Status (If the Beneficiary is Already in the U.S.)
A.For Spouses of U.S. Citizens (No Priority Date Wait)
- Submit Form I-130 and Form I-485 together (and optionally I-765 and I-131)
- Attend biometrics/fingerprinting appointment
- Attend marriage green card interview
- Upon approval: green card issued
B.For Spouses of Permanent Residents (Subject to Priority Date Wait)
- Submit Form I-130
- Wait for priority date to become current
- Once current (Chart B): fileForm I-485 (and optionally I-765 and I-131 at the same time)
- Attend biomerics/fingerprinting appointmentand receive Combo Card (EAD + Advance Parole)
- Once curent (Chart A):USCIS adjudicates the green card
- Attend marriage green card interview
- Upon approval: green card issued
2. Consular Processing (If the Beneficiary is Outside the U.S.)
- Submit Form I-130
- Once passed, wait for NVCcase creation; then submit Form DS-260 and other civil documents
- Attend U.S. consulate interview(spouses of permanent residents will have to wait for their priority date to become current first)
- Upon approval: receiveimmigrant visa
- Enter the U.S.and await green card by mail
Tips:
The average case processing time is around 12 to 18 months for spouses of U.S. citizens and 30-36 months for spouses of permanent residents. The average processing time for I-485 is approximately 12 to 16 months, depending on USCIS field office.