In order to bring your spouse (husband or wife) to live in the United States as a green card holder (permanent resident), you must be either a U.S. citizen or green card holder.
|You are a:||Your spouse is:||How to Apply:|
|U.S. citizen||Inside the United States||File Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time. See form instructions for more information.|
|Outside the United States||File Form I-130, Petition for Alien Relative. When the Form I-130 is approved, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. See form instructions for more information.|
|Green card holder||Inside the United States||File Form I-130. After a visa number becomes available, apply to adjust status to permanent residency using Form I-485. NOTE: Unless the beneficiary (your spouse) had an immigrant visa petition or labor certification pending prior to April 30, 2001, the beneficiary must have continuously maintained lawful status in the United States in order to adjust status. See form instructions for more information.|
|Outside the United States||File Form I-130. When Form I-130 is approved and a visa is available, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. See form instructions for more information.|
To complete the process, the petitioner must submit:
- Form I-130 (signed with proper fee), with all required documentation, including:
- Two completed and signed G-325A forms (one for you and one for your spouse)
- A copy of your civil marriage certificate
- 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
- Passport style photos of you and your spouse
- 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:
- A copy of your valid U.S. passport OR
- A copy of your U.S. birth certificate OR
- A copy of Consular Report of Birth Abroad OR
- A copy of your naturalization certificate OR
- A copy of your certificate of citizenship
If you are a green card holder (permanent resident), you must demonstrate your status with:
- A copy (front and back) of Form I-551 (green card) OR
- A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence
Conditional Residence and Removing Conditions:
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.
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.
How we can help you:
At the Law Office of Moona Shakil, an experienced senior attorney would help preparing your I-130 Petition for Alien Relative Application. Our immigration attorney would consult with you to discuss your options. Our mission is to provide prompt, high quality legal services to benefit the lives of our clients. We handle almost all types of immigration visas, and our attorneys understand that communication is a key to success. You need confidence that your lawyer understands your problem and is working with you to achieve results. Call us to find out how we provide superior service to our clients.
Disclaimer: The information provided on this website is for informational purposes only and is not intended to be relied upon as legal advice. The use of the information on this website creates no attorney client relationship between the user and the Law Office of Moona Shakil, PLLC or its attorneys. There is no substitute for a face to face consultation with a lawyer. If you have legal questions, you must contact an experienced attorney immediately.