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Green Card Application for My Wife or Husband to Live in the U.S. as a Permanent Resident

Application Procedures to Bring Spouse Husband Wife to Live in USA

Green Card Application Husband Wife US Citizen Legal Permanent Resident

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THIS ARTICLE

You may be eligible for one of the three application procedures outlined below (click on the appropriate item):

  1. You are a U.S. citizen or legal permanent resident (Green Card holder) applying to bring your husband or wife to the United States to live.

  2. Your U.S. citizen parent, or your U.S. citizen brother or sister, is applying to bring you to the United States to live. You would like to bring your husband or wife to live in the United States with you.

  3. You were married before you became a legal permanent resident (Green Card holder), and your wife or husband did not physically accompany you to the United States. You would now like your wife or husband to join you in the United States. (Your husband or wife may be eligible for following-to-join benefits.)

Read the instructions on the forms carefully.  If you live in the U.S., you should file with the USCIS office that has jurisdiction over where you live.  If you live outside the U.S., contact the nearest U.S. Consulate to find out where to file. Immigration forms are available online, or by calling 1-800-870-3676, or by submitting an online request to receive immigration forms by mail. Further information on forms, filing fees, and fee waivers is available in USCIS Forms / INS Forms and Other US Immigration Forms, Fees & Filing Locations. 

For more information, return to: Green Card for Wife or Husband, Sponsoring a Spouse for USA Permanent Resident Visa

 


1. You are a U.S. citizen or legal permanent resident (Green Card holder) applying to bring your husband or wife to the United States to live:

As a U.S. citizen or Green Card holder (legal permanent resident), you must file the following items with the U.S. Citizenship and Immigration Services:

  • USCIS Form I-130 Petition for an Alien Relative

  • Your birth certificate (copy), or your Certificate of Naturalization or Citizenship if you were not born in the United States

  • Your Green Card (Permanent Resident Card) if you are a legal permanent resident

  • 2 USCIS Forms G-325A Biographic Data Sheets (One for you and one for your wife or husband)

  • One color photo of you and one of your wife or husband taken within 30 days of filing (please see Form I-130 for more instructions on photos)

  • A copy of your marriage certificate

  • A copy of any divorce decrees, death certificates, or annulment decrees if you or your husband or wife have been previously married

At the same time, your wife or husband also must follow certain application procedures:

If you are a U.S. citizen and your foreign national wife or husband is currently inside the borders of the United States, the wife or husband may file the following materials with the U.S. Citizenship and Immigration Services. These application items can be submitted at the same time as your Form I-130, Petition for an Alien Relative:

Please note that there are certain eligibility requirements for using Form I-485.

In all other cases:
The USCIS will notify you when your I-130, Petition for Alien Relative is approved or denied. If it is approved, your wife or husband will be notified by the State Department when an immigrant visa number is available. If your husband or wife is outside the country, your husband or wife must then go to the local U.S. consulate for processing. If your wife or husband is legally inside the United States when a visa number becomes available, your wife or husband should apply for a Green Card to adjust to Permanent Resident Status.

 


2. Your U.S. citizen parent, or your U.S. citizen brother or sister, is applying to bring you to the United States to live. You would like to bring your husband or wife to live in the United States with you.

If your U.S. citizen parent is applying for Green Card permanent residence status for you on Form I-130, Petition for Alien Relative, and you are a married child of any age, your husband or wife and children do not require a separate visa petition. Your husband or wife and children will be included in the visa petition your parent is filing for you. For more information on what you parent needs to do, please see Bringing My Children to Live in the U.S. as Permanent Residents (Green Card).

If your U.S. citizen brother or sister is applying for Green Card permanent residence status for you on Form I-130, your wife or husband and children do not require a separate visa petition. Your wife or husband can be included in the visa petition your brother or sister is filing for you. For more information on what your brother or sister needs to do, please see Bringing My Brother or Sister to Live in the U.S. as a Permanent Resident (Green Card).

Your parent, or brother or sister, will be notified by the USCIS when their Form I-130, Petition for Alien Relative is approved or denied. If it is approved, you and your husband or wife will be notified by the State Department when an immigrant visa number is available. If you are outside the country, you then must go to the local U.S. consulate for processing. If you are legally inside the United States when a visa number becomes available, you should apply to adjust to permanent resident (Green Card) status.

 


3. You were married before you became a legal permanent resident (Green Card holder), and your wife or husband did not physically accompany you to the United States. You would now like your wife or husband to join you in the United States.

If you were married before you became a legal permanent resident (Green Card holder), your wife or husband may be eligible for following-to-join benefits. This means that you would not have to submit a separate Form I-130 (Petition for Alien Relative) for your wife or husband, and your wife or husband would not have to wait any extra time for an immigrant visa number to become available. In this case, you can simply notify a U.S. consulate that your status has been adjusted to legal permanent resident so that your husband or wife can apply for a Green Card (immigrant visa). Your husband or wife may be eligible for following-to-join benefits in the following cases if your relationship still exists:

  • You received a diversity immigrant visa

  • You received an employment immigrant visa

  • You received an immigrant visa based on your relationship with your brother or sister

  • You received an immigrant visa based on your relationship with your parents when you were already married

If you fall into these categories, submit the following information to the U.S. Citizenship and Immigration Services (USCIS):

If the I-824 is approved, USCIS will notify a U.S. consulate that your status has been adjusted to that of a lawful permanent resident (Green Card holder) so that your wife or husband can apply for a Green Card (immigrant visa). You must then ask your husband or wife to report to the local U.S. consulate to complete the processing.

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