In can bring your spouse (husband or wife) to live in the United States as a green card holder (permanent resident) if:
- You are a U.S. citizen
- & spouse is in the U.S: 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.
- & spouse is outside the U.S: 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.
- You are a green card holder
- & spouse is in the U.S: 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.
- & spouse is outside the U.S: 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.
- Your marriage is legally valid in the place it was performed, and it does not counter any overarching U.S. policy (e.g polygamy).
Frequently Asked Questions (Marriage):
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 or your minor children (k-4 visa) to come to the United States to live and work while the visa petition is pending. We can help you file the forms or provide free consultations.
Can my child come to the US with me holding a marriage visa?
Generally, yes. Children who are under the age of 21 will be able to enter the United States and become lawful permanent residents. Additionally, in certain circumstances, it is possible for such children to qualify for automatic citizenship (but only in certain circumstances).
Should I apply for my spouse when I am a green card holder or when I become a citizen?