SPOUSE PETITION

If you are a U.S. citizen Petitioner, you can petition your spouse to become a legal permanent resident of the United States.  After the Petition is approved, he/she will have an immigrant visa immediately available. That means that there is no wait for the immigrant visa after the Petition is approved.  If done correctly, your spouse will get a green card through your marriage shortly after the Petition is approved.

Once your Petition is approved, if your spouse is outside of the United States, your spouse proceeds with a Consular Process.

Consular Process occurs through the US Department of State, National Visa Center (NVC).  The NVC sends you and e-mail informing that you may proceed to pay the immigrant visa fees and submit your affidavit of support. The affidavit of support must include the Petitioner’s tax returns and the Petitioner’s most recent income information.  The government also wants proof that your spouse will not become a “Public Charge”.  A public charge is a person that uses financial assistance from the government to live.

Once this step is complete, NVC sends the case to the Embassy or Consulate of the country of your spouse.  Your spouse will then have an interview.

During the interview, your Spouse presents evidence that your marriage is “bona fide” (real), a police certificate, medical exam, biometrics, original civil documents, and his or her passport to the interviewing officer.  If done correctly, once the immigrant visa is approved, a stamp is placed in your Spouse’s passport.

The stamp allows your spouse to enter the U.S. as a green card holder. The actual green card and social security card arrives by mail at the U.S. address. The green card allows your spouse to live and work in the United States for a period of 2 years.  Before your spouse’s green card expires, he or she must apply to remove conditions and receive a permanent green card through marriage.  For more information on removal of conditions, click here

In some cases, the Spouse of a U.S. citizen can get a green card through marriage at the same time the Petition is approved.  This process is called Adjustment of Status.  For this, the U.S. citizen submits the Petition and the beneficiary of the Petition submits the Adjustment of Status Application package together.  The Petition and the Adjustment of Status package are approved at the same time after an interview.  At the interview, you and your spouse will appear at your local USCIS office.  Your spouse receives the green card through marriage once everything is approved.

The process of petitioning a spouse for a green card through marriage is long and requires various steps.  It is important that you understand each part and that everything is done correctly.  A careful and thorough analysis by our immigration lawyers will determine how to get a green card through marriage for your Spouse.  Mistakes can cause delays or denials.  We encourage you to consults with our office if you want to petition your spouse.

As a legal permanent resident of the U.S., you can also petition your spouse for a green card through marriage.  However, there are no immediate immigrant visas available for this category.  These petitions fall under the second preference category called “family-sponsored preference (F2B)”.

Therefore, there may be a waiting period after the Petition is approved before the visa becomes available.  This is because visas are issued by the US Department of State, National Visa Center (NVC) according to annual quotas that are established by law.   There may be longer wait times for an immigrant visa to become available.  This depends on the number of people that apply each year and your spouse’s country of origin.

Once the visa becomes available, the Consular Process begins.

You will receive an email from the National Visa Center (NVC) with instructions on how to pay the immigrant visa fees and a request to submit the affidavit of support. The affidavit of support must be submitted to the government with your tax returns and your most recent income information to show that your spouse will not become a “Public Charge”.  A public charge is a person that uses financial government assistance to survive.

Once the file is complete, NVC will send the case to the Embassy or Consulate of your spouse’s country to schedule the interview.

During the interview, your spouse submits evidence of the marriage, a police certificate, medical exam, biometrics, original civil documents, and his or her passport to the interviewing officer. If done correctly, the immigrant visa is approved, and a stamp is placed in the passport. The stamp allows your spouse to enter the U.S. as a green card holder. The green card and social security card arrive in the mail at the U.S. address.

The green card through marriage allows your spouse to live and work in the United States.  This green card is valid for two years.  Before the expiration of the green card, your spouse must apply to remove the conditions of the green card through marriage.  Once these conditions are lifted, your spouse receives a permanent green card through the marriage to you.  For more information on removal of conditions, click here

Many clients ask how to get a green card through marriage in the United States if the petitioner is not a U.S. citizen.  Unfortunately, Spouses of permanent residents are not eligible to get a green card through marriage in the United States.  Therefore, it is important that you understand exactly what you and your spouse are eligible to receive and how to get a green card through marriage the correct way.

The entire process of getting a green card through marriage is complicated and time consuming.   It is crucial that the case and the evidence is presented correctly to avoid unnecessary delays or additional costs.

We understand how important it is to bring your loved ones to the United States as quickly and efficiently as possible.  It is our job and honor to help families reunite in the United States.