How to Help Your Spouse Immigrate to the USA

If you are a US citizen or a US permanent resident, you can usually arrange for your spouse (or fiancé, if you’re a citizen) to join you in the US, but to ensure that everything runs smoothly you need to follow the proper procedures. What you need to do exactly depends on your status. The procedure is considerably easier if you’re a US citizen. In any case, it is important to have an immigration lawyer assisting you with this process – please contact us today for assistance!

If you’re a US citizen, the process is initiated when you submit an immigrant visa petition. Some individuals attempt to bring their spouse into US on a tourist visa, but this is a bad idea. If your spouse comes to the US on a tourist visa and then applies for a green card, this is sometimes considered visa fraud. If your spouse is currently in the US illegally, this also creates complications – contact an immigration lawyer immediately if that is your situation.

If you file a petition while your spouse is in his or her home country, your spouse may apply for a temporary nonimmigrant visa, which entitles him or her to come to the US until the visa is granted. Your spouse may also elect to wait until receiving his or her visa to come to the US. If your spouse is already is the US legally, your spouse may file a form to adjust his or her status to lawful permanent resident.

If you and your spouse have been married for less than two years when your spouse receives permanent resident status, the resident status is conditional for a period of two years and your spouse will need to apply to have the resident status made permanent before the two-year period expires.

For your spouse to be eligible for a green card, you will need to prove that you are legally married and that the marriage is real, not just an arrangement intended to get your spouse US residency. Immigration officials may want to see pictures of your wedding, family pictures, or other proof that you and your spouse have a genuine relationship.

If you are a legal permanent resident, not a citizen, the procedure is similar, but your spouse will be placed on a waiting list due to the visa quota. Wait times can be as long as two or three years or longer.

If you would like to learn more about helping your spouse immigrate to the US, we can assist. Please contact us today to learn more!