How do I apply for a Green Card for my spouse?

Obtaining a Green Card for your spouse is a crucial step if you plan to live permanently in the United States. This process, while complex, is essential to ensure that your spouse can reside and work legally in the country. Whether your spouse is inside or outside the U.S., it’s important to follow the correct steps to secure a successful outcome.

In this article, we will break down the marriage-based Green Card application process, covering both adjustment of status and consular processing, to help you navigate this procedure with confidence.

Adjustment of Status for Spouses

Adjustment of status is the process by which a spouse already in the United States can change their immigration status and become a permanent resident without leaving the country. This process is a popular option for those who wish to avoid the time and cost associated with returning to their country of origin for consular processing.

Step 1: Submitting Form I-130

The first step in adjustment of status is for the U.S. citizen to file Form I-130, Petition for Alien Relative. This form establishes the family relationship between the petitioner and the beneficiary (spouse) and is essential to initiate the process.

Step 2: Submitting Form I-485

After USCIS approves Form I-130, the foreign spouse can file Form I-485, Application to Register Permanent Residence or Adjust Status. This form is the key step in adjustment of status and must include all required documentation, such as evidence of marriage and criminal background checks.

Step 3: Medical Exam and Biometrics

Once Form I-485 is submitted, the applicant spouse must undergo a medical exam conducted by a USCIS-approved physician. They will also have a biometric appointment (fingerprints and photograph) to verify their background.

Step 4: Interview

USCIS will schedule an interview for the applicant and their spouse at a local USCIS office. During the interview, the immigration officer will evaluate the legitimacy of the marriage and review all submitted documentation.

Step 5: Green Card Approval

If everything goes well, the foreign spouse will receive their Green Card by mail. This card will allow them to live and work permanently in the United States.

Consular Visa Processing for Spouses Abroad

If your spouse resides outside the United States, the Green Card application process follows the consular processing route. This procedure differs from adjustment of status as it involves dealing with the U.S. consulate in the spouse’s home country.

Step 1: Filing Form I-130

As in the adjustment of status process, the first step is to file Form I-130. Once approved, the case will be transferred to the National Visa Center (NVC).

Step 2: Document collection and fee payment

The NVC will request several documents, including birth, marriage, and criminal background certificates, along with the payment of consular fees. This is a crucial step to ensure the process advances without delays.

Step 3: Consular Interview

Once the NVC has reviewed the documents, it will schedule an interview at the U.S. consulate in the spouse’s home country. During this interview, the validity of the marriage and the applicant’s eligibility for the Green Card will be evaluated.

Step 4: Visa Approval

If the interview is successful, an immigrant visa will be issued. The spouse will be able to enter the United States as a permanent resident and will receive their Green Card shortly after arrival.

Guide for the Fiancé Visa Application Process

For couples who are not yet married but plan to marry, there is the option of the fiancé visa (K-1). This type of visa allows the foreign fiancé of a U.S. citizen to enter the country on the condition that the couple marries within 90 days of their arrival.

Step 1: Filing Form I-129F

The U.S. citizen must file Form I-129F, Petition for Alien Fiancé, with USCIS. This form aims to establish the intent to marry and the couple’s eligibility.

Step 2: Consular Interview

Once approved, the foreign fiancé will attend an interview at the U.S. consulate in their home country. They will be asked about the relationship and marriage plans.

Step 3: Entry into the United States and Marriage

With the K-1 visa approved, the fiancé can enter the country. The couple must marry within 90 days to proceed with the adjustment of legal status.

Estimated Time to Receive a Green Card for Your Spouse

The time to receive a Green Card for your spouse varies based on several factors, including the type of application and the processing location. Below is an estimated timeline for each stage of the process:

Preparation and Filing of the Application

• Estimated Duration: 1 to 3 months.
• Description: Preparing the Green Card application includes gathering documents, accurately completing forms, and collecting evidence to support the relationship and the applicant’s status. This step can take a few weeks to several months, depending on the availability of documents and the complexity of the application.

Green Card Application Processing

• Estimated Duration: 10 to 16 months (for spouses of U.S. citizens) or 16 to 24 months (for spouses of permanent residents).
• Description: Once the application is filed, processing times can vary depending on the workload of the U.S. Citizenship and Immigration Services (USCIS) and whether the applicant is inside or outside the United States. Processing times include reviewing the application, verifying information, and scheduling interviews.

Interview and Final Decision

• Estimated Duration: 2 to 4 months.
• Description: After the initial review, an interview with USCIS may be scheduled. The duration of this stage depends on the availability of appointments and the preparation of both spouses for the interview. After the interview, USCIS will make a final decision on the application, which may take an additional 2 to 4 months.

Green Card Reception

• Estimated Duration: 1 to 2 months after approval.
• Description: Once the application is approved, the Green Card will be issued and mailed. Receiving the Green Card can take 1 to 2 months after the final approval.

Fiancé Visa: Legal Process for U.S. Citizens

It is essential to know the differences between fiancé visas and marriage visas. An experienced K-1 visa lawyer can guide you through the requirements, forms, and interviews needed to obtain the fiancé visa. This is especially important for those facing complications, such as criminal records or previous residency situations.

Fiancé Visa: Legal Process for U.S. Citizens

Applying for a Green Card for your spouse, whether through adjustment of status or consular processing, is an essential step in building your life together in the United States. The key to a successful process is careful planning, gathering accurate documents, and understanding the legal requirements. If you want to ensure a smooth transition, working with an immigration lawyer in Dallas specializing in marriage visa cases is a wise decision.

Don’t wait to protect your family’s future! Schedule a consultation with our expert fiancé and marriage visa lawyers in Texas today, and take the first step toward a life together in the United States.