Marriage to a Greencard Holder

Marriage to a green card holder does not automatically convey the right to live in the U.S.

A green card holder may apply to bring a spouse to the United States. The process has several steps, beginning with a petition to apply which is filed by the U.S. resident spouse and ending with an in-person interview at the U.S. Embassy or Consulate in the spouse's home country.

A Number

Spouses of green card holders must wait for an A number to become available before they can apply for their visa. These numbers have a yearly limit, resulting in a waiting time of several years before the spouse is even able to apply. During this time, the spouse may be able to temporarily visit but not settle in the U.S. The U.S. resident spouse files the I-130 petition for their spouse, which begins the wait for an A number.

Time Frame

Processing times for spouses of green card holders range anywhere from 33 months upwards. Often, the U.S. resident spouse may elect to apply for citizenship when he becomes eligible and then petition for the spouse based on this criteria instead, as the wait times may be shorter. Once the petition to apply is granted, the process moves quickly from the National Visa Center to the U.S. Embassy or Consulate in the spouse's home country.

Petitioning: The I-130

The I-130 is the first step to a visa for a spouse of a permanent resident. This is the petition to apply, filed by the U.S. resident spouse at the USCIS service center servicing their state. This application includes information about the spouse, their immigration background and the marriage. It is submitted with biographical data on the form G-325A and supporting evidence, such as marriage certificates, photos, evidence of visits and financial documents. Once this petition is granted and an A number assigned the spouse may then apply for the visa.

Applying

The approved I-130 petition is forwarded on to the U.S. Consulate or Embassy abroad. This signals the u.S. Embassy to send on an application packet to the spouse living abroad. The spouse fills out the DS-156 application and gathers further supporting evidence, such as the I-864 Affidavit of Support showing that the spouse can support the foreign citizen and any dependents. Once the information is obtained, the interview is scheduled.

Interview

At the visa interview, the intending immigrant turns over all documentation to a consular officer for review. They will be asked questions about her relationship to the petitioner and their plans in the U.S. If the answers and documentation satisfy the consular officer, a visa to enter the U.S. is issued and a green card follows.

References

• USCIS: Bringing Spouses to Live in the United States as Permanent Residents
• USCIS: How Do I Help My Relative Become a Permanent Resident? (Guide for Permanent Residents)

Resources

• USCIS Form I-130: Petition for Alien Relative