Suppose you are married to a person who is not a U.S. citizen. In that case, you are probably itching to help them become a permanent resident so that you can be together more permanently, with no fear of separation because of the visa expiration or citizenship requirements. The good news is that your spouse can become a permanent resident through you if they qualify as your spouse under the definition of the word and not just as someone who happens to be married to you.
If your spouse is currently in the U.S., there are some special considerations when bringing them as permanent residents because of their current status in this country. Suppose your spouse is not currently in the U.S. but is eligible for another type of USA Spouse Visa that would allow them to come here as a permanent resident. In that case, some different considerations and procedures need to be followed. In either case, you should consult an immigration lawyer before beginning the process – because it can be complex and involve numerous pieces of documentation, fees, and interviews with different parties involved. Here are some helpful tips on how to bring your spouse to the United States.
Requirements for Bringing Your Spouse to the United Residency for Your Sponsor
A critical aspect of bringing your spouse to the U.S. is that you (the sponsor) must demonstrate that you are financially able to provide for your spouse and any other dependents you may have. You must demonstrate this by showing that you have been approved for a certain type of visa that requires that you be able to support yourself and any other dependents you have. This visa is called an “Affidavit of Support” (Affidavit of Support is also known as an I-864.)
Your spouse and any other dependents will be listed on this Affidavit of Support as “beneficiaries.” The amount that you must demonstrate that you can support your spouse and any other dependents vary depending on the household size and income. You will also have to provide proof of your income to complete this Affidavit of Support.
Permanent Resident Requirements for Your Spouse
If your spouse is currently in the U.S., and if they are not a U.S. citizen, you will have to wait until you qualify for a visa that would allow you to come to the U.S. as a permanent resident. Your spouse must demonstrate that they have a qualifying relationship with you in order to be approved for a visa. Visit the U.S. Citizenship and Immigration Services (USCIS) “Affairs” section of its website to see the various visa classifications that might make your spouse eligible to come to the U.S. as a permanent resident.
Eligibility of Marriage-Based Visas for Permanent Resident Path
How to apply for a spouse visa?
If your spouse is currently in the U.S. on any type of visa other than the K-3 visa, and if your marriage is less than two years old, your spouse may qualify for one of the marriage-based visas for permanent residence. This means that your spouse must have a qualifying relationship with you, such as being your spouse or fiancé(e) (if engaged to be married). Your spouse must also prove that they are otherwise eligible for the visa, such as having a clean criminal record and not being a security risk to the U.S.
There are a few different types of marriage-based visas for permanent residence. Your spouse will have to qualify for one of the following to be able to apply for the visa. Your spouse must have a qualifying relationship with you. -K-1 visa (if you are currently engaged to be married and have not yet married) -K-3 visa (if you are currently married to your spouse).
Bringing Your Spouse to the U.S. as a Permanent Resident While They are Currently in the U.S. on a Different Visa
Suppose you want to bring your spouse as a permanent resident and they are currently in the U.S. on a different visa, such as an H-1B visa or an F-1 visa, and you have been married for less than two years. In that case, your spouse may be eligible for an Adjustment of Status (AOS) to become a permanent resident. This means that your spouse must have a qualifying relationship with you and must prove that they are otherwise eligible for the visa, such as having a clean criminal record and not being a security risk to the U.S. Your spouse will also have to wait until the appropriate time period after their current visa expires to apply for the AOS. You should visit the USCIS website to learn more about the AOS and how to proceed with the application.
Can My Spouse Come to the United States to Live While the Visa Petition Is Pending?
Yes. You have to file an I-129F form to be able to apply for a nonimmigrant visa. After you file an I-130 form, your spouse will qualify for applying for a nonimmigrant visa. They can live and work in the U.S. even as the visa petition is at a pending stage.
Conditional Residence and Removing Conditions
To remove conditional status, you (the green card holder) and your spouse needs to file Form I-751, Petition to Remove Conditions on Residence, in just 90 days of the permanent residence expiration – that is, prior to the 2nd anniversary of the time of issuance of the green card.
Conclusion
Bringing a spouse to the U.S. as a permanent resident can be a complex process, especially if your spouse is currently in the U.S. on a different type of visa. It would be best to wait until your spouse qualifies for a visa that allows them to come to the U.S. as a permanent resident. If your spouse is not currently in the U.S., you can bring them as a permanent resident by sponsoring the individual through the appropriate visa classification. Before beginning this process, consult with an immigration lawyer to understand the applicable rules and make sure your spouse is eligible for the visa classification you have chosen.
