Application Procedures:
Bringing My Spouse to Live in the U.S.
You may be eligible for one of
the three application procedures outlined below (click on the
appropriate item):
- You
are a U.S. citizen or legal permanent resident applying to bring
your spouse to the United States to live.
- Your U.S. citizen parent, or your U.S. citizen
brother or sister, is applying to bring you to the United
States to live. You would like to bring your spouse to
live in the United States with you.
- You
were married before you became a legal permanent resident, and
your spouse did not physically accompany you to the United States.
You would now like your spouse to join you in the United States.
(Your spouse may be eligible for following-to-join benefits.)
- You are a U.S. citizen or legal permanent resident applying
to bring your spouse to the United States to live:
As a U.S. citizen or legal permanent resident, you must
file the following items with the U.S. Citizenship and Immigration Services:
-
-
Your birth
certificate (copy), or your Certificate of Naturalization
or Citizenship if you were not born in the United States
-
Your Permanent
Resident Card (Green
Card) if you are
a legal permanent resident
-
-
One color
photo of you and one of your spouse taken within 30 days
of filing (please see Form I-130 for more instructions on
photos)
-
A copy of
your marriage certificate
-
A copy of
any divorce decrees, death certificates, or annulment decrees
if you or your spouse have been previously married
At the
same time, your spouse also must follow certain application
procedures:
If you are a U.S. citizen
and your foreign national spouse is currently inside
the borders of the United States, the spouse may file the following
materials with the U.S. Citizenship and Immigration Services. These
application items can be submitted at the same time as your
Form I-130, Petition for an Alien Relative:
-
-
-
-
Two color
photos taken within 30 days (Please see Form I-485 for more
instructions on photos.)
-
-
-
-
Copy of your
spouse's birth certificate
-
Please
note that there are certain eligibility requirements for using
Form I-485.
In
all other cases:
The
USCIS will notify you when your I-130, Petition for Alien
Relative is approved or denied. If it is approved, your spouse
will be notified by the State Department when an immigrant
visa number is available.
If your spouse is outside the country, your spouse must then
go to the local
U.S. consulate for
processing. If your spouse is legally inside the United States
when a visa number becomes available, your spouse should apply
to adjust
to Permanent Resident Status.
- Your U.S. citizen parent, or your U.S. citizen brother or sister,
is applying to bring you to the United States to live.
You would like to bring your spouse to live in the United
States with you.
If your U.S. citizen parent
is applying for permanent residence status for you on Form
I-130, Petition for Alien Relative, and you are a married
child of any age, your spouse and children do not
require a separate visa petition. Your spouse and children
will be included in the visa petition your parent is filing
for you. For more information on what you parent needs to
do, please see Bringing
My Children to Live in the U.S.
If your U.S. citizen brother
or sister is applying for permanent residence status
for you on Form I-130, your spouse and children do
not require a separate visa petition. Your spouse can be
included in the visa petition your brother or sister is
filing for you. For more information on what your brother
or sister needs to do, please see Bringing
My Brother or Sister to Live in the U.S.
Your parent, or brother or
sister, will be notified by the USCIS when their Form I-130,
Petition for Alien Relative is approved or denied. If it
is approved, you and your spouse will be notified by the
State Department when an immigrant
visa number is available.
If you are outside the country, you then must go to the
local
U.S. consulate for processing.
If you are legally inside the United States when a visa
number becomes available, you should apply to adjust
to permanent resident status.
- You were married before you became a legal permanent resident,
and your spouse did not physically accompany you to the United
States. You would now like your spouse to join you in the United
States.
If
you were married before you became a legal permanent resident,
your spouse may be eligible for following-to-join benefits.
This means that you would not have to submit a separate Form I-130
(Petition for Alien Relative) for your spouse, and your spouse
would not have to wait any extra time for an immigrant
visa number to become available.
In this case, you can simply notify a
U.S. consulate that your
status has been adjusted to legal permanent resident so that your
spouse can apply for an immigrant visa. Your spouse may
be eligible for following-to-join benefits in the following cases
if your relationship still exists:
- You received a diversity immigrant
visa
- You received an employment immigrant
visa
- You received an immigrant visa
based on your relationship with your brother or sister
- You received
an immigrant visa based on your relationship with your parents
when you were already married
If you fall into these categories,
submit the following information to the U.S. Citizenship and Immigration Services (USCIS):
-
-
A copy of
the original application or petition that was used to apply
for your immigrant status
- A copy of the I-797 Notice of
Action for your original application or petition
If the I-824 is
approved, USCIS will notify a U.S. consulate that your status
has been adjusted to that of a lawful permanent resident so
that your spouse can apply for an immigrant visa. You must
then ask your spouse to report to the local U.S. consulate
to complete the processing.
The information
provided in this website is not legal advice and should not
be interpreted as legal advice. This website is intended to
provide a basic understanding of this information in summary
form. This information may not be comprehensive, is subject
to change, and may not apply to all individual circumstances.
Any information received here should be confirmed with the
appropriate government agencies or with an attorney, particularly
as it relates to your individual circumstances. Your use of
this website indicates your agreement to be bound by our Terms of Use.
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