How to Apply for a USA Green Card for Your Spouse

Introduction

If you’re lawfully present in the United States as a green card holder and want to bring your spouse to live with you permanently, understanding the application process is important. Although U.S. citizens and green card holders may file petitions, the regulations, waiting times, and availability of visas differ greatly.

This guide will explain precisely how a green card holder can petition a spouse, including timelines, eligibility criteria, the forms that need to be filled out, and what happens at each step. If you’re married to a green card holder or plan to marry a green card holder, keep reading to understand your options.

Can a Green Card Holder Sponsor a Spouse?

Yes, a green card holder can petition a spouse, but, unlike a U.S. citizen, lawful permanent residents (LPRs) have to wait until a visa number becomes available after submitting Form I-130.

This is the process regardless of whether you’re already married to a green card holder or planning to file soon. It’s important to know that spouses of citizens are immediate relatives and do not have to worry about visa caps. Green card holders filing for a spouse qualifying under the F2A visa category are subject to annual quotas and waiting times.

Who Is Eligible?

To petition your wife or husband, the sponsor must have a legal permanent residence status and hold a legitimate green card. The sponsor must prove the marriage is authentic and not created to enter the country of residence for the spouse in this country.

So, can a green card holder sponsor a spouse? Yes — if the following conditions are met:

• You are a lawful permanent U.S. resident.
• You are married lawfully to a foreign national.
• The marriage can be shown through strong evidence that it is real.
• You meet the minimum income required to be able to support your spouse.

It’s also important to mention that a green card holder cannot petition for a fiancé. Only U.S. citizens can apply for a K-1 fiancé visa.

Filing Form I-130: The First Step

The primary sponsorship form for your spouse is Form I-130, Petition for Alien Relative. You file this form as a green card holder to establish a qualifying relationship.

You will need to submit the following when you file this petition:

• Documentation of your status as a lawful permanent resident
• Your marriage certificate
• Proof that your marriage is valid (e.g., joint leases, bank accounts, photos)
• A completed Form I-130A for the spouse

Once petitioned, USCIS will issue a receipt notice and start processing. This is a mandatory initial step in all green card holder spouse cases.

What Happens After I-130 is Approved?

Once Form I-130 is approved, your case will be forwarded to the National Visa Center (NVC) for processing, but only after a visa number is available in the F2A category. Waiting time depends on and is determined by the Department of State’s monthly Visa Bulletin.

If the spouse is residing overseas, they will go through Consular Processing. If already within the U.S. on an approved visa, they may have the ability to apply for Adjustment of Status (Form I-485), depending on whether or not their priority date is current.

Keep in mind that simply because you submitted an I-130 does not necessarily mean your spouse can remain or work in the U.S. right away. That is why it is important to monitor your position in the visa queue upon submission.

Adjustment of Status or Consular Processing?

Whether your spouse adjusts status or processes at a consulate is based on where they are located and visa availability.

1. If your spouse is within the U.S. and the F2A category is available, you can file Form I-485 after I-130 approval. However, if their visa has already expired or they entered without being inspected, the request could be rejected. That is why so many ask, can a resident fix a spouse’s papers? The answer: only if the entry and current immigration status of the spouse permits it.
2. If your spouse is outside the U.S., once the I-130 is accepted and the priority date is current, they will go through consular processing from the U.S. Embassy or Consulate of their country of residence. This process requires Form DS-260 and a face-to-face interview.

Both these processes will also ask for other documents such as police clearances, medical examinations, and civil documents.

Can Green Card Holders Apply for a Spouse While Abroad?

Yes, even if the green card holder applies for a spouse who is residing abroad temporarily, they can initiate the process. However, the sponsor has to establish the intent to return and stay in the U.S. permanently.

The most important factor is residency in the U.S. If you intend to petition your husband for a green card or your wife of green card holder is overseas, the sponsor has to show that they will reside in the U.S. by the time the spouse immigrates.

Financial Requirements: Can You Afford to Sponsor?

Perhaps the most forgotten part of the process is the Affidavit of Support (Form I-864). As a green card sponsor spouse, the sponsor will need to demonstrate they qualify at the required income set by law, generally 125% of the Federal Poverty Guidelines for your family size.

If you are not earning enough, you might need a joint sponsor. This financial obligation is legally binding and continues until your spouse is a U.S. citizen or has worked 40 quarters.

Documents Required for Spouse Green Card (Marriage-Based)

After determining that you, a green card holder, can file for a spouse, the second thing you need to do is get the correct documents. Incomplete or missing documents are the primary reason for postponements.  That’s why in this section we list everything you’ll need.

For the Sponsor (Green Card Holder):

• Copy of green card (both sides)
• Copy of passport biographic page
• Document showing a permanent U.S. address or the intention to live in the U.S.
• Pay stubs, tax returns, or proof of income (for Affidavit of Support)
• Legal proof of previous marriages ending (if applicable)

For the Spouse (Beneficiary):

• Current passport
• Birth certificate
• Certificate of marriage (translated if not in English)
• Police clearance certificate (if abroad)
• Photos according to USCIS requirements
• Immigration papers (if already in the U.S.)

Proof of Genuine Marriage:

• Joint home ownership or living lease
• Joint bank accounts
• Joint tax papers (if applicable)
• Wedding and daily life photos
• Travel tickets, conversations, and letters

This reporting is crucial in order for USCIS to determine the relationship is authentic, not fraudulent.

Need Help Navigating This Immigration Journey

If your case involves complications or you’re unsure how to proceed. Visit Passage Law and speak with our licensed immigration attorney for expert legal guidance.

Book your consultation today.

Disclaimer: The information in this article is for general information only and does not imply legal advice. Do not rely on any of this material before seeking the counsel of a competent attorney. If you need legal aid, please call us to advise on your case with a lawyer. We are not accountable for any choices or actions you make based on the information discussed here. There are specific facts and circumstances unique to each case, and outcomes may vary accordingly.