How do I Get my Spouse a Green Card?
A green card is an authorization issued to immigrants, to live and work permanently in the U.S. The process of applying for a green card for a spouse depends on whether the applicant (the foreign-national spouse) currently lives inside or outside the U.S. and whether the U.S. spouse is a citizen or a permanent resident.
Steps to Get my Spouse a Green Card
1. The applicant (foreign-national spouse) and sponsor (U.S. spouse) file the appropriate forms based on the location of the applicant:
- If the applicant lives in the U.S. and the sponsor is a U.S. citizen:
- The applicant completes Form I-485, Application to Register Permanent Residence or Adjust Status.
- The U.S. citizen completes Form I-130, Petition for Alien Relative, on behalf of the applicant and submits Form I-485 and Form I-130 together to USCIS.
- If the applicant lives outside the U.S. and the sponsor is a U.S. citizen:
- The U.S. citizen files the completed Form I-130, on behalf of the applicant.
- The applicant waits for a decision from USCIS. If approved, the application will be sent for consular processing and the U.S. consulate or embassy will provide notification and instructions on what to do next.
- If the applicant lives in the U.S. and the sponsor is a U.S. permanent resident:
- The sponsor files Form I-130, on behalf of the applicant.
- The applicant waits for a visa number to become available.
- The applicant files Form I-485, to adjust status to permanent residency once a visa number becomes available.
- If the applicant lives outside the U.S. and the sponsor is a U.S. permanent resident:
- The sponsor files the Form I-130, on behalf of the applicant.
- The applicant waits for a decision from USCIS as well as for a visa number to become available. If approved and a visa is available, it will be sent for consular processing and the consulate or embassy will notify the applicant as well as provide instructions on how to process the application.
2. The applicant attends the visa interview.
The applicant will be notified of the date, place and time of the visa interview.
- If the applicant lives in the U.S.:
- The interview will take place at a USCIS office.
- The applicant must carry Form I-94, Arrival-Departure record, along with them to the interview.
- If the applicant lives outside of the U.S.:
- The interview will take place at a U.S. embassy or consulate.
- The consular officer will determine whether or not the applicant is eligible for a visa to travel to the U.S.
3. The applicant becomes a permanent resident and is mailed a green card.
- If the applicant lives in the U.S.:
- If their application is approved, they will be sent a two-year conditional green card through the mail. They will officially be a U.S. permanent resident.
- If the applicant lives outside of the U.S.:
- If their application is approved, an immigrant visa will be attached to their passport. Once in the U.S., they will receive a two-year, conditional green card through the mail. They will officially be a U.S. permanent resident.
