Requirements

​If you are married to a non-citizen or lawful permanent resident, you can petition the U.S. government for your spouse’s permanent residency.

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1. Petitioner must be either a U.S. citizen or lawful permanent resident (LPR). 

2. ​Applicants must be legally married. 

3. Petitioner or third-party sponsor must demonstrate the ability to financially support the foreign spouse by meeting the federal poverty guidelines. If the sponsor’s income does not meet the threshold, a co-sponsor or proof of additional assets may be required.

4. The spouse seeking a visa must be eligible for an immigrant visa. 

5. The marriage must be bona fide, not entered into for the purpose of obtaining immigration benefits. Proving a bona fide marriage can sometimes be challenging, and an experienced attorney can help ensure that you meet all government requirements and avoid unnecessary delays.

Application Process 

​Step 1: File Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently if the spouse is married to a U.S. citizen. If the petitioner is a lawful permanent resident, Form I-485 can only be filed once the I-130 is approved, and a visa number becomes available. Supporting documents include proof of the marriage, evidence of the spouse’s lawful entry into the U.S., and proof that the marriage is bona fide.

Step 2: Include a sealed Form I-693 (Report of Medical Examination and Vaccination Record) with the initial filing. This form is completed by a USCIS-designated civil surgeon and confirms that the spouse meets the health requirements for permanent residency.

Step 3: The spouse may also apply for work authorization by submitting Form I-765 and advance parole (travel permission) through Form I-131 with the adjustment application. 

Step 4: After USCIS processes the forms, the spouse will receive a notice for a biometrics appointment. During this appointment, fingerprints, a photo, and a signature are collected for background checks.

Step 5: USCIS may schedule an interview at a local field office to assess the validity of the marriage. Both spouses must attend and bring original copies of supporting documents, such as joint financial records, photographs, and proof of living together. If the officer is satisfied, the green card is approved.

Step 6: If the marriage is less than two (2) years old at the time of approval, the spouse will receive a conditional green card valid for two years. To remove conditions, the couple must file Form I-751 within 90 days of the card’s expiration, providing continued evidence of a bona fide marriage.