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Maimone Legal

Family Immigration

Spouse Immigration
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Spouse Immigration-

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U.S. immigration law allows U.S. citizens and lawful permanent residents (green card holders) to sponsor their foreign-born spouses for permanent residency (green cards). This process is one of the most common and fastest family-based immigration paths.

 Key Points:

  • U.S. citizens face no cap or quota

  • Green card holders face longer wait times due to annual caps

  • Proof of a real, bona fide marriage is essential (photos, joint accounts, etc.)

  • Work and travel permits can be applied for during the process (inside U.S.)

Maimone Legal

Everything you need to know about Spouse Immigration to the United States

1. U.S. Citizens

  • Can sponsor a foreign spouse for a green card

  • Considered an "immediate relative" — no wait time for a visa number

  • Typically the fastest and most straightforward path

2. Green Card Holders (Permanent Residents)

  • Can also sponsor their spouse

  • Falls under the F2A category — subject to visa bulletin wait times

  • Processing times are longer than for U.S. citizen sponsors

If the spouse is inside the U.S. (Adjustment of Status):

  1. File Form I-130 (Petition for Alien Relative)

  2. File Form I-485 (Application to Adjust Status) — can often be filed together

  3. Attend a biometrics appointment

  4. Attend a marriage-based interview

  5. Receive a conditional or permanent green card

If the spouse is outside the U.S. (Consular Processing):

  1. File Form I-130

  2. Wait for USCIS to approve and forward the case to the National Visa Center (NVC)

  3. Complete DS-260 visa application

  4. Attend a U.S. embassy interview

  5. Enter the U.S. with an immigrant visa and receive green card

  • If the marriage is less than 2 years old at the time of approval

  • The green card is conditional and valid for 2 years

  • Must file Form I-751 to remove conditions and get a 10-year green card

  • K-1 (Fiancé(e)) Visa: For couples who aren’t married yet but plan to marry in the U.S.
  • CR-1/IR-1 Spousal Visa: For couples already legally married