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Lawyers serving individuals throughout the Twin Cities Metro Area, including:

BringingSpouses to Live in the United States as Permanent Residents - Green Card

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Eligibility
In order to bring your spouse (husband or wife) to live in the United States as a permanent resident (green card holder), you must be either a U.S. citizen or permanent resident.
How to Bring your Spouse to the United States


You are a:

Your spouse is:

How to Apply

U.S. citizen

Inside the United States (through lawfuladmission or parole)

File Petition for Alien Relative and Application toRegister Permanent Residence or to Adjust Status.  However, you shouldconsult with an attorney to make sure that your spouse is eligible to adjuststatus from within the U.S. An improperly filed application will result in deportation proceedings.

Outside the United States

File Petition for Alien Relative and wait to processthrough consulate abroad.

Permanent resident

Inside the United States (through lawfuladmission or parole)

File Petition for Alien Relative.  Since there is awaiting list for spouses of permanent residents, your spouse will not beeligible to file for a green card for a number of years.  You shouldconsult with an immigration attorney.

Outside the United States

File Petition for Alien Relative.  Since there is awaiting list for spouses of permanent residents, your spouse will not beeligible to receive a visa for a number of years.  You shouldconsult with an immigration attorney.

Conditional Residence and Removing Conditions

If you have been married less than 2 years when your spouse is granted permanent resident status, your spouse will receive permanent resident status on a conditional basis. To remove the conditions on residence, you and your spouse must apply together using the Petition to Remove the Conditions of Residence.

You must apply to remove conditional status within the 90-day period before the expiration date on the conditional resident card. If you fail to file during this time, your spouse’s resident status will be terminated and he or she may be subject to removal from the United States.

Can My Spouse Come to the United States to Live While the Visa Petition Is Pending?

If you are a U.S. citizen, once you file the petition, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. Note that you are not required to file for a K-3.  Your spouse may wait abroad for immigrant visa processing, which may be easier than using the K-3 visa.  Ask an immigration attorney about the option that works best for you.

My Petition was Denied: Can I Appeal?

If the visa petition you filed is denied, the denial letter will tell you how to appeal and when you must file the appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals (BIA). 

Following-to-Join Benefits 

This section is for beneficiaries who became permanent residents through a preference classification (not immediate relatives).

If you had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate petition for your children. In addition, your children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your children can apply for an immigrant visa.

Your children may be eligible for following-to-join benefits if: 

  • The relationship existed at the time you became a permanent resident and still exists, AND
  • You received an immigrant visa or adjusted status in a preference category.

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