How to Bring a Spouse to the United States

Bringing a Spouse to the United States is an important and life-changing process for many individuals. Whether you are a U.S. citizen or a lawful permanent resident, understanding the steps and requirements involved is crucial. In this article, we will walk you through the process of how you can bring a spouse to the United States.

Summary: To bring a spouse to the United States, you will need to complete Form I-130, Petition for Alien Relative and pass the eligibility requirements, which include providing proof that your marriage was entered into for the right reasons.

Understanding the Spousal Visa Options

When it comes to bringing a spouse to the United States, there are two primary visa options available: the CR-1 (Conditional Resident) visa and the IR-1 (Immediate Relative) visa. These visas are specifically designed for spouses of U.S. citizens and lawful permanent residents. Understanding the differences between these visa types is essential as it determines the path you’ll take to reunite with your spouse.

What is the difference between a Conditional Resident (CR) Visa and an Immediate Relative (IR) Visa?

The difference between a conditional resident (CR) visa and an immediate relative (IR) visa is that a CR visa is given to a spouse who has been married to a U.S. citizen for less than two years at the time of getting the visa. This conditional status is designed to ensure that the marriage is real and authentic. To remove the conditions and obtain status as a permanent resident, the couple must jointly file a petition within 90 days before the two-year period expires. On the other hand, an IR Visa is granted to spouses who have been married to U.S. citizens for more than two years at the time of applying. The IR Visa provides immediate and unconditional permanent resident status to the foreign spouse, without the need to go through the process of removing conditions.

Eligibility Requirements to Bring a Spouse to the United States

Before you begin the application process to bring a spouse to the United States, it is important to ensure that you meet the eligibility requirements. Both the petitioner (the U.S. citizen or lawful permanent resident) and the foreign spouse must fulfill specific criteria set by the U.S. immigration authorities. These requirements include, for example, proving that the marriage happened lawfully according to where the marriage took place and that the marriage was not entered into to circumvent the immigration process. In other words, you did not get married solely for the green card.

You will not be eligible to bring your spouse to the United States if you and your spouse were not both physically present at your wedding ceremony, unless the marriage was consummated. This is also mentioned in the instructions to Form I-130.

Initiating the Application Process to Bring a Spouse to the United States

The process of bringing a spouse to the United States starts with the filing of the appropriate visa petition. The petitioner must file Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). This form establishes the relationship between the petitioner and the foreign spouse.

Navigating the Immigrant Visa Process

Once the Form I-130 is approved, the foreign spouse will need to go through the immigrant visa process. This involves submitting additional documentation, attending an interview at the U.S. embassy or consulate in their home country, and undergoing medical examinations. The U.S. Department of State plays a crucial role in this phase, and it is essential to follow their instructions and requirements carefully.

Adjustment of Status (If Already in the U.S.)

If the foreign spouse is already in the United States on a different nonimmigrant visa, they may be eligible to adjust their status to that of a lawful permanent resident. This process, known as Adjustment of Status, involves filing Form I-485 with the USCIS. Meeting the eligibility criteria and providing the necessary supporting documentation are essential for a successful adjustment of status application.

Final Steps and Expectations

After completing the required steps and obtaining the immigrant visa or adjusting status, the foreign spouse can officially enter or remain in the United States as a lawful permanent resident. Again, it is important to note that the foreign spouse will receive a conditional permanent resident status if they have been married for less than two years.

Conclusion

Bringing a spouse to the United States requires careful planning, adherence to immigration regulations, and a thorough understanding of the process. By following this guide and ensuring that all requirements are met, you can navigate the path of reunification with your spouse successfully. Remember to consult with an immigration attorney or seek professional advice if you have specific questions or concerns. The journey may have its challenges, but the joy of being together with your loved one in the United States makes it all worthwhile.

Find the Law

You can find the law on conditional permanent resident status at 8 U.S.C. § 1186a.