What is the Process of Obtaining a Green Card for a Spouse?
Citizens and lawful permanent residents in the U.S. can petition for their spouse to obtain a green card. Our New York City immigration lawyer fully understands the process and can provide the best chance for success.
If you are an American citizen or a lawful permanent resident in the U.S., you can apply for a green card on your spouse’s behalf. Once they are a permanent lawful resident, they can then work and live in the United States, attend U.S. schools, travel freely inside and outside of the U.S., and eventually become a citizen. Our New York City immigration lawyer explains the green card process below.
Married to a Foreign National
Before any immigration paperwork is filed, you must be an American citizen or a lawful permanent resident who is married to a foreign national. The marriage must be valid, and the following must be true:
- The marriage must be legally recognized in the location where it took place
- The marriage must not be solely to obtain immigration benefits or for other fraudulent reasons
- The marriage cannot violate state or federal law
- The couple must have intended to make a life together at the time of marriage
File Form I-130
The first document submitted to the United States Citizenship and Immigration Services (USCIS) is Form I-130. You must also file any supporting evidence that confirms the marital requirements for a green card have been fulfilled.
The Interview
USCIS may investigate or interview you, particularly if there is concern that the marriage is not legitimate. During an interview, you should prepare to show that your marriage is valid using evidence such as photos and witness statements. You may face questions such as:
- Where did you meet your spouse?
- What is your spouse’s favorite food?
- How many siblings does your spouse have?
- What did you and your spouse do yesterday?
Applying for an Adjustment of Status or at a Consular Office
If your spouse currently lives in the United States and meets certain requirements, they can then apply for an adjustment of status if USCIS has approved their application. If your spouse is not in the U.S. or they otherwise do not fulfill the requirements for adjustment of status, they will need to apply for an immigrant visa at a U.S. consular office abroad.
Conditional Status and Removal of Condition
If your spouse becomes a lawful permanent resident within two years of your marriage, they are considered a conditional permanent resident for two years. If you have been married for two years or longer, your spouse can become an unconditional permanent resident. After two years, if the marriage is still considered legitimate and you have had the marriage annulled, you can file a petition to have the conditional status removed.
Our Immigration Lawyer in New York City Can Help You Through the Process
Obtaining a green card for your spouse is possible, but it can also become complex. At Nunez Law, our New York City immigration lawyer can advise you of the requirements, help you through the process, and ensure no mistakes are made so you and your family obtain the best possible outcome. Call us now at 917-708-1072 or contact us online to speak with our attorney and to get the legal help you need.