It is possible to bring your husband or wife to the United States to live and be a green card holder, but in order to do, so you must be either a permanent resident or a US citizen. Stated below is the process of sponsoring a foreign spouse based on United States Citizenship and Immigration Services.
The process for foreign spouse sponsorship differs depending on the status of the petitioner and the location from which he is applying. A US citizen applying from inside the US must file Form I-30 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or to Adjust Status) simultaneously. A US citizen applying from outside the US will just need to submit the Form I-130 and once it is approved, it will be directed for consular processing and it is either the consulate or the embassy who will provide notifications and information regarding the process.
For a green card holder applying within the US, a Form I-30 should be completed. Once a visa number is available, a Form I-485 is required for the status to be changed to permanent residency. It must be noted that the spouse should have maintained a lawful status throughout her stay before the adjustment of status be allowed. The outside of the US application for green card holder’s spouse is the same in which a Form I-30 should be filled out and submitted for consular processing.
For the process to be completed, here are the documents that need to be submitted. Aside from the Form I-130, two completed and signed G-325A forms along with a copy of your civil marriage certificate. Passport style photos of you and your spouse should be submitted as well. An evidence of any legal name changes must be presented as well.
A US citizen must present a proof of citizenship, like the valid US passport, the US birth certificate, the consular report of birth abroad, the naturalization certificate or the certificate of citizenship. A green card holder must present a copy of the green card or a copy of the foreign passport which has the stamp that shows temporary evidence of their permanent residency.
Conditional Residence And The Conditions For Removal
If the couple has been married for less than 2 years when the spouse has been given the permanent residency status, he/she will receive a permanent residence on a conditional basis. In order to remove the conditions, a Form I-751 (Petition to Remove the Conditions of Residence) should be completed 90 days before the conditional resident card expires. If the petition is not filed within this period, the resident status of the spouse will be terminated and he/she must get out of the US.
These are the information about the application for a permanent resident of a foreign spouse. For more details and to download the forms that need to be accomplished, you can visit the official website of the United States Citizenship and Immigration Services.