A Step-by-Step Guide for Foreign Spouses Living in the U.S. or Abroad

Getting a green card grants you the right to live and work in the U.S. indefinitely, but it also comes with responsibilities, especially when it comes to marriage and sponsoring a foreign spouse.

If you are a lawful permanent resident (LPR) and wish to marry someone who is not a U.S. citizen, you are legally allowed to do so. However, bringing your spouse to the U.S. and securing their legal residency can be a complex and time-consuming green card application process.

What It Means to Be a Green Card Holder

A green card holder (LPR) enjoys several key benefits:

  • Live and work permanently in the U.S.
  • Travel internationally with some restrictions.
  • Apply for U.S. citizenship after meeting eligibility requirements.
  • Sponsor certain family members for green cards.

Green card holders are free to marry non-U.S. citizens, whether they are residing abroad or inside the U.S. However, marriage alone does not grant immigration benefits. Your spouse will need to go through the proper legal process to obtain a green card. Understanding the intricacies of immigration law is crucial for green card holders, especially when sponsoring a spouse. It is also important to maintain a valid immigration status to avoid any legal complications.

Key Factors to Consider:

  • Your spouse’s immigration status (whether they are inside or outside the U.S.).
  • Processing time for family-sponsored visas (which can take years for LPRs).
  • Financial sponsorship requirements (you must meet income thresholds).
  • Marriage validity (it must be legally recognized in the jurisdiction where it was performed).

Compared to U.S. citizens, LPRs face longer waiting periods and stricter requirements when sponsoring a spouse for immigration.

If you are a U.S. Green Card holder, you can petition to bring your spouse to live permanently in the United States. The process varies depending on whether your spouse is currently inside or outside the U.S. and will require an immigrant visa.

Considerations When Marrying a Green Card Holder

  • Visa Waiting Period: Spouses of green card holders fall under the Family Second Preference (F2A) category, which has annual limits. This can lead to waiting periods ranging from months to several years, depending on demand and country of origin.
  • Consular Processing Requirement: Typically, you’ll need to undergo consular processing, which involves attending a visa interview at a U.S. embassy or consulate in your home country. Overstaying a visa in the U.S. can lead to inadmissibility bars, making this process more complex.
  • Permanent Residence Without Conditions: Due to potential waiting periods, by the time you’re granted a green card, your marriage may be over two years old, allowing you to receive a permanent green card and permanent residence without the conditional two-year period.

Benefits of Marrying a U.S. Citizen

  • Immediate Visa Availability: Spouses of U.S. citizens are classified as immediate relatives, meaning there are no numerical limits on visas. This results in a faster path to obtaining a green card.
  • Adjustment of Status: If you entered the U.S. legally, you can apply for adjustment of status without leaving the country, even if your visa has expired. This process involves filing Form I-485 alongside Form I-130.
  • Shorter Citizenship Timeline: After obtaining a green card, you’re eligible to apply for U.S. citizenship after three years, provided you remain married to and live with your U.S. citizen spouse during this period.

Key Differences Between Marrying a U.S. Citizen and a Green Card Holder

AspectMarrying a U.S. CitizenMarrying a Green Card Holder
Visa AvailabilityImmediate; no annual limits.Subject to annual caps; potential waiting periods.
Adjustment of StatusEligible if entered the U.S. legally; can apply without leaving the U.S.Generally requires consular processing; may need to leave the U.S. for visa interview.
Conditional ResidenceIf married less than two years at green card approval, receive conditional residence; must apply to remove conditions after two years.If waiting period exceeds two years, may receive permanent residence directly, avoiding conditional status.
Path to CitizenshipEligible to apply for citizenship after three years of permanent residence, given continuous marital union.Eligible to apply for citizenship after five years of permanent residence.

Steps to Get Married and Sponsor Your Spouse

1. Ensure Your Marriage is Legally Recognized

  • Marriages performed abroad must comply with that country’s laws.
  • If marrying in the U.S., check state-specific marriage requirements.
  • Obtain a certified marriage certificate as proof.

File an Immigrant Petition (Form I-130)

  • Submit Form I-130 (Petition for Alien Relative) to U.S. Citizenship and Immigration Services (USCIS) as part of the process to obtain a marriage green card.
  • Pay the applicable filing fee (check the USCIS Fee Schedule).
  • Provide supporting documents, including:
  • Marriage certificate
  • Proof of lawful permanent residency (green card)
  • Joint financial documents, photos, and communication records to prove a bona fide marriage.

3. Wait for Visa Availability

  • Unlike U.S. citizens, green card holders face waiting periods due to visa caps.
  • Check the Visa Bulletin for updated processing times.
  • Depending on your spouse’s country of origin, wait times can range from several months to multiple years.

4. Choose the Right Immigration Path

Option 1: Consular Processing (For Spouses Abroad)

  • Once the I-130 is approved and a visa becomes available, your spouse applies for an immigrant visa at a U.S. embassy or consulate.
  • If approved, they enter the U.S. as a permanent resident.

Option 2: Adjustment of Status (For Spouses in the U.S.)

  • If your spouse is legally in the U.S. on a visa (e.g., student or work visa), they may apply for a green card through Form I-485 (Application to Adjust Status).
  • Unauthorized stay or visa overstays may require additional waivers.

Married to a Green Card Holder and Living in the United States

Understanding the Basics

If you’re married to a U.S. permanent resident (green card holder) and both of you reside in the United States, you may be eligible to apply for marriage green cards. This process involves multiple steps, including petitioning for your eligibility, waiting for visa availability, and adjusting your status to become a lawful permanent resident.

Who is Eligible for Adjustment of Status?

To apply To apply for a green card as the spouse of a permanent resident, you must:

  • Be lawfully present in the U.S. (e.g., entered on a B-1/B-2, F-1, H-1B, TN, or J-1 visa).
  • Have no prior immigration violations, such as visa overstays or unauthorized employment. If you do, you may need to file Form I-601 (Waiver of Grounds of Inadmissibility).
  • Have a “current” priority date under the F2A visa category. (Check the Visa Bulletin for updates.)
  • File Form I-130 (Petition for Alien Relative) as early as possible to secure an earlier priority date.
  • Maintain lawful nonimmigrant status while waiting for your priority date to become current.
  • Be aware of the 90-Day Rule, which can impact your eligibility to adjust status if you entered the U.S. on a temporary visa.
  • You must maintain a valid nonimmigrant status while waiting for your priority date to become current.

Step 1: Filing the Petition (Form I-130)

Purpose: To establish a valid marital relationship between you (the beneficiary) and your U.S. permanent resident spouse (the petitioner).

Actions:

  • Complete Form I-130: The U.S. permanent resident spouse must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS).
  • Gather Supporting Documents: Include evidence such as marriage certificates, joint financial records, and photographs to prove the legitimacy of your marriage.
  • The priority date assigned will determine when you can move to the next step.
  • Filing Form I-130 alone does not authorize you to stay in the U.S. or work.
  • You can check current priority dates in the Visa Bulletin
  •  To track your petition’s status, visit the USCIS Case Status page and enter your receipt number.

Fees: As of February 2025, the filing fee for Form I-130 is $675 for paper submissions and $625 for online filings.

Processing Time: The average processing time for Form I-130 is approximately 2 to 3 years.

Step 2: Waiting for Priority Date to Become Current

  • The F2A family preference category for spouses of green card holders is subject to annual visa limits.
  • You cannot file Form I-485 (Adjustment of Status) until your priority date is current.

Understanding the Visa Bulletin:

Unlike spouses of U.S. citizens, spouses of green card holders are subject to annual visa limits. The U.S. Department of State’s Visa Bulletin indicates when a visa number becomes available based on your priority date (the date USCIS received your Form I-130).

Actions:

  • Monitor the Visa Bulletin: Regularly check the Visa Bulletin to determine when your priority date becomes current.
  • Maintain Lawful Status: It’s crucial to keep a valid immigration status while waiting. Overstaying a visa can lead to complications.

Estimated Waiting Period: As of now, the waiting time for visa availability in the F2A category (spouses and unmarried children under 21 of green card holders) is approximately 35 months after I-130 approval.

Step 3: Applying for Adjustment of Status (Form I-485)

Purpose: To apply for lawful permanent resident status without leaving the United States.

Eligibility: Once your priority date is current, you can file:

  • Form I-485 – Green card application
  • Form I-864 – Affidavit of Support
  • Form I-765 – Employment Authorization Document (EAD)
  • Form I-131 – Advance Parole (to travel while your green card is pending)
  • Ensure you comply with the 90-Day Rule before filing Form I-485.

Actions:

  • Complete Form I-485: Ensure all sections are accurately filled out.
  • Gather Supporting Documents: These may include proof of lawful entry, evidence of your relationship, and financial documents.
  • Medical Examination: Undergo a medical exam by a USCIS-approved physician and include Form I-693, Report of Medical Examination and Vaccination Record.

Fees: The filing fee for Form I-485 is $1,440.

Processing Time: The average processing time for Form I-485 is approximately 9.3 months.

Step 4: Attending the Biometrics Appointment

Purpose: To collect your fingerprints, photograph, and signature for background checks.

Actions:

  • Appointment Notice: After filing Form I-485, USCIS will send you a notice with the date, time, and location of your biometrics appointment.
  • Attend Appointment: Bring the appointment notice and a valid photo ID.

Note: Rescheduling can delay your application, so it’s best to attend as scheduled.

Step 5: The Green Card Interview

Purpose: The green card interview aims to assess the authenticity of your marriage and verify the information in your application.

Actions:

  • Interview Notice: USCIS will notify you of the interview date, time, and location.
  • Prepare Documentation: Bring originals of all documents submitted with your application, plus any updated evidence of your relationship.
  • Attend Interview: Both spouses must attend. Be prepared to answer questions about your relationship and daily life.
  • Possible outcomes:
  • Approval: You will receive your green card.
  • Request for Evidence (RFE): Additional documentation is needed.
  • Denial: You may need to appeal or reapply.

Tip: Review common interview questions and consider conducting a mock interview to prepare.

Preparing for the Green Card Interview

The interview is a crucial step to prove that your marriage is legitimate and not solely for immigration benefits.

What to Expect:

  • Questions about your relationship, wedding, and future plans.
  • Requests for documents proving cohabitation, joint finances, or shared assets.
  • Possible separate interviews if fraud is suspected.

Tips for Success:

  • Review your submitted documents beforehand.
  • Stay consistent in your answers.
  • Bring original copies of required documents.
  • Seek legal assistance if needed.

Potential Challenges and Delays

Common Obstacles:

  • Long wait times: Visa backlogs can delay reunification.
  • Maintaining valid immigration status: If your spouse is in the U.S. on a temporary visa, they must comply with all regulations.
  • Marriage fraud concerns: Providing insufficient evidence can result in delays or denials.

How to Avoid Issues:

  • Track your case progress through USCIS Case Status.
  • Maintain thorough documentation of your relationship.
  • Consult an immigration attorney for guidance.

Step 6: Receiving Your Green Card

Approval: If the interview is successful, USCIS will approve your Form I-485.

Conditional Residency: If you’ve been married for less than two years at the time of approval, you’ll receive a conditional green card valid for two years.

Step 7: Removing Conditions (If Applicable)

  • If your green card is approved before your second wedding anniversary, it will be a conditional green card valid for two years.
  • To remove conditions, you must file Form I-751 before expiration.
  • If your green card is approved after your second anniversary, you will receive a 10-year permanent green card.

 Special Cases and Considerations

Undocumented Spouses

If you entered the U.S. unlawfully, you cannot adjust your status within the U.S. Instead, you must:

F-1 Visa Holders Married to a Green Card Holder

  • You must maintain valid F-1 status while waiting for your priority date.
  • The 90-Day Rule applies each time you re-enter the U.S.

J-1 Visa Holders Married to a Green Card Holder

  • If subject to the two-year home residency rule, you must either fulfill this requirement or obtain a waiver (Form I-612).

Applying for U.S. Citizenship

  • A green card holder can apply for U.S. citizenship after 4 years and 9 months.
  • Becoming a U.S. citizen eliminates priority date wait times for spouses applying for a green card.

Comparing Marriage to a Green Card Holder vs. a U.S. Citizen

CriteriaMarried to Green Card HolderMarried to U.S. Citizen
Wait for Priority Date?YesNo
Work Permit (EAD) EligibilityOnly after priority date is currentImmediately upon filing I-485
Visa Overstay & Unauthorized WorkNot forgivenForgiven
Processing Time18-36 months12-16 months
Can file I-130 & I-485 together?NoYes
Can work while waiting?No (must wait for priority date)Yes (can apply for work permit immediately)
Past immigration violationsMust apply for waiverNot penalized for overstay/unlawful employment

Married to a Green Card Holder and Living Abroad: Consular Processing

If you are a U.S. green card holder married to a foreign national residing outside the United States, this guide on immigration services is for you. We will walk you through each step of the consular processing pathway to obtain a marriage-based green card. This process ensures that your spouse can legally enter and live in the U.S. as a permanent resident.

  • Estimated Processing Time: 35 months (varies by country and USCIS workload)
  •  Estimated Cost: $1,540 (including government fees and medical exam)

Step 1: Sponsorship – Filing Form I-130

The first step in obtaining a green card for your spouse is filing Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS). The goal is to prove a valid, bona fide marriage.

Key Terminology:

  • Sponsor/Petitioner – The U.S. green card holder filing the petition.
  • Applicant/Beneficiary – The foreign spouse seeking a green card.

Required Documents & Fees:

  • Form I-130: $675 (including biometric fees)
  • Form I-130A: $0 (Supplementary form for beneficiary spouse)
  • Supporting Documents: Proof of marriage, identity, and financial sponsorship

What Happens Next?
Once USCIS receives the application, they send a receipt notice (within two weeks). If additional documents are required, they will send a Request for Evidence (RFE) within 2–3 months.

Resource: USCIS Form I-130

Step 2: The Waiting Period and Priority Dates

Once Form I-130 is approved, the case moves to the National Visa Center (NVC), which assigns a unique case number. However, before submitting the green card application, spouses of green card holders must wait until a visa is available in the F2A family category.

Visa Bulletin Updates

The April 2023 Visa Bulletin introduced a backlog in the F2A category, delaying application processing. To check visa availability:

Resource: How to Read the Visa Bulletin

Step 3: Green Card Application & Fees

Once a visa becomes available, the next step is filing the DS-260 (Immigrant Visa Application).

Steps to Complete:

  1. File DS-261 – Select an agent for correspondence (Processing Time: 3 Weeks)
  2. Pay Fees: $445 total ($325 application fee + $120 Affidavit of Support fee)
  3. File DS-260 – The main visa application (Requires NVC Case Number)
  4. Submit Supporting Documents – Upload/mailing options vary by consulate

Resource: CEAC Visa Portal

Step 4: Pre-Interview Requirements

Before the interview, the spouse must complete three key steps:

1. Medical Examination

  • Conducted by a State Department-approved doctor.
  • Average cost: $200 (varies by country).
  • The doctor provides a sealed medical report for the interview.

2. Passport Delivery Registration

  • The applicant must register a passport return address via the U.S. consulate’s website.

3. Biometrics (Fingerprinting Appointment)

  • Conducted at a visa application support center before the interview.

Resource: Find a U.S. Embassy

Step 5: The Green Card Interview

What to Expect?

  • Conducted at the U.S. consulate in the applicant’s country.
  • The U.S. spouse does not attend the interview.
  • The consular officer will ask personal and marriage-related questions to verify the relationship’s authenticity.

Possible Outcomes:

  • Approval: Visa stamped in passport (typically within 1–2 weeks).
  • Additional Review: More evidence requested (delays processing).
  • Denial: If fraud is suspected or eligibility criteria are not met.

Step 6: Entering the U.S. and Receiving the Green Card

After Approval:

  1. Pay the USCIS Immigrant Fee – $235 (required before green card is mailed).
  2. Enter the U.S. – The visa serves as a temporary green card (valid for 1 year).
  3. Receive the Green Card – Mailed within 2–3 weeks after arrival.

Conditional vs. Permanent Green Card:

  • CR1 (Conditional Resident) – If married less than 2 years at approval.
  • IR1 (Immediate Relative) – If married more than 2 years at approval.

Resource: USCIS Green Card Fee Payment

Can My Spouse Come to the U.S. While the I-130 Visa Petition Is Pending?

Bringing a spouse to the United States is a top priority for many couples navigating the immigration process. However, if you’ve already filed a visa petition (Form I-130) for your spouse, you might wonder whether they can travel to the U.S. while waiting for approval. The answer depends on immigration intent, and several other factors.

In some cases, your spouse may be able to travel to the U.S. while the petition is pending, but there are challenges. The U.S. immigration system distinguishes between “immigrant intent” and “nonimmigrant intent,” which impacts whether a visa will be granted.

1. Traveling on a Tourist Visa (B-1/B-2) or ESTA

A spouse can apply for a tourist visa (B-1/B-2) or travel under the Visa Waiver Program (VWP) through ESTA if they are from an eligible country. However, there are risks:

  • Demonstrating Nonimmigrant Intent: A tourist visa requires proof that the traveler intends to return to their home country after the visit. Because a pending I-130 petition shows clear immigrant intent, U.S. Customs and Border Protection (CBP) officers may deny entry if they suspect the spouse intends to stay permanently.
  • Risk of Visa Denial: If a consular officer believes the spouse will not return home, they may deny the tourist visa application.
  • Risk of Entry Denial: Even with a valid visa, CBP officers at the port of entry have the authority to refuse admission if they suspect an immigrant intent.

2. Using Other Nonimmigrant Visas (F-1, H-1B, L-1, etc.)

If the spouse already has another valid nonimmigrant visa (such as a student visa (F-1) or a work visa (H-1B, L-1, etc.)), they may be able to enter and remain in the U.S. while the I-130 is pending. However:

  • They must continue to meet the requirements of that visa.
  • Entering on a nonimmigrant visa with immigrant intent could lead to complications.

Alternative: Adjustment of Status vs. Consular Processing

  • If the spouse is already in the U.S. under a valid visa (such as F-1 or H-1B), they may be eligible to adjust status (Form I-485) without leaving the country.
  • If the spouse is outside the U.S., they will usually need to wait for consular processing to complete before entering with an immigrant visa.

Key Considerations and Risks

  1. Misrepresentation Risks: If a spouse enters the U.S. on a nonimmigrant visa with the hidden intent of staying permanently, it could be considered visa fraud, leading to serious consequences.
  2. Inspection at the Border: Even if a visa is granted, CBP officers at the airport or border crossing have the final say in allowing entry.
  3. Waiting for the Immigrant Visa: In many cases, it may be easier and less risky for the spouse to wait abroad until the green card is approved.

While it is possible for a spouse to visit the U.S. while their visa petition is pending, it requires careful planning and understanding of immigration laws.

The best approach depends on the spouse’s current visa status, intent, and ability to demonstrate a temporary stay. Consulting with an immigration attorney can help ensure a smooth process and avoid unnecessary risks.

Can a Green Card Holder Apply for U.S. Citizenship?

Becoming a U.S. citizen can provide benefits for your spouse’s immigration process:

  • Spouses of U.S. citizens can file concurrently for green cards.
  • There are no annual limits on visas for spouses of U.S. citizens.
  • Immigration violations (e.g., visa overstay) do not automatically disqualify applicants.

When can a green card holder apply for U.S. citizenship?

  • Generally, 4 years and 9 months after receiving a green card.
  • Some exceptions apply, including expedited paths for U.S. military service. Learn more: Naturalization Through Military Service.

Maintaining Your Green Card While Sponsoring a Spouse

To successfully sponsor a spouse, you must maintain your LPR status:

  • Renew your green card every 10 years.
  • Avoid prolonged absences from the U.S. (trips over 6 months may lead to residency issues).
  • Stay compliant with tax and residency laws.
  • Avoid legal trouble, as certain crimes can lead to deportation.

Exploring Alternative Visa Options

If the green card sponsorship route has lengthy delays, consider:

  • K-3 Visa (Spouse of a U.S. Citizen) – Requires naturalization before filing.
  • Employment-based visas – If your spouse qualifies for a work-related visa, it may expedite their U.S. entry.
  • Fiancé(e) Visa (K-1) (must be a US citizen) – If you are not yet married, a K-1 visa may be an option if you plan to marry within 90 days of their arrival.

What If My Petition Is Denied?

If your petition is denied, your denial letter will explain how to file an appeal. Typically, you must:

  • File an appeal using Form I-290B.
  • Pay the required filing fee.
  • The appeal will be reviewed by the Board of Immigration Appeals (BIA).

Following-to-Join Benefits

If you became a permanent resident through a preference category, your spouse and/or children may qualify for “following-to-join” benefits, meaning:

  • You do not need to file a separate Form I-130.
  • They do not need to wait for a visa number to become available.

To apply, submit:

  • Form I-824
  • A copy of the original petition used to obtain your immigrant status
  • A copy of Form I-797 (Notice of Action)
  • A copy of your Green Card (Form I-551)

If you received your immigrant visa overseas, contact the National Visa Center for more details.

Can a Green Card Holder Invite a Fiancee to the U.S.?

Many people ask: Can a green card holder petition for a fiance visa? Unfortunately, the answer is no—only U.S. citizens can petition for a K-1 Fiance Visa. However, there are other options available for permanent residents who wish to bring their fiance to the U.S.

Options for Green Card Holders Who Want to Marry a Foreigner

If you are a lawful permanent resident (green card holder) and want to bring your fiance to the U.S., you have limited options:

1. Wait Until You Become a U.S. Citizen

  • Once you become a U.S. citizen, you can apply for a K-1 visa for your fiance.

2. Get Married Abroad and Apply for a Spousal Visa (CR-1/IR-1)

  • After marriage, you can file Form I-130 (Petition for Alien Relative) to sponsor your spouse.
  • Your spouse will need to wait abroad until their visa is approved.

3. Marry in the U.S. While on a Tourist Visa (Risky Option)

  • If your fiance enters the U.S. on a tourist visa (B-2) and you marry, they must leave before the visa expires.
  • Immigration officials may suspect visa fraud, which can lead to deportation or bans.

Consult an Immigration Attorney to explore your best option and avoid risks.

FAQs: Green Card Holder Sponsoring a Spouse for a Green Card

General FAQs on Sponsoring a Spouse for a Green Card

FAQs for When the Foreign Spouse is Living in the U.S.

FAQs for When the Foreign Spouse is Living Outside the U.S.

Financial & Legal Considerations

Frequently Asked Questions (FAQs)

Seeking Legal Assistance: Why It Matters

U.S. immigration laws are complex and ever-changing. Working with an immigration attorney can:

  • Ensure accurate and timely submissions.
  • Help navigate visa backlogs and alternative paths.
  • Provide legal representation in case of delays or denials.

Finding the Right Attorney

Look for:

  • Licensed attorneys specializing in family-based immigration.
  • Transparent fee structures and clear communication.
  • Positive client testimonials and reviews.

Final Thoughts: Knowledge is Power

Marrying a non-resident as a green card holder is entirely legal, but securing their U.S. residency requires careful planning and patience. Understanding the immigration process, preparing strong documentation, and seeking professional guidance can help smooth the journey toward permanent residency for your spouse.

By taking the right steps and staying informed, you can successfully navigate the process and build a future together in the U.S.

Resources & Additional Information

Important Forms:

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