As long as you are a permanent resident of the United States, it is possible to bring your spouse to the US on an immigration visa. Because of immigration visa quotas that apply to permanent residence sponsors, however, the process will take considerably longer than it would take a US citizen. The entire process takes two to two and a half years on average, perhaps a few months more.
Step 1: Your Sponsorship Application
Chinese Couple
You must file an application to sponsor your spouse, and only after your application is approved can your spouse apply for an immigration visa. Following are the steps you must take:
- Complete and sign Form I-130 (sponsorship application) and Form I-130A (supplemental information form).
- Prepare all supporting documents required by the instructions to Form I-130 and Form I-130A, including proof of your permanent residence, your marriage certificate, proof of the legitimacy of your relationship with your spouse, divorce records (if either of you has ever been married before), two passport-style photos each of you and your spouse, a cover letter (optional), etc.
- Prepare the filing fee of $535 in the form of a check, money order, or credit/debit card payment using Form G-1450.
- Wait about two weeks for a Receipt Notice to arrive confirming that the USCIS has received your application.
- Notify the USCIS immediately of any change in your mailing address.
- Respond promptly to any USCIS Request for Evidence that you may receive. If you get one, it will probably arrive two or three months after you file your sponsorship application.
- If your application is approved, you should receive an Approval Notice within 12-15 months.
The Visa Bulletin Waiting Period
Visa Bulletin Waiting Period
Because of the sponsor’s status as a US permanent resident rather than a citizen, annual quotas apply, and these quotas will result in an additional delay of 8 to 10 months based on the State Department’s monthly visa bulletin. This delay might exceed 10 months depending on the nationality of your spouse.
Step 2: Applying for Permanent Residence
Indian Wedding
Once your sponsorship application is approved, your spouse will be ready to apply for an immigration visa, which will lead to the issuance of a green card once he or she has entered the United States.
- The USCIS will transfer your case to the National Visa Center (NVC) after it approves your sponsorship application.
- The NVC will send your spouse a Welcome Letter that will include that NVC Case Number and Invoice ID Number.
- Your spouse should then file Form DS-261. There is no filing fee, and processing only takes 2 – 3 weeks.
- You pay the State Department a $445 filing fee. This fee can be paid online at the Immigrant Visa Invoice Payment Center with your bank routing number and a checking/savings account number from a U.S. bank. You will also need to supply the NVC Case Number and the Invoice ID Number to identify the case for which the filing fees are being paid.
- You (not your spouse) must complete Form I-864 (Affidavit of Support). Send it to your spouse along with the required financial documentation (such as your most recent tax return).
- Your spouse must file Form DS-260 online, and send Form I-864 and all supporting documents to the NVC by mail.
- The NVC might send your spouse a Request for Evidence a few weeks later if it requires additional documentation. Failure to respond promptly will delay the processing of the application.
- Within 3 to 5 months after Form DS-260 is filed, the NVC will schedule an interview at the US embassy or consulate nearest to your spouse’s overseas residence, and send your spouse a visa appointment letter. The letter will include instructions on which documents to bring to the interview.
- Your spouse must complete a medical examination conducted by an approved doctor in his/her home country. The fee is usually around $200, and your spouse will be issued a sealed envelope containing the results. Your spouse must bring this to the visa interview.
- Your spouse must provide an address where his/her passport can be mailed after an immigration visa is issued (this can be done on the embassy website).
- Your spouse must make an appointment and submit to fingerprinting at the local visa application support center.
- Your spouse must attend the interview (your presence is not required), where he/she will be questioned to confirm that the marriage was not fraudulently entered into for the purpose of obtaining immigration benefits. Your spouse should bring all requested documentation.
- Assuming that the interview is successful, an immigration visa will be stamped onto your spouse’s passport, perhaps even the day of the interview.
- You must pay a $220 Immigrant Fee. This fee can be paid online, and it covers the costs of issuing and delivering the green card. It will be mailed to your US address two or three weeks after your spouse’s arrival in the U.S.
- If you have been married for less than two years as of the date your spouse enters the US, your spouse’s permanent residence will be conditional, and you will both need to attend an interview two years later to have the condition removed.
As long as you are a permanent resident of the United States, it is possible to bring your spouse to the US on an immigration visa. Because of immigration visa quotas that apply to permanent residence sponsors, however, the process will take considerably longer than it would take a US citizen. The entire process takes two to two and a half years on average, perhaps a few months more.
If you are a permanent resident rather than a US citizen, it will take you longer to complete the immigration process for your spouse than it would take a US citizen. While it generally takes a US citizen a year to a year and a half to complete the process, you can expect the process to take two and a half to three years, or perhaps even a bit longer.
Since a naturalization form is generally approved within 6-12 months of the filing date, if your naturalization application is pending, or if you are planning on applying for US citizenship and you are currently eligible to do so, you might want to consider waiting until you become a citizen before commencing the immigration process. Before you make this decision, carefully calculate the timing to make sure that you will actually save time this way.
Step 1: Your Sponsorship Application
Marriage Sponsorship
The procedure for filing the sponsorship application works like this:
- Complete and sign Form I-130 and Form I-130A.
- Prepare all supporting documents required by the instructions including proof of your permanent resident status, your marriage certificate, proof of the legitimacy of your marriage, divorce records (if applicable), two passport-style photos of each of you and your spouse, a cover letter (optional), etc.
- Prepare payment of the filing fee ($535) by check, by money order, or by credit/debit card (using Form G-1450).
- Wait about two weeks for a Receipt Notice.
- Notify the USCIS of any change in your mailing address.
- Respond to any USCIS Request for Evidence. If you receive one, it will probably arrive a few weeks after you receive your Receipt Notice.
- You should receive an Approval Notice from the USCIS within 12-15 months.
The Visa Bulletin Waiting Period
Family Visa Bulletin Sample
Because of your status as a permanent resident rather than a US citizen, there is an annual cap on the total number of spouses allowed to immigrate this way, which necessitates an additional delay based on the State Department’s monthly visa bulletin. The average delay at this stage is 8-10 months, but it can vary depending on your spouse’s nationality. Your spouse must maintain legal status in the United States during this period.
Step 2: Applying for Permanent Residence
Fiancée/Fiancé Visa vs Marriage “Green Card”
Step 2 should take 9 to 11 months. Following are the steps that need to be taken:
- You complete Form I-864 (the Affidavit of Support), collect supporting documentation such as a copy of your most recent tax return and provide it to your spouse.
- Your spouse must complete Form I-485 (Application to Register Permanent Residence or Adjust Status).
- Your spouse must complete Form I-765 (work permit application), and it must be approved before your spouse will be able to work in the United States while his/her permanent residence application is pending.
- Your spouse must complete Form I-131 (travel permit) and receive approval before he or she will be able to re-enter the United States after traveling abroad while his or her permanent residence application is pending..
- Your spouse must submit to a medical exam performed by an approved doctor. The doctor will charge about $200. Your spouse will receive Form I-693 in a sealed envelope to take to the visa interview. The seal must remain unbroken.
- Prepare all supporting documents required by the instructions for the forms, including two passport style photographs of your spouse, a copy of your spouse’s ID card with photograph, a copy of your spouse’s birth certificate, copy of I-94 issued upon your spouse’s arrival to the US, copy of your spouse’s US visa, Approval Notice for Form I-130, Form I-864, Affidavit of Support, a copy of your criminal record,
- Prepare the filing fees ($1,140 for Form I-485 and $85 for biometrics, for a total of $1,225). You can pay by check, money order or credit/debit card.
- Mail the application package to the appropriate USCIS address associated with your state of residence.
- Wait about two weeks to receive receipt numbers from the USCIS..
- Wait to receive the location and date of your spouse’s biometrics appointment. It will probably take place at a USCIS office.
- Your spouse must attend the biometrics appointment to be fingerprinted and photographed. Security and background checks will be completed based on this information.
- Respond to a Request for Evidence if you receive one. If you receive one, it will arrive two or three months after the I-485 filing date.
- It takes about five months after the I-485 filing date to receive approval of the work permit and travel permit applications.
- The USCIS to send the date and time for the green card interview, which will take place at the nearest USCIS office. You must attend this interview with your spouse. You both may also be required to bring certain documentation with you. Your spouse’s permanent residence application might be approved immediately; on the other hand, there might be a delay.
- Your spouse’s green card will arrive in the mail in a couple of weeks.
- If you have been married for at least two years, the green card will be marked “IR1” (unconditional permanent resident). If you have been married for less than two years, the green card will be marked “CR1” (conditional permanent residence), and it will expire in two years.
- Notify the USCIS if your mailing address changes.
- If your spouse received conditional permanent residence, the USCIS will notify you of another interview two years later to remove the condition. You must attend the interview together with your spouse.