Bringing your spouse to the United States is possible through family-based immigration. U.S. citizens and lawful permanent residents (LPRs) can petition for their spouses to obtain a green card. The process involves submitting applications, meeting financial requirements, and proving a genuine marriage.
Who can sponsor a spouse?
U.S. citizens and LPRs can petition for their spouses, but processing times differ. U.S. citizens typically have a faster process because their spouses qualify as immediate relatives. LPRs face longer wait times due to visa category limitations. Both must prove their marriage is legitimate and not solely for immigration purposes.
What are the steps to apply?
The process starts with Form I-130, Petition for Alien Relative, filed with U.S. Citizenship and Immigration Services (USCIS). After approval, the spouse must either adjust status in the U.S. (if eligible) or apply for a visa through consular processing. The petitioner must also submit an Affidavit of Support (Form I-864) to show financial ability to support the spouse.
What are the financial requirements?
Sponsors must meet income guidelines set by USCIS, which require earnings at or above 125% of the federal poverty level. In Texas, state laws do not set additional income requirements, but sponsors should be aware of obligations under federal law. If the sponsor’s income is insufficient, a joint sponsor can help meet the requirement.
What legal factors should you consider?
Marriage laws vary by state, but Texas recognizes legal marriages, including those performed outside the U.S. Common-law marriages may also qualify if they meet state requirements. Additionally, criminal history, previous immigration violations, and inadmissibility issues can impact approval. Seeking waivers for certain grounds of inadmissibility may be necessary.
What happens after approval?
Once the spouse receives a green card, they can live and work in the U.S. Conditional green cards apply to marriages under two years, requiring Form I-751 to remove conditions after two years. After three years as a permanent resident, a spouse of a U.S. citizen may apply for naturalization.
