Love Without Distances

As an LPR, Navigating the Green Card Process for Your Spouse

Here, we will discuss how a Legal Permanent Residents (LPR) can apply for a Green Card for their spouse. If you are already a U.S. citizen or a naturalized U.S. citizen, you can look at our blog post for an explanation of the necessary steps.

The Lawful Permanent Resident Card, also known as a Green Card, is your ticket to a world of opportunities in the USA. You did want to use this ticket efficiently. After a journey of hard work, applications, and reviews, you've finally earned the right to become a Lawful Permanent Resident in the USA. From now on, this status you granted means the beginning of an exciting new chapter in your life, where you'll study, work, and grow in a different country while adapting to new ideas, cultures, and working conditions.

After going through some intense phases, you're feeling relieved and looking forward to building a life with your loved one. You're about to propose but are nervous about distance and changing life plans. You want to know what to expect. You might wonder if your partner can become an LPR like you and take advantage of available opportunities.

The answer is likely "yes." Your partner has a good chance of becoming an LPR. Still, the process will depend on various factors, including their location, immigration status, and potential grounds for inadmissibility, such as unlawful presence, health issues, or criminal history. This article focuses on evaluating our options separately from the inadmissibility criteria. However, it's important to note that you may need to complete different applications if your spouse meets any of these inadmissibility criteria.

1. How do you navigate the process if your spouse is outside the USA?

If your spouse resides in her/his home country or any other country outside the USA, there are several specific steps you will need to follow to navigate the immigration process. This situation may be familiar if you have applied for a Green Card from a different country. However, remember that each person's immigration journey is distinct and may involve unique considerations based on individual circumstances.

First, you must complete the I-130 form electronically through your USCIS account to get started. The I-130 form will help to recognize your marriage to USCIS officially. Once you submit the form, a “priority date” will appear on the receipt notice. This date is crucial as it determines when to proceed with the following steps.

Once the form is approved, you should regularly check the monthly visa bulletin on Travel.state.gov. The visa bulletin will inform you when your Family-based visa application date is current, which is the signal to proceed to the next phase with the NVC.

When your priority date is current to the visa bulletin, you must complete your DS-260 and sponsor forms for your spouse through the NVC/CEAC system and attend the interview at the Consulate. This is the next step. The NVC will review the immigrant visa application, and once approved, your spouse will be eligible to join you in the United States as a permanent resident. After completing this step and the requisite paperwork, your spouse can seek employment in the United States and travel to other countries for business and leisure.

You'll need to complete various forms and gather the relevant documents at all these stages. Our office will confidently support you throughout this intricate taxing process, no matter what assistance you need.

2. How do you navigate the process if your spouse resides on a legal visa in the USA?

If your spouse is already in the United States and legally has unexpired status, he or she may be eligible for permanent residence through an “Adjustment of Status.” which means that you can apply for lawful permanent resident status for your spouse without going through the consular process, potentially speeding up the reunification process.

However, there is one critical point to note here. USCIS does not allow spouses of Green Card holders to file “concurrently” in the first instance. Like in the first scenario, where your spouse lives in a different country, you must file your I-130 form online. Once you submit the form, a “priority date” will appear on the receipt notice. This date is crucial as it determines when to proceed with the following steps.

After the form is approved, you can file other forms for adjustment of status, such as I-485, I-864, and so on, if your priority date is current, according to the visa bulletin we mentioned above. Otherwise, you should wait and check the visa bulletin on Travel.state.gov.

There is an important point that we need to note here. It’s crucial to check the monthly visa bulletin on Travel.state.gov regularly. This bulletin will inform you when your family-based visa application date is current, which is the signal to proceed adjustment of status. In certain situations, you may not have to wait for the approval of I-130 if your priority date is current. It is best to consult an immigration lawyer before taking this step or deciding to wait for the acceptance of the I-130 form.

3. The Question of Bona Fide Marriage: Is Your Marriage Real?

When you review the form and checklist for your application, you'll notice a requirement for documents that prove a 'bona fide marriage'. Because the USCIS wants to determine if your marriage is genuine or if it's just a way to bypass immigration laws.

Therefore, additional documentation is needed to confirm that your marriage is accurate and that you have taken steps to plan a life as a married couple. These documents can be, for example, joint bank statements showing that you have pooled your financial resources, joint accounts, joint insurance policies, photos of your activities together, your wedding photos, birth certificates if you have children together, rental agreements with both your names on them and affidavits from friends who know you well.

You can include as many documents as you like; there is no limit. However, it's worth noting that overdoing it may make your application incomprehensible.

4. Question: If Your Spouse Had a Child Before Marrying You, Can The Child Live With You In The USA?

If the child was under 18 when you got married and is still under 21 when you submitted your application, the answer to this question likely is "yes." However, it's important to note that you must fill out a separate application for each child and the application for your spouse.

5. Question: You Got Your Green Card Through Marriage, But Now You Are Married To Someone Else. Can You Still Navigate This Process for Your Spouse?

The answer to this question depends on the circumstances. You should discuss the situation with an immigration lawyer. But it is also worth noting that USCIS allows permanent residents through marriage to apply if they meet certain conditions following;

• You have been a lawful permanent resident for at least five years;
• You can establish by clear and convincing evidence that you did not enter the prior marriage (through which you gained your lawful permanent resident status) in order to evade any U.S. immigration law or
• Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse.

6. Need Further Assistance?

Immigration processes are intricate and time-consuming, but you are not alone in this journey. Each individual's case is unique, and we are here to provide the guidance and support you need. For additional help, feel free to contact us. We are committed to helping you navigate this process with confidence and ease.