Spouse Visa/Petition
Spouse Visa & Petition: Bring Your Spouse to the U.S.
If you are married to a foreign national and want to help them live permanently in the United States, a spouse petition is the legal path forward.
Whether your spouse is abroad or already in the U.S., the immigration process allows you to apply for lawful permanent residence (a green card) based on your marriage. In this guide, we explain how the process works, who qualifies, and what to expect.
What Is a Spouse Petition?
A spouse petition allows a U.S. citizen or lawful permanent resident to sponsor their husband or wife for a green card.
The process begins with filing Form I-130 (Petition for Alien Relative) to prove:
The marriage is legally valid
The relationship is genuine
Both spouses were legally free to marry
Once approved, your spouse can move forward through:
Adjustment of Status (if inside the U.S. and eligible), or
Consular Processing (if outside the U.S.)
Spouse Visa Options Based on Status
If you are a U.S. citizen:
Your spouse is considered an “immediate relative”
No visa backlog
Faster overall processing
If you are a green card holder:
Your spouse falls under the F2A category
May face visa bulletin wait times
We monitor visa availability and guide you through the correct path.
What Is Required?
Marriage-based cases require strong documentation, including:
Marriage certificate
Proof of shared life (leases, bank accounts, insurance, children’s birth certificates)
Photos together
Travel records
Communication history
USCIS closely reviews marriage cases, so thorough preparation is critical.
Why Legal Support Matters
Even real marriages can face:
Requests for Evidence (RFEs)
Interview scrutiny
Delays due to missing documentation
We organize your evidence clearly, prepare you for the interview, and make sure your case is legally solid from the start.
Ready to Bring Your Spouse Home?
We help couples navigate the marriage-based green card process with clarity and confidence.
Schedule a consultation today →
Quick Facts
- Who can file: U.S. citizens and lawful permanent residents may file a spouse petition
- Form used: Form I-130, Petition for Alien Relative
- Process options: Adjustment of Status if the spouse is eligible and applying from inside the United States, or Consular Processing if the spouse is applying from abroad
- Green card type: A conditional green card may be issued if the marriage is less than 2 years old on the date permanent residence is granted
- Work authorization: A spouse applying through Adjustment of Status may apply for work authorization while the green card case is pending
- Interview required: Most marriage-based green card cases include an interview, although USCIS may waive some adjustment interviews
- Timeline: Processing times vary by case type, location, and government workload
Frequently Asked Questions
Can a green card holder petition for their spouse?
Yes, but processing may take longer due to visa category limits.
What if we’ve been married less than two years?
Your spouse will receive a 2-year conditional green card and must later file to remove conditions.
Can my spouse stay in the U.S. while the case is pending?
If eligible for adjustment of status, yes. Otherwise, they must process through a U.S. consulate abroad.
What proof do we need to show the relationship is real?
Evidence might include:
Photos together
Travel history
Text messages or call logs
Joint financial records or leases
Sworn statements from friends or family
Wedding details
Do we both attend the interview?
Yes, for adjustment cases. For consular cases, the spouse attends abroad.
Can my spouse work while waiting?
If adjusting status, they may apply for a work permit.
Ready to Bring Your Partner to the U.S.?
Our spouse petition lawyers help couples file spouse petitions, prepare required documents, and navigate the marriage-based immigration process with clarity, compassion, and proven results.