Bringing My Spouse to Live in the US

Am I Eligible to obtain a K visa for my spouse?

If you are a U.S. citizen or lawful permanent residen, you may apply to bring your spouse to live and work permanently in the United States.

As the sponsor of your spouse, you must show that your household income is sufficient to support your family at 125% or more above the U.S. poverty level for your household size.

If your U.S. citizen parent, or your U.S. citizen brother or sister, is applying to bring you to the United States to live and you would like to bring your spouse to live in the United States with you, your spouse and children do not require a separate visa petition as long as your family has petitioned you through the correct application process (filing I-130 petition).

If you were married to your spouse before you became a permanent resident, your spouse may be eligible to receive following-to-join benefits. This means that you would not have to submit a separate USCIS Form I-130 (Petition for Alien Relative) for your spouse, and your spouse would not have to wait any extra time for an immigrant visa number to become available.

The Process

An immigrant (also called a "lawful permanent resident") is a foreign national who has been granted the privilege of living and working permanently in the United States. Your spouse must go through a multi-step process to become an immigrant.

First, the U.S. Citizenship and Immigration Services (USCIS) must approve an immigrant petition (application) that you file for your spouse.

Second, the State Department must give your spouse an immigrant visa number, even if your spouse is already in the United States.

Third, if your spouse is already in the United States, your spouse may apply to adjust to permanent resident status . If your spouse is outside the United States, your spouse will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.

Removal of Conditions:

If you have been married less than two years when your spouse is approved for permanent residence, your spouse will receive conditional permanent resident status.

The condition on the green card MUST be removed prior to expiration of that green card. Regardless of the date listed on the green card, the condition on the green card must be removed by the third year of being married.

If the condition is NOT REMOVED , lawful permanent residence is voided. If the condition is not removed, the individual has to adjust his or her status again and start the whole process.

In terms of US citizenship, the individual loses the accumulated time spent as a green card holder.

Hence, he or she has to apply for a green card once again and wait the three year requirement before being eligible to obtain US citizenship (naturalization).

How Do I Apply?

1. If you are a U.S. citizen or legal permanent resident applying to bring your spouse to the United States to live:

As a U.S. citizen or legal permanent resident, you must file the following items with the U.S. Citizenship and Immigration Services:

At the same time, your spouse also must follow certain application procedures:

If you are a U.S. citizen and your foreign national spouse is currently inside the borders of the United States, the spouse may file the following materials with the U.S. Citizenship and Immigration Services. These application items can be submitted at the same time as your Form I-130, Petition for an Alien Relative:

Please note that there are certain eligibility requirements for using Form I-485.

In all other cases:The USCIS will notify you when your I-130, Petition for Alien Relative is approved or denied. If it is approved, your spouse will be notified by the State Department when an immigrant visa number is available. If your spouse is outside the country, your spouse must then go to the local U.S. consulate for processing. If your spouse is legally inside the United States when a visa number becomes available, your spouse should apply to adjust to Permanent Resident Status.

2. Your U.S. citizen parent, or your U.S. citizen brother or sister, is applying to bring you to the United States to live. You would like to bring your spouse to live in the United States with you.

If your U.S. citizen parent is applying for permanent residence status for you on Form I-130, Petition for Alien Relative, and you are a married child of any age, your spouse and children do not require a separate visa petition. Your spouse and children will be included in the visa petition your parent is filing for you.

If your U.S. citizen brother or sister is applying for permanent residence status for you on Form I-130, your spouse and children do not require a separate visa petition. Your spouse can be included in the visa petition your brother or sister is filing for you.

Your parent, or brother or sister, will be notified by the USCIS when their Form I-130, Petition for Alien Relative is approved or denied. If it is approved, you and your spouse will be notified by the State Department when an immigrant visa number is available. If you are outside the country, you then must go to the local U.S. consulate for processing. If you are legally inside the United States when a visa number becomes available, you should apply to adjust to permanent resident status.

3. You were married before you became a legal permanent resident, and your spouse did not physically accompany you to the United States. You would now like your spouse to join you in the United States.

If you were married before you became a legal permanent resident, your spouse may be eligible for following-to-join benefits. This means that you would not have to submit a separate Form I-130 (Petition for Alien Relative) for your spouse, and your spouse would not have to wait any extra time for an immigrant visa number to become available. In this case, you can simply notify a U.S. consulate that your status has been adjusted to legal permanent resident so that your spouse can apply for an immigrant visa.

Your spouse may be eligible for following-to-join benefits in the following cases if your relationship still exists:

If you fall into these categories, submit the following information to the U.S. Citizenship and Immigration Services (USCIS):

Obtaining an Immigrant Visa Number

If you are a U.S. citizen bringing your spouse, and your immigrant visa petition is approved, an immigrant visa number will be immediately available to your spouse. If you are a lawful permanent resident bringing your spouse, and your petition is approved, your spouse must wait for an immigrant visa number to become available according to the preference system. Because the number of immigrant visa numbers that are available each year is limited, they may not get an immigrant visa number immediately after the immigrant visa petition is approved.

Work Permits

Your spouse does not need to apply for a work permit once they are admitted as an immigrant with their immigrant visa or have already been approved for adjustment to permanent resident status. As a legal permanent resident, your spouse should receive a Permanent Resident Card (commonly referred to as a "Green Card") that will prove that your spouse has a right to live and work in the United States permanently. If your spouse is now outside the United States, your spouse will receive a passport stamp upon arrival in the United States. This stamp will prove that your spouse is allowed to work until a Permanent Resident Card is created.

If your spouse is in the U.S. and has applied to adjust to permanent resident status, they are eligible to apply for a work permit while their case is pending. Your spouse should use Form I-765 to apply for a work permit.

Checking My Application Status

Contact the USCIS office that received your application, and be prepared to provide specific information.

How Can I Appeal?

If the visa petition you filed for your spouse is denied, the denial letter will tell you how to appeal. Generally, you may appeal within 33 days of receiving the denial by mail. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C.