How Do I Bring My Spouse (Husband or Wife) to Live in the United States?
Overview of Immigration Process A legal immigrant (or "lawful permanent resident") is a foreign national who has been granted the privilege of living and working permanently in the United States. There is a three-step process for your spouse to become a legal immigrant:
The INS must approve an immigrant visa petition that you file for your spouse. The State Department visa bulletin must show that a spouse immigrant visa is available to your spouse, based on the date you filed the immigrant visa application. If your spouse is outside the United States when your visa petition is approved and when an immigrant visa number (if required) becomes available, your spouse will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa. If your spouse is legally inside the U.S. when your visa petition is approved and when an immigrant visa number (if required) becomes available, he or she may use the Form I-485 to apply to adjust his or her status to that of a lawful permanent resident.
Information for Citizens If you are a U.S. citizen, your spouse is considered an immediate relative and is immediately eligible for an immigrant visa if your petition is approved. Generally, if your spouse is in the U.S. (through a lawful admission or parole) at the time you file the Form I-130, Petition for Alien Relative, your spouse may file a Form I-485, Application to Register Permanent Residence or to Adjust Status at the same time. For more information, your spouse should refer to How Do I Become a Lawful Permanent Resident While In the United States? If he or she is outside the U.S., your spouse will need to go to the nearest U.S. consulate to apply for an immigrant visa.