The Process of Bringing Your Spouse to the United States

Bringing your spouse to the United States is one of the most meaningful immigration steps you can take. Whether you recently got married or have been separated by borders for years, the goal is always the same: building a life together in the U.S.

But the process can feel overwhelming. Forms, deadlines, interviews, and documents, many families don’t know where to start. This guide provides a comprehensive overview of everything you need to know about bringing your spouse to the United States, including eligibility requirements, timelines, and what to expect at each step.

Who Can Bring a Spouse to the United States?

The process depends on your current immigration status:

1. U.S. Citizens

If you are a U.S. citizen, you can petition for:

  • A spouse living abroad
  • A spouse already in the U.S.
  • A fiancé(e) (under the K-1 visa process)
  • A same-sex spouse (treated equally under U.S. immigration law)

Spousal immigration for U.S. citizens is usually faster because spouses are considered “immediate relatives,” meaning there is no waiting period for a visa number.

2. Green Card Holders (Permanent Residents)

If you are a lawful permanent resident, you can bring your spouse to the U.S., but:

  • Your spouse must wait for a visa number because this category has annual limits.
  • Processing times may be longer.

Two Main Paths to Bringing Your Spouse to the U.S.

The process varies based on where your spouse is currently located:

1. If Your Spouse Is Outside the United States.

It is known as the Consular Processing. This is the most common situation, and here’s how it works:

    Step 1: File Form I-130 (Petition for Alien Relative)

    This establishes your marriage as real and legally valid.

    You must submit:

    • Marriage certificate
    • Photos together
    • Joint documents (lease, bank accounts, etc.)
    • Proof of your U.S. citizenship or green card
    • Once approved, the case moves to the National Visa Centre (NVC).
    Step 2: Submit Civil Documents and Affidavit of Support

    The NVC will require:

    • Birth certificate (spouse)
    • Police clearance
    • Passport biographic page
    • Marriage and divorce records (if applicable)
    • Form I-864 (Affidavit of Support) proving you can financially support your spouse
    Step 3: Visa Interview at the U.S. Embassy

    Your spouse will attend an interview where the consular officer will verify:

    • Your marriage is genuine
    • Documents are correct
    • There are no immigration or criminal issues
    • If approved, your spouse receives an immigrant visa.
    Step 4: Enter the United States and Receive a Green Card

    Once your spouse enters the U.S., their immigrant visa becomes temporary proof of permanent residency. The physical Green Card arrives by mail.

    2. If Your Spouse Is Already in the U.S. (Adjustment of Status)

      Your spouse may be eligible to adjust status without leaving the U.S. if:

      • They entered the country lawfully
      • You are a U.S. citizen (or in some cases, a Green Card holder)
      Step 1: File I-130 and I-485 Together

      This is called concurrent filing, and it speeds up the process.

      Your spouse may also apply for:

      • Work permit (EAD)
      • Travel permit (Advance Parole)
      Step 2: Biometrics Appointment

      USCIS will take fingerprints and photos for background checks.

      Step 3: Marriage Interview

      You both attend an interview with a USCIS officer to confirm your marriage is real and not entered for immigration benefits.

      Step 4: Green Card Approval

      If everything is in order, your spouse will receive their Green Card and lawful permanent resident status.

      Special Situations to Know

      Conditional 2-Year Green Card

      If your marriage is less than 2 years old at the time your spouse becomes a resident, they will receive a 2-year conditional Green Card. You must jointly file Form I-751 to remove conditions.

      What If Your Spouse Overstayed a Visa?

      • If you are a U.S. citizen, your spouse may still adjust status inside the U.S.
      • If you are a Green Card holder, overstaying can complicate the case.

      What If You Have a Criminal Record?

      Certain convictions may affect the process, but many cases can still move forward with the right legal strategy.

      How Long Does the Process Take?

      Timeframes vary depending on:

      • Whether you are a U.S. citizen or a Green Card holder
      • Where your spouse lives
      • USCIS and embassy backlogs

      Here is the typical range:

      • Spouse outside the U.S.: 10–18 months
      • Spouse inside the U.S.: 10–14 months
      • Fiancé(e) visa: 12–18 months

      Documents You Will Need

      Every case is unique, but generally you should prepare:

      Proof of a real marriage
      • Wedding photos
      • Joint leases, bank accounts, insurance
      • Travel records
      • Communication logs
      Civil documents
      • Birth certificates
      • Divorce decrees (if any)
      • Marriage certificate
      Financial documents
      • Tax returns
      • Pay stubs
      • Employer letter

      Common Reasons Spousal Visas Are Denied

      To avoid delays or denials, watch out for:

      • Incomplete applications
      • Not enough proof of a real marriage
      • Errors on forms
      • Insufficient financial support
      • Missing documents
      • Prior immigration violations

      The good news is that most issues can be prevented with professional legal guidance.

      Final Thoughts on The Process of Bringing Your Spouse to the United States

      Reuniting with your spouse in the United States is one of the most rewarding steps in immigration and one of the most life-changing. But the process must be done correctly. A single mistake can lead to delays, denials, or unnecessary separation.

      At The Law Office of Udo Ezeamama, we help couples navigate the family-based immigration system every single day. We understand the emotional and legal challenges involved, and our goal is to make the process as smooth and stress-free as possible. we are also dedicated to helping families stay together. Our team will; guide you through every form and requirement, prepare you for interviews, help you gather strong evidence, identify potential red flags early and support you until your spouse receives their Green Card.

      If you’re ready to bring your spouse to the U.S. and want compassionate, experienced legal support, contact The Law Office of Udo Ezeamama today.

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