The foreign-national spouse of a U.S. citizen may get a green card to live permanently in the U.S. The Alcorn Immigration Law team can help.

To reunite families, U.S. immigration law allows U.S. citizens to sponsor immediate relatives for a green card.

Eligibility Requirements

For a foreign-national spouse to get a green card, the following conditions must be met:

• The U.S. citizen spouse must be at least 21 years old.
• The foreign-national spouse must establish she/he has a valid marriage.

The U.S. citizen spouse must be cautious about timing and should speak with an immigration attorney about the process.

According to U.S. Citizenship and Immigration Services (USCIS), the validity of a marriage is determined by the law in the jurisdiction where the marriage was performed—known as the “place-of-celebration” rule. A same-sex marriage is valid as long as it meets this rule. USCIS does not recognize the following as marriages, even if valid in the place of celebration:

• Polygamous marriages
• Marriages that violate the public policy of the couple’s state of residence, such as incestuous marriages
• Proxy marriages, unless the marriage has been consummated
• Marriages aimed at evading U.S. immigration laws

Application Process

The spouse of a U.S. citizen may apply for a green card from either inside or outside the United States.

If the spouse is already in the U.S. legally, the petitioner must be cautious about the timing of the filing. We recommend consulting with an immigration attorney. Once that is done, the quickest and easiest way to apply is as follows:

• The foreign-national spouse fills out Form I-485 (Application to Register Permanent Residence or Adjust Status), while the U.S. citizen spouse fills out Form I-130 (Petition for Alien Relative).

• Submit Forms I-485 and I-130 together, along with all supporting evidence, to USCIS.

If the spouse of the U.S. citizen is outside the U.S., the following steps must be taken:

• The U.S. citizen spouse must fill out and submit Form I-130 and supporting evidence to USCIS.
• If USCIS approves the petition, the U.S. Department of State will invite the spouse to apply for an immigrant visa at a U.S. embassy or consulate abroad.
• The spouse should pay the USCIS Immigrant Fee after receiving an immigrant visa packet from the U.S. embassy or consulate where the spouse applied and before traveling to the U.S.
• Once the spouse is in the U.S., the spouse should submit Form I-485 along with supporting evidence to USCIS for a green card (permanent residency).

We Can Help

Figuring out immigration law can be difficult and confusing. The Alcorn Immigration Law team can help. Questions? Contact us.