Bringing Spouses to Live in the United States as Permanent Residents
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Getting a Green Card for Your Wife or HusbGreen Card for wife or husband

It’s true that marriage to a U.S. Citizen or lawful permanent resident (LPR) could get you a green card. But actually receiving the Green Card is not as easy as it sounds.

The immigration service must be satisfied that the marriage was entered into for a bonafide reason.  In other words, the marriage must be for love and not convenience. The immigration service worries that many marriages are actually a sham or one that was entered into purposely to obtain an immigration benefit.  And, of course, it must be a legal marriage, which means that both parties are free to marry, all prior divorces were properly obtained, and the marriage formalities are recognized as legal in the jurisdiction where the marriage occurred. 

If your spouse is in the United States

Once you file the adjustment of status you can anticipate a wait of about 6 months if your spouse is in the U.S. and you are a citizen, you can expect to receive the employment authorization document (work permit) in about 4 months and the  immigration (adjustment of status) interview in 6 months or less. 

If you are a lawful permanent resident (Green Card holder), expect at least one year and you will have to check the visa bulletin regularly to make sure you are ready when your priority is current.

You'll need perseverance and persistence, but at the conclusion, you both will be pleased.

There is a major difference if you marry in the United States or abroad, the process of a consular interview is a bit complicated and you must be completely prepared for the interview because in most cases, there is no attorney at your side.

If you have been married less than 2 years, you will be granted a Conditional Resident Status for a period of two years.  At the completion of the 2nd anniversary, you must submit another application with proof that you have been living together to convert your Green Card from a temporary Green Card to a permanent Green Card..  You may or may not have a secondary interview.

"Our office has assisted many thousands of couples to establish legal residency for their spouse. 
We can provide professional legal help throughout the process

For more information on getting a Green Card for your spouse go to:

Everything you need to know about getting Green Card for Spouse of U.S. Citizens

Everything you need to know about getting a Green Card for Spouse of Lawful Permanent Residents

How to Bring your Spouse to the United States

You are a:

Your spouse is:

How to Apply

U.S. citizen

Inside the United States (through a lawful admission or parole)

File Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time.  See form instructions for more information.

Outside the United States

File Form I-130. If you are a U.S. citizen residing in Canada, you may file the petition at the nearest U.S. Embassy or consulate, except for those in Quebec City. If you reside elsewhere outside the United States, file your relative petition at the USCIS office overseas or the U.S. Embassy or consulate having jurisdiction over the area where you live. For further information, contact the nearest U.S. Embassy or consulate.

When the Form I-130 is approved, it will be sent to consular processing and the consulate or embassy will provide notification and processing information. See form instructions for more information.

Permanent resident

Inside the United States (through lawful admission or parole)

File Form I-130. After a visa number becomes available, apply to adjust status to permanent residency using Form I-485. NOTE: Unless the beneficiary (your spouse) had an immigrant visa petition or labor certification pending prior to April 30, 2001, the beneficiary must have continuously maintained lawful status in the United States in order to adjust status. See form instructions for more information.

Outside the United States

File Form I-130. When Form I-130 is approved and a visa is available, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. See form instructions for more information.




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    Moses Apsan and his staff, based in New York City and Newark, NJ provide exceptional legal services throughout the world, in all aspects of immigration to the United States, including non-immigrant (temporary visas), immigrant visa (Green Card) and deportation defense. In addition Mr. Apsan, has been practicing Bankruptcy law and Divorce laws for over 35 years, He was the President of the Federal Bar Association, New Jersey Chapter (1997-2002). He speaks Portuguese and Spanish..

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