BRINGING A SPOUSE (HUSBAND OR WIFE) TO LIVE IN THE UNITED STATES |
"Following-to-Join Benefits For Spouses"
This information is for U.S. citizens and lawful permanent residents who wish to petition for or “sponsor” a spouse (husband or wife) to live permanently in the U.S. (If you are a refugee or asylee, see How Do I Apply for Derivative Refugee Status for My Spouse or Children?)
What Do I File?
If you are applying to bring your spouse to the U.S. to live, you will need to file the following with the U.S. Citizenship and Immigration Services:
- Form I-130, Petition for Alien Relative, with all required documentation
- A copy of your birth certificate showing your name, or your U.S. passport
- If you are a citizen and were not born in the United States, a copy of either
- your Certificate of Naturalization or Citizenship or
- your U.S. passport
- If you are a lawful permanent resident (LPR), a copy of your alien registration receipt card
- Two completed and signed G-325A’s (one for you and one for your spouse)
- A copy of your civil marriage certificate
- A copy of any divorce decrees, death certificates, or annulment decrees that would show that any previous marriage entered into by you or your spouse was ended legally
- A color photo of you and one of your spouse (see Form I-130 instructions for photo requirements for details)
"Following-to-Join Benefits for Spouses"
Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as an immediate relative (parent, spouse, or unmarried child under 21 years of age) of a U.S. citizen.
If you were married before you became a lawful permanent resident, and your spouse did not physically accompany you to the U.S., your spouse may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. Consulate that you are a lawful permanent resident so that your spouse can apply for an immigrant visa. Your spouse may be eligible for following-to-join benefits if your relationship still exists and if one of the following is applicable:
- You received a diversity immigrant visa
- You received an employment-based immigrant visa
- You received an immigrant visa based on your relationship to your U.S. citizen sibling
- You received an immigrant visa based on your relationship to your U.S. citizen parent when you were already married
(For information on following-to-join benefits for children of lawful permanent residents, please see Petitioning Procedures: Bringing a Child to Live in the United States.)
If you fall into one of these categories, please submit the following information to the U. S. Citizenship and Immigration Services:
- Form I-824, Application for Action on an Approved Application or Petition
- A copy of the original application or petition that was used to apply for your immigrant status
- A copy of the I-797, Notice of Action, for your original application or petition
- A copy of your alien registration receipt card or I-551
If the I-824 is approved, the USCIS will notify a U.S. consulate that you are a lawful permanent resident so that your spouse can apply for a following-to-join immigrant visa. Your spouse must then contact the local U.S. consulate to complete the processing.
You should file the I-824 at the USCIS office that took the most recent action on your case.
Excerpt From The USCIS Official Website. Please Visit uscis website for more information. |
