If you wish to sponsor your husband to the U.S. as a permanent resident, you are eligible do so as a citizen or a permanent resident. If, however, you are on a study visa or you are a temporary (nonimmigrant) worker, then your husband may accompany you in the capacity of a dependent spouse.
For both citizens and permanent residents of the U.S., Form I-130, Petition for Alien Relative, will have to be filed. If your husband is already in the U.S., then he will have to file Form I-485, Application to Register Permanent Residence or Adjust Status, to change his current status into a permanent one.
If you are a student or a temporary worker whose dependent husband is accompanying you, your spouse will not be permitted to work, they are simply allowed to join you while you are staying in the U.S.
Depending upon which category you petitioned for in order to come to the U.S., your spouse will be filling for the correlating class. For example, if you are coming as a TN NAFTA Professional, the correlating form for your husband would be Form TD. Similarly, if you are coming as an R-1 Religious Worker, your spouse would file Form R-2.
It is important to note that, on July 1, 2013, the Secretary of Homeland Security made a statement that allows same-sex couples, who are legally married, to be eligible for sponsoring their spouse. So if you are a same-sex couple, and you are legally married, then you are also eligible to petition your husband to the U.S. in the same manner as those mentioned above.
If you require additional information regarding how to sponsor your spouse to the U.S., at Akrami & Associates, we can help. Call us today and let one of our legal professionals assist you.