There are two ways to obtain a green card for your spouse. These two ways are,
1. You are married and you wish to petition for your spouse to become a permanent resident
2. You are engaged to be married and you wish to have your fiancée come to the U.S. to get married and then become a permanent resident
If you are married, there are a few things that you must be able to prove including,
- Being legally married
o Must be officially recognized by the place where the marriage occurred
o Must be of age to marry
- Being married to a citizen or permanent resident of the U.S.
- Being in a genuine marriage
o Bona fide, not a marriage to gain a green card
- Being legally entitled to marry
o You and your spouse must show that you are not married to anyone else, and if you were, that you are legally divorced
Once you have established the conditions above, you can begin your application process. You can either apply,
- Concurrently; or
- One after the other
Concurrently means that your petitioner has filed Form I-130, Petition for Alien Relative, and you wish to apply for Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time.
If you wish to do so, you can apply one after the other, where your petitioner filed form I-130, and you file Form I-1485 afterwards while the petition is pending or approved. You may also need to submit a copy of Form I-797, Notice of Action, which will show that Form I-130 is pending or approved.
If you wish to marry your fiancée, you may petition with Form I-129F, Petition for Alien Fiancée, and marry your fiancée within ninety days of their entrance into the U.S. After you have married, your spouse will be able to apply for permanent resident.
If you have any further questions or concerns regarding how to reunite with your loved ones, at Akrami & Associates, our legal professionals can help. Contact us today to find out what we can do for you.