By Immigration Lawyer on Tuesday, April 28 2015
Category: US Immigration

If I Have Status in the U.S., Can My Spouse Get Status?

There are various ways for your spouse to get status if you have status in the U.S. You can do so if,

  1. You are a citizen or permanent resident of the U.S. and you wish to sponsor your spouse as a permanent resident
  2. You are a citizen or permanent resident of the U.S. and plan to marry your fiancée
  3. You are a temporary (nonimmigrant) worker and your dependent spouse will be accompanying you
  4. You are a student and your dependent spouse will be accompanying you

If you are a U.S. citizen or a permanent resident, you may be able to sponsor your spouse as a permanent resident. To do so, you will need to file a form to petition for permanent resident status for your spouse, whether they are inside or outside of the U.S.

The form for sponsoring a spouse is Form I-130. If your spouse is in the U.S., you can file Form I-485 simultaneously in order to register them as a permanent resident.

It is important to note that, if you have plans to marry your fiancée, you can sponsor your fiancée over to the U.S. with the intention to marry within 90 days of him/her entering the U.S. The form for a fiancée visa is Form I-129F.

Another way you can bring your spouse to the U.S. is if you are a temporary (nonimmigrant) worker. If this is the case, you can make an application to have your family, dependent spouses and children, accompany you to the U.S.

If you are on a student visa in the U.S., your dependent child or spouse may accompany you. The form to have your spouse accompany you while you are a student is Form F-2.

At Akrami & Associates, we understand the value of having your family near. If you require further information regarding your spouse and how you can have them come to the U.S., please contact us and allow one of our experienced legal professionals to aid you.

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