What if I am a US citizen and I want to petition my husband? How long does it take to bring my spouse to the USA? This is a very common question our clients ask when they schedule a consultation.
Therefore, this is something we hear frequently in the office, as many citizens seek to reunite with their loved ones in the US.
Becoming a lawful permanent resident via family-based immigration is a process full of hope, but also of challenges. Therefore, at Lluis Law, we will explain everything about the process to petition to bring your spouse to the United States.
Call us today, our professionals have years of experience and a deep commitment to family reunification.
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I Am An American Citizen And I Want To Bring my Spouse To the USA in 2024
If you are an American citizen and wish to bring your spouse to the United States, you must submit Form I-130 to USCIS to begin the process of obtaining legal permanent residence.
Contact us, at Lluis Law we will guide you throughout this immigration process, so that you can reunite with your loved one.
What Documents Should I Submitt If I Am An American Citizen And Want To Bring My Husband To The United States?
To complete the application process, you must submit the following documents to USCIS:
- Form I-130, must be signed and accompanied by the corresponding fee;
- A copy of your civil marriage certificate;
- Copies of documents proving the end of a previous marriage, both you and your spouse. For example, a death or divorce certificate;
- Passport type photographs of both;
- Evidence of any legal name changes for both of you, such as marriage certificates, divorce certificates, court orders for name change, etc.
- Proof of your American citizenship. You can prove this with a copy of your US passport or naturalization certificate.
Note: If you are a lawful permanent resident, you can submit a copy of your Green Card or foreign passport with a stamp proving your legal status. Of course, stamps in the passport are less common nowadays.
For more details on how to proceed and how long does it take to bring your spouse to the USA, we recommend contacting our immigration attorneys in Los Angeles.
How Can I Petition to bring My Spouse If I Am An American Citizen And I Want To Bring Him/Her To The United States?
As a US citizen, you can apply to bring your spouse to the United States by following a specific process. This will depend on the current location of the foreign spouse:
Within The United States
If your spouse is already in the US legally or on advance parole, you must file Forms I-130 and I-485 with USCIS.
This will allow your foreign spouse to adjust their status and obtain the Green Card without the need to leave the country.
Outside The United States
You must begin the process by submitting Form I-130 to USCIS. Once approved, your petition will be sent to the National Visa Center (NVC) and subsequently to the US embassy or consulate in your spouse’s country of residence.
After this, the consulate will notify your spouse about the visa interview. At this interview, your spouse must present all the documents required for consular processing.
Note: If you or your spouse is a member of the US Armed Forces, special conditions may apply. For more details and personalized assistance, consult with our Los Angeles, California immigration attorneys at Lluis Law.
What Happens If I Am A Lawful Permanent Resident And I Want To Petition to bring My Husband?
If you are a lawful permanent resident and want to petition your foreign spouse, you must file Form I-130. Once a visa number is available, your spouse can apply for adjustment of status using Form I-485.
If your spouse resides outside the US, the procedure is similar. Once the Form I-130 is approved and a visa is available, it will be sent to the consulate or embassy for consular processing.
Why Does My Husband Have A Conditional Permanent Residence If I Am An American Citizen?
When your marriage is less than 2 years old at the time your spouse is granted a Green Card, they will receive conditional permanent residence.
To remove these conditions, you and your spouse must jointly file Form I-751 with USCIS.
It is essential to submit the application to remove the residency conditions within 90 days prior to the expiration of the conditional resident card.
Failure to do so could lead to termination of your spouse’s legal status and possible legal consequences.
How long does it take for an american citizen to bring their spouse to the USA once the application is submitted?
Typically, the average time it takes to process an I-130 petition is 12 months.
However, this can vary, so we recommend contacting our immigration attorneys in Los Angeles. You can also check how your case is going online through the USCIS website.
It is important to note that the times required to bring a spouse to the United States vary considerably depending on the type of application, such as:
- Residence location;
- Migratory scenario; and
- History of the spouse living outside the country.
How Long Would It Take My Husband To Get A Green Card?
Obtaining a Green Card can be a process that varies widely in length, depending on several factors. For example, the specific type of application being filed and current USCIS processing times.
That being said, the process to obtain a Green Card based on marriage can range from 13 months to 40 months, or longer.
How Much Money Does An American Citizen need to petition to bring their Spouse to the USA?
To apply for your spouse, a US citizen must demonstrate a minimum annual income of $25,550. This figure assumes that the sponsor is not on active military duty and is sponsoring only his wife.
If you are looking for more information about this, you can contact us or consult the poverty guidelines on the USCIS website.
Can My Spouse Come To The United States While their Visa Petition Is Pending?
If you are a United States citizen, once you have filed Form I-130 for your spouse, they may choose to apply for a K-3 visa.
This visa allows your spouse to come to live and work in the United States while your immigrant visa application is processed.
To begin this process, you must file Form I-129F. Your spouse may decide to wait abroad while the immigrant visa is processed, but the K-3 visa offers an additional option for your entry into the United States.
For more information about K-3 and K-4 visas, please do not hesitate to contact us. At Lluis Law we will explain everything you need to know about this immigration process.
Is There An Alternative To The K-3 Visa?
The short answer is that yes, there is an alternative to the K-3 visa known as the CR1 or IR1 spouse visa.
This visa allows a foreign citizen to live in the United States with his or her spouse, whether an American citizen or legal permanent resident.
The CR1 visa applies when the marriage lasts less than 2 years, while the IR1 visa applies for marriages of 2 or more.
What Can I Do If I Am An American Citizen And I Want To Petition My Husband But The Application Was Rejected?
If your petition to petition to bring your spouse to the USA is denied, you will receive a denial letter with instructions on how and when you can appeal the decision.
You will need to complete the appropriate Appeal Form and pay the required fee. Once submitted, your appeal will be forwarded to the Board of Immigration Appeals (BIA) for review.
While you can win an immigration appeal process, it is not advisable to attempt to appeal on your own.
Can I Bring My Wife To The US After Marriage?
Yes, you can bring your wife to the US after marriage. To do this, you will have 2 options available:
- Using the immigrant spouse visa (IR1 or CR1): You will need to submit Form I-130 to USCIS; either
- Through the K-3 spouse nonimmigrant visa: This visa must be applied for and issued in the country where the marriage took place. After obtaining it, your spouse can travel to the United States while waiting for their visa to be processed.
How Can I Bring My Husband To The United States Quickly?
To bring your husband to the United States, you must be a US citizen or Green Card holder.
As a citizen, you can apply for an IR1 or CR1 spouse immigrant visa. Alternatively, you can opt for the K-3 visa, which allows your husband to wait in the US while his Green Card is processed.
While none of these processes are particularly quick, following the steps correctly can help avoid delays.
How Can I Expedite My US Spouse Visa?
To expedite your US spouse visa you can do the following:
- Contact the USCIS Contact Center to initiate a request for expedited processing.
- Prepare a formal letter with the reasons why you need to expedite the process.
- Please accompany this letter with supporting evidence such as medical records or job offers.
- Follow all instructions and submit necessary documentation to avoid delays.
Although there are no guarantees that they will expedite your request, following these steps can increase your chances of getting a faster response.
Frequently Asked Questions on how long does it take to bring your spouse to the USA
Is There A Minimum Age To Bring My Spouse To The United States?
There is no set minimum age for a US sponsor to file a petition for a spouse.
However, the sponsor must be at least 18 years of age and reside in the United States before they can sign the financial sponsorship affidavit.
Can I Update My Application To Bring My Spouse If I Was Previously A Lawful Permanent Resident And Am Now A US Citizen?
If you initially filed a petition for your spouse when you were a resident and you have now become a citizen, you need to update the petition from second family preference (F2) to immediate family member (IR).
You can do this by submitting proof of your US citizenship to the NVC. For example:
- A copy of your US passport biographical information; either
- A copy of your naturalization certificate.
Upgrading the petition to immediate family status allows for faster and more direct processing for your spouse.
What Is The Difference Between The CR1 And IR1 Visa?
The CR1 and IR1 visas offer similar rights, but differ in their terms. The CR1 visa is granted to foreign spouses who have been married to a US citizen for less than 2 years.
Additionally, foreigners will obtain a 2-year conditional permanent residence. In case of divorce during this period, residency status is lost.
On the other hand, the IR1 visa allows lawful permanent residence without a conditional period to spouses who have been married to an American citizen for two years or more.
Learn more about what happens if you divorce before your Green Card interview our related blog.
Do I Need An Immigration Lawyer If I Am An American Citizen And I Want To Petition My Husband or wife?
You do not necessarily need an immigration lawyer to petition to bring your spouse. However, these migration processes are considerably complex.
To deal with this, it is advisable to have the assistance of a properly trained and experienced immigration lawyer. This can not only help reduce wait times but also increase the chances of success in your case.
At Lluis Law in Los Angeles, California, we have a team of dedicated and passionate professionals in the practice area of immigration. Call us today.
LATINOS WITH OVER 50 YEARS EXPERIENCE
Tell Us Your Case
