If you are a U.S. citizen and want to bring your spouse to live with you in the United States, there are specific immigration processes designed to unite families. At Casais & Prias, we help couples navigate the legal path to permanent residency with clear guidance and personalized support.

Step 1: Determine Your Status and Eligibility
The process depends on your current immigration status.
– U.S. citizens can petition for their spouse as an immediate relative, which generally results in faster processing.

Step 2: File Form with USCIS
You begin the process by filing a Petition for Alien Relative with USCIS. This establishes your legal relationship and your intention to bring your spouse to the U.S. You’ll need to provide evidence of your marriage, such as a marriage certificate, shared financial documents, photos, and communication records.

Step 3: Wait for Approval and Visa Availability
Once approved, your case moves forward depending on your spouse’s location:
– If your spouse is outside the U.S., the case goes to the National Visa Center (NVC) and then the U.S. embassy or consulate in their home country.
– If your spouse is already in the U.S., you may be able to file Form I-485 (Adjustment of Status) so your spouse can apply for a green card without leaving the country.

Step 4: Consular Processing or Adjustment of Status
For spouses abroad, the consular process includes a visa interview and medical exam. If approved, your spouse will receive an immigrant visa to enter the U.S.

If your spouse is adjusting status within the U.S., they may also be eligible to apply for work and travel permits while waiting for green card approval.

Step 5: Receive a Conditional or Permanent Green Card
If your marriage is less than two years old at the time of approval, your spouse will receive a conditional green card, valid for two years. You’ll later need to file a petition to remove conditions together to remove conditions.

If the marriage is more than two years old, your spouse receives a 10-year green card directly.

Step 6: Apply for U.S. Citizenship (Optional)
After three years of permanent residency (and while still married to a U.S. citizen), your spouse may become eligible to apply for naturalization.

Schedule a Consultation

If you’re planning to bring your spouse to the U.S., Casais & Prias can help you avoid common mistakes and delays. Contact us to schedule a consultation and take the first step toward reuniting your family.

Immigration for a Spouse FAQs

How long does it take to bring my spouse to the U.S.?
For U.S. citizens, the process usually takes 12–18 months. For green card holders, it can take longer depending on visa availability.

Can my spouse work while waiting for a green card?
If your spouse applies for adjustment of status, they can also apply for a work permit (EAD) and travel permit while waiting for approval.

What if my spouse is undocumented or overstayed a visa?
Your spouse may still qualify for a green card, depending on the circumstances. Our attorneys can help determine eligibility and discuss potential waivers.

What documents are needed to prove a valid marriage?
You’ll need your marriage certificate, photos together, joint leases or bills, shared bank accounts, affidavits from friends or family, and more.

Is a fiancé visa faster than a spouse visa?
Fiancé visas (K-1) can sometimes move more quickly but require marriage within 90 days of entering the U.S. Spouse visas offer a direct path to a green card.

Can I petition for my same-sex spouse?
Yes. U.S. immigration law recognizes same-sex marriages as long as the marriage is legally valid in the place it occurred.

What happens if our marriage ends during the process?
If the marriage ends before your spouse receives permanent residency, the case may be denied. If conditions are already granted, there are options to remove them without the sponsoring spouse in limited cases.