What are the procedures for the spouse of a green card holder to apply for immigration?

Green card holders apply for a green card for their spouses.

Note: If a foreign spouse is waiting for a green card in the United States, he/she must maintain legal non-immigrant status while waiting for the green card. During the waiting period, the Immigration Bureau will not actively grant the foreign spouse legal residence status, so the foreign spouse must stay in the United States with other non-immigrant legal visas, such as F 1, H4, etc. If they stay illegally, they cannot apply for adjustment of their status in the United States at the scheduled time.

If a foreign spouse comes to the United States with a tourist visa, it is not recommended to submit an application for immigration adjustment immediately, otherwise it will be suspected of immigration fraud. Similarly, foreign spouses need to maintain their legal status while waiting for appointment in the United States.

A. Situation 1: The spouse is in the United States

Delivery is divided into two phases:

① Green card holders submit I- 130 immigration application for relatives of foreign spouses.

I- 130 (application by foreigner's relatives, filled in by green card holder, indicating marriage relationship)

I- 130 required documents: application fee check of $420; G-325A form of green card holder and spouse, each 1 copy; Copy of the front and back of the green card holder's green card; Copy of the green card holder's unexpired passport; Marriage certificate; Proof documents of the true marriage relationship between the two parties, such as photos, assets, joint bank accounts, etc. ; A passport photo of the green card holder and spouse, and so on.

Note: After -I- 130 is issued, the Immigration Bureau will assign a "priority date" according to the submission date of immigration applications, which determines the position of foreign spouses among the many applicants waiting in line to immigrate to the United States. After receiving the case, the Immigration Bureau will issue a receipt with the priority date on it. )

-green card holders apply for a green card for their spouses as "FB-2(a) relative migration", so after getting the priority date of their cases, they should start to wait for the schedule, and the next stage of I-485 delivery can only be carried out when it is their turn. While waiting in the United States, the foreign spouse must maintain a valid non-immigrant status (such as a non-immigrant status H4 visa attached to the family).

The priority date and the applicant's nationality and immigration priority category will determine how long the applicant needs to wait to get a visa. When the visa is available, the applicant can submit the I-485 status adjustment operation.

-Before the priority date of the applicant, the applicant cannot obtain the approval of the immigration application.

-At the beginning of each month, the State Council will publish the visa schedule for next month in the Visa Bulletin.

② Submit I-485 application for permanent residence.

After the arrival of the immigration schedule, if the foreign spouse is in the United States and has always maintained his legal status, he can submit an I-485 application to the Immigration Bureau to adjust his status in the United States, or apply for a work card (I-765) and a return permit (I- 13 1). After I-485 is approved, the foreign spouse will obtain the status of green card.

(1) Form I-485 (Application for Permanent Residence/Application for Adjustment of Identity)

I-485 required documents: cost $1070; 2 photos of spouse's passport specifications (please indicate your name and A-NUMBER on the back); G-325A spouse form; Copy of spouse's passport and visa; Spouse's I-94 form, click here to print; English version of spouse's birth certificate; English version of spouse's good citizen card (no criminal certificate); Copy of marriage certificate.

(2) Form I- 13 1 (Re-entry permit, if you want to leave the country before getting a green card, you can enter the United States here)

I- 13 1 required documents-cost: $0 (free if submitted together with the I-485 form, and $360 if applied separately in the future); Copy of spouse's passport and fiance/wife's visa; Spouse's I-94 form; 2 photos of spouse's passport specifications, etc.

(3) Form I-765 (Work Permit, which you can use to work while waiting for a green card)

Documents required for I-765: the fee is USD 0 (free if submitted together with the I-485 form, and USD 380 if applied separately in the future); Copy of spouse's passport and visa; 2 photos of spouse's passport specifications, etc.

(4) Attach a letter (let the recipient know the intention of this document/package immediately, or use it as your own checklist).

After submission:

-After submitting the application for identity change and fingerprint identification, you will receive an interview notice about 3- 10 months later. The waiting time of each case is different, depending on the efficiency of local officials and whether it needs to be supplemented.

Reminder: Please remember to bring the designated documents with you during the green card interview, and don't forget to prepare anything with the same name as the husband and wife, such as tax bills, leases, deeds, bills, etc. (Couples who are less than 2 years from the wedding date to the delivery date will get a temporary green card for 2 years; Those who spend more than 2 years will get the official green card of 10).

-In another case, a person who applies for an H 1B green card can also apply for a green card for his spouse.

-green card spouse, until the main applicant is ready to send I-485, and add the spouse as a dependent to benefit.

-Remember to apply for an H4 visa for your spouse at the same time, so that your spouse can stay legally and wait for the schedule.

B. Scenario 2: Spouse is not in the United States

Green card holders must also submit their relatives' immigration applications for their overseas spouses. The telephone number is 1- 130. After the immigration schedule arrives, foreign spouses can apply for immigrant visas at the American consulate where they live. After passing, they will enter the United States with an F-2A immigrant visa, and will get a green card from the Immigration Bureau soon after entering the country.

Step 1: the green card holder submits I- 130 to the relevant USCIS service center in the United States (please refer to the above description for relevant preparation materials and delivery location).

Step 2: After I- 130 is approved, we will wait for an appointment, and the Immigration Bureau will transfer the application materials to the State Council National Visa Center (NVC).

Step 3: At the scheduled time, NVC will send a notice to both the green card holder and the foreign spouse, inviting the foreign spouse to apply for an immigrant visa.

Step 4: NVC will transfer the immigration application documents to the American embassy or consulate where the foreign spouse lives, so as to handle matters related to overseas immigration visas.

Step 5: Foreign spouses need to provide the relevant documents needed to apply for an immigrant visa to the American embassy or consulate where they live, including medical examination report, proof of no criminal record, personal and family member information, etc.

Step 6: After the background check is completed, the American consulate sends an interview notice to the foreign spouse. After the interview, you can get an FB-2A immigrant visa.

Step 7: Foreign spouses enter the United States with FB-2A visa. Soon after entering the United States, you will receive a green card from the Immigration Bureau (couples who have been married for less than 2 years from the date of entry will receive a temporary green card for 2 years; Those who have been married for more than 2 years since the date of entry will get a formal green card for 10 years).