If you're a lawful permanent resident (green card holder), you may be eligible to sponsor your spouse for permanent residence too. The process differs from citizen-based petitions, and getting it right is crucial. At Sakhniuk Immigration Law, we help green card holders bring their spouses into the U.S. with expert legal support and personal care.

With services in English, Russian, and Ukrainian, our goal is to make the process as clear, efficient, and stress-free as possible. You don't need to go it alone. Green card holders can also petition for children's green cards. Once your spouse is approved, learn about maintaining permanent residence and renewing a green card on time. Schedule a consultation to begin your spouse's petition today.

• Spousal petitions filed under the F2A family preference (for spouses of permanent residents)
• Visa availability depends on priority date waiting lists for the F2A category
• Adjustment of status may or may not be available depending on current location and status
• Consular processing may be needed if spouse lives abroad
• Accurate document preparation and immigration strategy are essential to minimize delays

Under the Immigration and Nationality Act, a spouse of a green card holder is classified as a family member and placed in the family preference list (F2A category). As soon as you start the immigration process for your spouse, he or she will be assigned a "priority date" and placed on the waiting list for an immigrant visa. You will need to start tracking the progress of priority dates in the F2A category by monitoring the State Department's Visa Bulletin to determine when an immigrant visa number for your spouse becomes available. Typically, the average wait time for most countries is 2 years.

Even after the wait is over, processing a green card application may take several months. That's why it is important to have an experienced immigration attorney on your side who can assist you in this long-expected process, as even a small mistake made at the filing stage can cost you several years of additional wait.

There are two scenarios for your spouse to get a green card:

1. The first scenario is that your spouse is already in the United States in a nonimmigrant status. In this case, the green card holder may only file an immigration petition on behalf of his or her spouse and wait for the immigrant visa number to become current. During this waiting period, your spouse needs to independently maintain a valid nonimmigrant status in the U.S. (e.g. on a student or business visa). If by the time the immigrant visa number became available he or she is still in the U.S., your spouse may apply to adjust nonimmigrant status to permanent resident (Form I-485).

Don't misuse the travel visa! Avoid falling into fraudulent use of a tourist visa, which will lead to a green card denial. Some couples try to avoid consular processing from their home country and come to the U.S. on a tourist visa months before their immigrant visa number becomes available, with the original intent to adjust status in the U.S. This is not a good idea, as it would constitute a fraudulent use of a tourist visa and eventually lead to the green card being denied.

If at the time when the immigrant visa number became available your spouse overstayed their visa or failed to maintain their nonimmigrant status in the U.S., she or he might not be able to get a green card. Living in the U.S. without authorization can lead to accruing "unlawful presence," preventing them from adjusting their status to permanent resident. If your spouse has already accrued unlawful presence, the process will become more difficult and you might need to apply for a waiver or wait until the green card holder becomes a U.S. citizen.

2. The second scenario is that the spouse is outside the United States. In this case, the green card holder and spouse need to go through the following steps to get a green card:

• I. Filing the immigration petition by the green card holder on behalf of his spouse (I-130). To start the process of immigration for your spouse, you will need to file Form I-130 with accompanying documents.
• II. Obtaining an Immigrant Visa Number. If the immigrant visa petition is approved, your spouse must wait for an immigrant visa number to become available according to the preference system. Because the number of immigrant visa numbers available each year is limited, several years could pass between the time USCIS approves the petition and the State Department provides a visa number. Because U.S. law limits the number of immigrant visas available by country, they may have to wait longer if they come from a country with high demand.
• III. Case Processing and Interview Preparation. Once the immigrant visa number becomes available, the petition will be forwarded to the U.S. Consulate or Embassy in the spouse's home country for processing. Your spouse will be instructed to file an application for an immigrant visa at the consulate or embassy. After applying, your spouse must appear for a visa interview. If the interview is successful, an immigrant visa will be issued enabling him or her to enter the U.S.
• IV. Entering the U.S. An immigrant visa is valid for a maximum period of six months from the date of issuance. Your spouse must travel and apply for admission to the United States within that six-month period. On the day that the spouse enters the United States on an immigrant visa, he or she becomes a permanent resident.

What We Do For You - Step by Step