> Overview

United States citizens and legal permanent residents may petition for their spouses, whom the US government will categorize as immediate relative and F-2A, respectively.

Due to the the government's concerns about immigration fraud through sham marriages, we strongly encourage anyone wishing to help their spouse obtain a green card seek the counsel of an immigration attorney.

> Can the spouse's children also receive green cards

If a US citizen is petitioning, a separate I-130 will be required for each child.

If a legal permanent resident is petitioning, unmarried children under 21 may be included as derivative beneficiaries. Their eligibility for a green card stems from the I-130 filed for the sibling and his or her subsequent approval for a green card.

> What documents are required to prove the marital relationship?

The basic requirements are:

• Marriage certificate
• Proof of termination of all prior marriages for either spouse

The US government is very serious about discovering sham marriages. Further documentation to show the intention to build a life together will help the petition. Such documentation includes but is not limited to:

• Birth certificates of children born to the spouses together
• Evidence of joint tenancy in a common residence such as a lease
• Evidence of commingling of financial resources such as a joint checking account, property owned jointly, or taxes filed together
• Affidavits from friends and family affirming the marriage
• Photographs taken together in various locations showing changing hair styles and dress for different seasons
• Wedding documentation including receipts from vendors, photographs, and announcements

> How long does the petition process take?

For a spouse of a US citizen, the process will take about six to eight months. Unexpected delays occur, so you should allow for at least twelve months.

For a spouse of a legal permanent resident, you can determine the approximate wait time by looking under the family-based immigration category 2A in the most recent State Department Visa Bulletin. The delay is usually 2 and a half to 3 years. The priority date delay is approximate because each month the government may process more or less than a month’s worth of priority dates.

> Is there a way to speed up the process?

There is no method like premium processing to speed up the family-based immigration process.

An I-130 filed for a spouse of a US citizen is one of the fastest forms of immigration. Along with the other immediate relative relationships, it is the fastest form of family-based immigration.

A spouse of a legal permanent resident may wish to pursue other immigration opportunities may be pursued instead of or while waiting for the family-based immigration process to unfold.

> What happens if a petitioning legal permanent resident becomes a US citizen?

The benefiting spouse will then be classified as an immediate relative and will then no longer have a wait for a priority date.

> How much does it cost?

The United States government charges the following filing fees:

Each I-130, the family based immigration petition, costs $535.

The Affidavit of Support costs $120 unless filed outside the United States; most are filed in the US.

Each I-485, the application used to adjust status, costs $1140 with an additional $85 for biometrics (fingerprints). The biometrics fee applies to applicants from age 14 to 78.

Each DS-230 or DS-260, the paper or online application used for consular processing, costs $325 for family-based immigration before the interview and $220 after the interview.

> Can a fiancé or fiancée enter the United States to marry there?

Yes, through the K-1 visa.