💍 Marriage-Based Green Card for U.S. Permanent Residents
U.S. lawful permanent residents (green card holders) can sponsor their spouse for permanent residency. Unlike U.S. citizens, green card holders face annual visa caps, which can cause delays.
✅ Eligibility Requirements
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Sponsor must be a U.S. permanent resident (green card holder).
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Spouse must be legally married to the sponsor.
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The marriage must be bona fide (genuine, not for immigration benefits).
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The spouse must be admissible and meet eligibility criteria.
📝 Application Process
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File Form I-130 (Petition for Alien Relative).
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After the petition is approved, the spouse must wait for a visa number based on the family preference category (F2A).
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Once a visa number is available, the spouse can apply for:
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Consular processing (if abroad) or
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Adjustment of status (if in the U.S.).
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⏳ Processing Times and Wait
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The F2A category for spouses of green card holders can experience wait times ranging from 1 to 2 years, depending on visa availability.
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Processing may be faster if the spouse is already in the U.S. and eligible for adjustment of status.
🔄 Conditional Green Card
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If the marriage is less than 2 years old at the time the green card is granted, the spouse will receive a conditional green card valid for 2 years.
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To remove conditions, file Form I-751 jointly with the sponsor within the 90-day window before expiration.
🛑 Common Challenges
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Delays due to visa backlogs.
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RFEs (Requests for Evidence) about the bona fide nature of the marriage.
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Inadmissibility issues such as criminal history or health problems.
📞 Contact Borderless Lawyers to navigate the complexities of sponsoring your spouse as a green card holder.