How Can I Bring My Spouse to the USA Quickly?

Question from Bab, How Can I Bring My Spouse to the USA Quickly?

Answer from AI:

If you are a U.S. green card holder (lawful permanent resident) and you recently got married, you might be eager to bring your spouse to the United States as soon as possible. Here’s a general overview of the process and some tips to expedite it.

Filing a Petition for Your Spouse

The first step is to file a petition for your spouse. As a green card holder, you will need to file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS).

1. Complete Form I-130: This form establishes your relationship with your spouse. You will need to provide evidence of your marriage, such as a marriage certificate, photos, and other documents proving your relationship is genuine.
2. Submit Supporting Documents: Along with Form I-130, you will need to submit supporting documents, including proof of your green card status, your spouse’s birth certificate, and any previous divorce decrees if applicable.
3. Pay the Filing Fee: As of 2023, the filing fee for Form I-130 is $535. Check the [USCIS website](https://www.uscis.gov/i-130) for the most current fee information.

Processing Times and Priority Dates

Once you file Form I-130, it will be processed by USCIS. Processing times can vary, but it typically takes several months. You can check current processing times on the [USCIS Processing Times page](https://egov.uscis.gov/processing-times/).

Priority Date

After USCIS approves your I-130 petition, your spouse will be assigned a priority date. This date is crucial because it determines when your spouse can apply for a visa. The priority date is the date USCIS received your I-130 petition.

Visa Bulletin and Waiting Period

The U.S. Department of State publishes a monthly Visa Bulletin that indicates when visas are available based on priority dates. As a green card holder, your spouse falls under the F2A category (spouses and children of lawful permanent residents). You can check the [Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html) to see when your spouse’s priority date becomes current.

Consular Processing or Adjustment of Status

Once the priority date is current, your spouse can either:

1. Consular Processing: If your spouse is outside the U.S., they will need to go through consular processing at a U.S. embassy or consulate in their home country. This involves submitting additional forms, attending an interview, and undergoing a medical examination.
2. Adjustment of Status: If your spouse is already in the U.S. on a different visa, they may be able to adjust their status to become a permanent resident without leaving the country. This involves filing Form I-485, Application to Register Permanent Residence or Adjust Status.

Expediting the Process

While there is no guaranteed way to expedite the process, here are some tips that might help:

• Submit a Complete Application: Ensure all forms and documents are complete and accurate to avoid delays.
• Check for Errors: Double-check all information to prevent mistakes that could slow down processing.
• Request Expedited Processing: In rare cases, you can request expedited processing for humanitarian reasons or if there is a significant public benefit. This is at the discretion of USCIS.

Consulting a Legal Professional

Given the complexity of immigration laws and the importance of your case, it is highly recommended to consult with an immigration attorney. They can provide personalized advice, help you navigate the process, and ensure that all paperwork is correctly filed.

For more detailed information, you can visit the [USCIS website](https://www.uscis.gov/) and the [U.S. Department of State’s Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html).

Remember, while this guide provides a general overview, each case is unique, and professional legal advice is invaluable.