How to Add a Spouse to a Green Card
- 1). File Form I-140, Petition for Immigrant Worker, with the United States Citizenship and Immigration Services (USCIS). Form I-140 is reserved for immigrants who have received permanent job offers from a U.S. employer. Only the employer can file Form I-140 on behalf of the immigrant, therefore you must inform your employer that your spouse needs to be included on the petition under Section 7 as a dependent. When Form I-140 form is cleared, both you and your spouse must separately file Form I-485, Application to Register Permanent Residence, to obtain green cards.
- 2). Petition your spouse as a family member. If you already have your green card --- obtained through whatever fashion --- and wish to obtain a green card for your alien spouse, you must sponsor your spouse by filing Form I-130, Petition for Alien Relative, with the USCIS. This is the same petition form used by U.S. citizens to petition relatives for permanent residency. Unfortunately, spouses of green card holders are categorized as F2, Family Second Preference, a category for which only 114,200 visas are available each year. The result is a severe backlog of applications. The average wait time for a green card for the spouse of a permanent resident is between three and five years.
- 3). Speak with an immigration attorney to know your rights and to discover any technical loopholes you may be able to take advantage of. Navigating through the requirements of U.S. immigration can be a complicated matter. If you are in doubt about your situation, contact a specialized legal professional for guidance.