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Green Card for Husband of US Citizen

Green Card for Husband of US Citizen

As an experienced immigration law firm we have created a comprehensive guide for how to apply for a green card for husband of US Citizen or lawful permanent resident. Whether your foreign national husband is in the United States or abroad, he is eligible, under US immigration law, to obtain a marriage-based green card, and to eventually become a citizen himself. 

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How do I Get My Husband a Green Card?

As a United States citizen, you are eligible to apply for your husband’s green card under the immediate relative category. Below is a detailed answer to the question “How do I get my husband a green card?”

Step 1: The US Citizen Files Form I-130, Petition for Alien Relative

The initial step to getting a green card for husband of US citizen is to submit a petition that indicates your husband’s intention to immigrate. The purpose of Form I-130 is to establish your status as either a US citizen or a green card holder, and to prove that you and your husband’s relationship is bona fide, and has not been entered into for the sole purpose of obtaining a green card and circumventing immigration laws.

Step 2: The Foreign National Husband Applies for Adjustment of Status or an Immigrant Visa

When you apply for a green card for husband of US citizen under the immediate relative category, you can apply for your husband’s green card concurrently with the I-130 petition only if your husband is currently in the United States. This process is referred to as “adjustment of status.” Your husband will have to submit Form I-485, Application to Register Permanent Residence or Adjust Status. The purpose of this application is to establish your husband’s eligibility for permanent residence and to make sure he is not inadmissible to the United States on any grounds, such as past immigration violations, crimes, etc.

While you are awaiting a decision on the petition for a green card for your husband, he may submit an application for an Employment Authorization Document (EAD) which will let him work within the United States and for an Advance Parole Document which will allow him to temporarily travel outside of the country. To get those documents he will have to submit forms I-765 and I-131, with the necessary supporting documents. These may be filed together with the adjustment of status application. 

If your husband is located outside of the United States, he can apply for an immigrant visa at a US Consulate or Embassy in his country. When his I-130 Petition is approved, he can then fill out and submit Form DS-260, Immigrant Visa Electronic Application with the National Visa Center from where the case will be transferred to a local US embassy or consulate. The purpose of this application is to establish that your husband is eligible to obtain permanent residence in the United States. Specifically, the consular officers will make sure that your husband is not inadmissible to the United States on any grounds, be it health related, past criminal convictions, or past immigration violations. 

Step 3: Your Husband Attends a Medical Exam and an Interview

During the green card for husband of US citizen process, your husband will have to attend a medical exam with a US immigration approved physician. This physician will ensure that your husband does not have any underlying medical conditions that would prevent him from obtaining a green card. At the end of the process, USCIS or the US embassy or consulate, depending on whether your husband is applying through the adjustment of status or consular process, will send your husband an interview invitation. At this interview a government officer will go through your husband’s green card application and will ask questions to clarify any unclear information in the application. If your husband meets all requirements of a marriage-based green card, your husband’s case will be granted and he will then become a permanent resident if already in the United States or if outside the United States, he will receive an immigrant visa which will allow him to travel to the United States. Once inside the United States, he will be issued a husband green card in the mail. 

FAQs

How to Apply for a Green Card for My Husband While on a Green Card.

Filing for your husband with a green card is possible. The process of filing for your husband with a green card is exactly the same as the one you would undergo if you were a US citizen. However, your husband does not qualify for a green card under the immediate relative category. If you are a green card holder, your husband’s case will be classified under the family preference second, specifically F2A, visa category. This is an important difference because the immediate relative category is always current, meaning that green cards in this category are always available and there are no backlogs. In some years, there are more green card applications in the F2A category than available green cards. In such years a backlog occurs and your husband will not be able to immediately apply for his green card application once the I-130 petition is approved. So if you are asking yourself  “how to get my husband a green card?” and you are wondering whether filing as a US citizen has advantages, the answer is yes.  Green card for husband of US citizen has an advantage because it falls in the immediate relative category. 

My Husband has a Green Card. Can I get one?

Yes, your marriage to a green card holding husband qualifies you to legally immigrate to the United States, obtain a green card, and ultimately become a citizen yourself. Your husband in this case would be the petitioner sponsoring you for a green card and it would be you going through the above-described steps. 

What is the Wait Time for a Green Card for Husband of US Citizen?

The wait time depends on where your husband currently lives. The processing times for adjusting status and for a green card husband visas vary based on the location of the USCIS field office or US consulate that is reviewing your application. General processing times can be as fast as 6 months at some fast working USCIS offices to over 16 months in slower locations. 

As the Husband of a Green Card Holder, What am I Permitted to do in the United States?

Being the husband of a green card holder in and of itself does not provide you with immigration status in the United States. However, as the husband of a green card holder, you yourself may qualify for a green card which lets you to legally work, study, and live in the United States as a lawful permanent resident. 

What are the Husband Visa USA Requirements?

Are you wondering how to get a green card for husband of US citizen or a legal permanent resident? First you have to make sure that you meet all requirements of a husband green card. You may be eligible to apply for a green card for your husband if you satisfy the following requirements:

  1. You are a US citizen or lawful permanent resident.
  2. You and your husband are legally married.
  3. Your and your husband’s marriage is legally recognized in the United States. This means that any previous marriages must be legally terminated by divorce, death, or annulment. Same-sex couples are eligible, even if same-sex marriage is not allowed in the foreign husband’s country of origin, as long as the same-sex couple has a valid marriage certificate.
  4. You can provide proof that your relationship is real and bona fide, and not entered into solely for an immigration purpose. When applying for a green card for your husband, you must submit documentary evidence that your relationship is valid.  
  5. The US citizen or permanent resident sponsor must meet at least 125% of the federal income poverty guidelines for a household of this size when applying for a green card for his/her husband. If the sponsor does not meet the minimum income requirements, a joint sponsor may be used. 

What Documents do you Need to Apply for a Green Card for Husband of US Citizen? 

If you are applying for a green card for your husband through an immediate relative immigrant visa, you will have to submit the following documents:

  • Proof of your US citizenship, such as a passport or a birth certificate. If you are a green card holder, you will have to submit a copy of your green card.
  • Proof of the foreign national husband’s nationality.
  • Proof that yours is a genuine marriage. This includes not only your marriage certificate, but also a variety of documents, such as photographs documenting your relationship, bank account statements, bills, tax returns, and any other evidence that demonstrates that you have combined your social and financial lives.
  • Affidavit of Support. You will have to demonstrate that you have the ability to financially support your husband and that you will not let him become a public charge. What that means is you will have to submit proof of an income that is 125% of the Federal Poverty Guideline for a household of your size.

Our Marriage-Based Green Card Services

Are you a US citizen wondering “How to get my husband a green card?” Are you asking yourself “How can my husband get a green card if I am a lawful permanent resident”?

If you are wondering how to apply for a green card your husband, our immigration attorneys can devise a marriage-based green card strategy tailor-made to accommodate the particular needs of your case and prepare your application for a green card for your husband in accordance with all the pertinent immigration rules.

To schedule a consultation with one of our immigration attorneys, please click here and click on “Schedule a Consultation.” You can also email us at [email protected], or call us at (212) 220-6652.

During your consultation, our family-based green card immigration lawyer will provide an honest assessment of your case and a recommendation about your next steps.

I offer confidential 30 minute & 1 hour consultations.

Disclaimer: This blog article is provided by Pandev Law, LLC for general educational and informational purposes only. Although this article discusses general legal issues, it does not constitute legal advice nor does it establish an attorney-client relationship. No reader should act or refrain from acting on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Pandev Law, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. This blog article may constitute attorney advertising. Prior results do not guarantee a similar outcome.