Bringing Spouses to Live in the United States as Permanent Residents

If you or a member of your family is in the U.S. military special conditions may apply to your situation. For information and additional resources, see the Military section of our website.

If you have been married less than 2 years when your spouse is granted permanent resident status, your spouse will receive permanent resident status on a conditional basis. To remove the conditions on residence, you and your spouse must apply together using Form I-751, Petition to Remove the Conditions of Residence. (Note that Form I-90, Application to Replace Permanent Resident Card, is not used for this purpose.)

You must apply to remove conditional status within the 90-day period before the expiration date on the conditional resident card. If you fail to file during this time, your spouse’s resident status will be terminated and he or she may be subject to removal from the United States. Use our Filing Calculator to determine your 90-day filing date. For more information, see the Remove Conditions on Permanent Residence Based on Marriage page.

To check the status of your visa petition, see the My Case Status page.

If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F, Petition for Alien Fiancé(e). Note that you are not required to file Form I-129F. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be an additional method for him or her to come to the United States. For more information, see the K-3/K-4 Nonimmigrant Visas page.

If you are a permanent resident and you have filed Form I-130 for your spouse and/or minor children on or before Dec. 21, 2000, your spouse and/or children may be eligible for the V visa classification if more than three years have passed since the I-130 was filed. For more information on V visas, see the V Nonimmigrant Visas page.

For more information, visit the Adjustment of Status and Consular Processing pages.

If the visa petition you filed is denied, the denial letter will tell you how to appeal and when you must file the appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals. For more information, see the How Do I Guides.

This section is for beneficiaries who became permanent residents through a preference classification.

If you were married and/or had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your spouse and/or children. In addition, your spouse and/or children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your spouse and/or children can apply for an immigrant visa.

Your spouse and/or children may be eligible for following-to-join benefits if:

• The relationship existed at the time you became a permanent resident and still exists, AND
• You received an immigrant visa or adjusted status in a preference category.

If your family member falls into this category and you adjusted to permanent residency in the United States, you may submit the following:

• Form I-824, Application for Action on an Approved Application or Petition
• A copy of the original application or petition that you used to apply for immigrant status
• A copy of Form I-797, Notice of Action, for the original application or petition
• A copy of your Form I-551 (Green Card)

If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 with your Form I-485, in which case no supporting documents are needed other than those submitted with Form I-485.

If you received the immigrant visa overseas, you may contact the National Visa Center (NVC) for follow-to-join information. Send your inquiry by e-mail to NVCInquiry@state.gov or by writing to the National Visa Center, ATTN: WC, 32 Rochester Ave., Portsmouth, NH 03801-2909.

If you believe you are in a forced marriage, are at risk of a forced marriage or are being forced to petition for a spouse, visit our Forced Marriage page to learn about the options available to you.

More Information

• How Do I Help My Relative Become a Permanent Resident? (Guide for U.S. Citizens) (PDF, 688.27 KB)
• How Do I Help My Relative Become a Permanent Resident? (Guide for Permanent Residents) (PDF, 577.38 KB)
• Remove Conditions on Permanent Residence Based on Marriage

Forms

• I-130, Petition for Alien Relative
• I-864, Affidavit of Support Under Section 213A of the Act
• I-485, Application to Register Permanent Residence or Adjust Status
• I-751, Petition to Remove the Conditions of Residence
• I-824, Application for Action on an Approved Application or Petition
• I-129F, Petition for Alien Fiancé(e)
• Family Based Forms

Other USCIS Links

• Consular Processing
• Adjustment of Status