Am I Eligible?

If you are a U.S. citizen or lawful permanent resident, you may apply to bring a husband or wife to live and work permanently in the United States. As the sponsor of your spouse, you must show that your household income is sufficient to support your family at 125% or more above the U.S. poverty level for your household size. For more details about meeting this income requirement, see Filing an Affidavit of Support for a Relative.

If your U.S. citizen parent, or your U.S. citizen brother or sister, is applying (on Form I-130, Petition for Alien Relative) to bring you to the United States to live and you would like to bring your spouse to live in the United States with you, your spouse and children do not require a separate visa petition. See Application Procedures: Bringing My Spouse to Live in the U.S. for more information.

If you were married to your spouse before you became a permanent resident, your spouse may be eligible to receive following-to-join benefits. This means that you would not have to submit a separate USCIS Form I-130 (Petition for Alien Relative) for your spouse, and your spouse would not have to wait any extra time for an immigrant visa number to become available. See Application Procedures: Bringing My Spouse to Live in the U.S. for more information on following-to-join benefits.

• If you have been married less than two years when your spouse is approved for permanent residence, your spouse will receive conditional permanent resident status. For more information, please see Removing Conditional Resident Status (from Marriage).

• If you are a refugee or aslyee, please see How Do I Get My Children or Spouse Derivative Refugee Status? or How Do I Get My Children or Spouse Derivative Asylum Status?.

How Do I Apply?

To find out how you can petition (apply) for your spouse to live in the United States permanently, please see Application Procedures: Bringing My Spouse to Live in the U.S.

Obtaining an Immigrant Visa Number

If you are a U.S. citizen bringing your spouse, and your immigrant visa petition is approved, an immigrant visa number will be immediately available to your spouse. If you are a lawful permanent resident bringing your spouse, and your petition is approved, your spouse must wait for an immigrant visa number to become available according to the preference system.   Because the number of immigrant visa numbers that are available each year is limited, they may not get an immigrant visa number immediately after the immigrant visa petition is approved. For more information, see The Preference System and Immigrant Visa Numbers.

Work Permits

Your spouse does not need to apply for a work permit once they are admitted as an immigrant with their immigrant visa or have already been approved for adjustment to permanent resident status. As a legal permanent resident, your spouse should receive a Permanent Resident Card (commonly referred to as a "Green Card") that will prove that your spouse has a right to live and work in the United States permanently. If your spouse is now outside the United States, your spouse will receive a passport stamp upon arrival in the United States. This stamp will prove that your spouse is allowed to work until a Permanent Resident Card is created.

If your spouse is in the U.S. and has applied to adjust to permanent resident status (by filing USCIS Form I-485, Application to Register Permanent Residence or Adjust Status), they are eligible to apply for a work permit while their case is pending. Your spouse should use Form I-765 to apply for a work permit (see Obtaining a Work Permit for more information).

Checking My Application Status

Contact the USCIS office that received your application, and be prepared to provide specific information (see Checking the Status of My Case).

How Can I Appeal?

If the visa petition you filed for your spouse is denied, the denial letter will tell you how to appeal. Generally, you may appeal within 33 days of receiving the denial by mail. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C. For more information, please see Appealing the Denial of My Petition or Application.

Help!

• For assistance outside of the U.S., contact the nearest U.S. Consulate. 

• For assistance within the U.S., contact your nearest USCIS District Office or Sub Office. This link provides telephone numbers, addresses, directions, office hours, local filing procedures, and more.

• In the U.S., you may also call the national USCIS toll-free information service at 1-800-375-5283.

• You may also want to seek the advice of an immigration attorney, or an immigrant assistance organization accredited by the Board of Immigration Appeals.

Additional Information & Links

For details on filing an immigrant visa petition for your spouse, see:
     Application Procedures: Bringing My Spouse to Live in the U.S.

For details on sponsorship eligibility, including the income requirement, see:
     Filing an Affidavit of Support for a Relative

For an overview of the preference system, see:
     The Preference System

For more information on immigrant visa numbers, please see:
     Immigrant Visa Numbers

For more details on adjusting to permanent resident status if your spouse is already in the United States, see:
     Becoming a Permanent Resident (Immigrant) While in the U.S.

If your spouse is in the U.S. and wants to work while their application to adjust to permanent resident status is pending, see:
     Obtaining a Work Permit

If your spouse is in the U.S. and needs to travel outside the U.S. while their application to adjust to permanent resident status is pending, see:
     Have a Pending Immigration Application?...Beware of Foreign Travel

For online forms and fee information, including fee waivers, see:
     Forms, Fees & Filing Locations

If you are outside of the United States and need information regarding immigrating to the United States, contact your nearest U.S. Consulate:
     U.S. Consulate & Embassy Website Locator

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