Immigration Lawyer / Immigration Attorney

Phone

(206) 488-9030

Introduction

A U.S. Citizen may apply for his or her spouse to come to the United States as a Lawful Permanent Resident (LPR). This page applies to spouses who are residing overseas. If you want to petition for a spouse who is already in the United States, then you must adjust status.

Eligibility Requirements

You are eligible to apply for your spouse become a Lawful Permanent to the United States if:

  • You are a U.S. Citizen;
  • You are legally married to your foreign spouse;
  • You are free to marry which means that if you are not currently married to another person (i.e. if you have been divorced, you will need each and every divorce decree to prove that your current marriage is valid);
  • You are able to support your foreign spouse financially which requires that you your income is equal 125% of the US Poverty Guidelines (if it does not, you can make a showing of financial ability to support your spouse through a co-sponsor).

Your foreign spouse has NOT:

  • Entered the U.S. illegally;
  • Overstayed for greater than 6 months;
  • Been deported from the United States, or if your foreign spouse has been deported, he or she has waited the required period of time (which varies by period of overstay);
  • Been convicted of a serious crime or alleged to have been a terrorist;

*If your foreign spouse is ineligible based on the above, you will need a waiver. Waivers may permit your foreign spouse to become an LPR even though he or she is currently inadmissible due to immigration or criminal history. Not all prior immigration or criminal inadmissibility grounds may be waived. (If you believe you may be subject to a ground of inadmissibility, a thorough review of your circumstances are advised prior to submitting an application).

Filing Fees

  • Form I-130 Petition – $420;
  • National Visa Center (NVC) Processing – $230 (after approval of the Form I-130);
  • NVC Affidavit of Support – $88;
  • USCIS Immigrant Visa Fee – $165 (due after approval of entry to the United States but prior to departure from your spouse’s country of nationality);
  • Medical Examination – Costs vary depending on your location.

Conclusion

Don’t delay, start the process of bringing your spouse to the United States. Call us today!