How to sponsor your spouse for a green card as a U.S. citizen

If you are a U.S. citizen, your spouse is an immediate relative. That means there is no line: your spouse does not wait for a visa number to become available, as siblings or married children do. The process starts with a petition you file with USCIS.

Step 1: the I-130 petition

Form I-130, the Petition for Alien Relative, is the foundation of the case. With it you show USCIS two things: that you are a citizen and that the marriage is real and still in place.

• Who signs it: you, the citizen petitioner.

• It goes with Form I-130A: a form with your spouse's information, including addresses and jobs for the last five years. If your spouse is in the United States, they sign it too.

• Fee: USD 675 on paper or USD 625 if you file online at my.uscis.gov.

Step 2: it depends on where your spouse is

If your spouse is outside the United States, the path is consular processing. Once USCIS approves the I-130, the case moves to the National Visa Center (NVC). There the State Department fees are paid, the DS-260 is completed and the documents are uploaded. At the end, your spouse has an interview at the U.S. consulate in their country and, if approved, travels on an immigrant visa.

If your spouse is inside the United States and entered legally, with a visa or a parole, they can usually apply for adjustment of status. The I-130 and the I-485, the application for permanent residence, are sent together in one package, along with the I-864 (the affidavit of support), the I-693 medical exam and, if your spouse wants it, the I-765 for a work permit while the case is pending.

Step 3: the affidavit of support (I-864)

With the I-864 you commit to support your spouse above 125 % of the poverty line. If your income is not enough, you can add a joint sponsor: another person who signs their own I-864 and is responsible along with you.

The conditional green card

If you have been married less than two years when your spouse receives residence, the green card is conditional, for two years. In the 90 days before it expires, you must file the I-751 together to remove the conditions. If that window is missed, residence can be lost.

When to talk to an attorney first

Filling out the forms yourself is legal and very common. But in some situations it makes sense to get advice before filing anything:

• Your spouse entered the United States without going through immigration inspection, or left and re-entered after being out of status.

• They have a removal order, a case in immigration court or arrests, in any country.

• USCIS previously denied a petition based on an earlier marriage, or found that marriage was not genuine.

• You have convictions for crimes against minors, sexual offenses or domestic violence.

If none of those points apply, the process is orderly and predictable: petition, sponsorship, medical exam and interview. If any of them apply, review it with an immigration attorney before you send the package, because what is filed stays in the record.

Informational content only. It is not legal advice and does not create an attorney-client relationship; each case depends on its own facts. Fees change: confirm them at uscis.gov/fees before paying.

Responsible for this content: Camila Giraldo Bolívar, attorney admitted in New York and Colombia. GB Partners, Calle 5 A # 39-93, oficina 702, Medellín, Colombia. Phone and WhatsApp +57 305 234 6543. www.gbpartnersllc.com