Legal Disclaimer: The information in this article is intended for general informational purposes only and does not constitute legal advice. Every immigration case is unique. Readers and visitors to our website should consult a licensed immigration attorney for advice tailored to their individual circumstances. This information should not be applied to your case without legal guidance. Reading this content does not establish an attorney-client relationship.
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Helping Your Non-Citizen Spouse Obtain a Green Card: What You Need to Know

 

 

If you are a U.S. citizen or lawful permanent resident and your spouse is not, one of the most important and meaningful immigration benefits you may pursue is helping them obtain lawful permanent residency—commonly known as a green card. Helping with your spouse and building a life together in the United States is a powerful and deeply personal goal.

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Whether your husband or wife is currently living abroad or already in the United States, the path to lawful permanent residency is not simply a matter of submitting forms and paperwork. It is a complex legal process governed by detailed immigration laws and policies, with emotional, procedural, and legal dimensions that can be overwhelming for many couples.

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As immigration attorneys, we are often asked about how to bring a spouse to the United States or help them adjust their status if they are already here. While each case is unique and should be evaluated individually, this page doesn’t provide legal advice but provides an overview of how spousal sponsorship works and why having an experienced immigration lawyer by your side can make a significant difference.

 

 

Two Primary Paths: Inside and Outside the United States

 

​The process of applying for permanent residency for a spouse depends largely on where the foreign national spouse is currently located:

 

1. Adjustment of Status (AOS) – If Your Spouse Is in the United States

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Adjustment of Status allows eligible spouses who are physically present in the U.S. to apply for a green card with USCIS (United States Citizenship and Immigration Services), without having to return to their home country. Key forms involved in this process include but not limited to:

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• Form I-130 – Petition for Alien Relative

• Form I-130A: Supplemental Information for Spouse Beneficiary

• Form I-485 – Application to Register Permanent Residence or Adjust Status

• Form I-864 – Affidavit of Support

• Form I-693 – Report of Medical Examination and Vaccination Record

• Form I-765 – Application for Employment Authorization (optional)

• Form I-131 – Application for Advance Parole (optional)

• Form G-1145: E-Notification of Application/Petition Acceptance (optional)

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If Your Spouse Is in the United States and with a Removal Case with EOIR (Immigration Court)

 

If your spouse is in the United States and currently in removal (deportation) proceedings before the Immigration Court (EOIR), it may still be possible to pursue lawful permanent residency through a process called adjustment of status—if certain eligibility requirements are met. In this context, the I-130 petition must typically be approved by USCIS before the immigration judge can consider the adjustment application (Form I-485).

 

The case will proceed differently than it would before USCIS, with additional procedural steps required, such as submitting additional forms with EOIR and/or USCIS (for certain relief options) and attending preliminary and individual hearings before a judge. Depending on the specific facts, other forms of relief available—such as cancellation of removal, waivers for inadmissibility, or prosecutorial discretion—may also be available.

 

Because proceedings before EOIR are complex and highly fact-dependent, it is crucial to consult with a licensed immigration attorney who can evaluate your spouse’s circumstances and represent them throughout the court process.

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​2. Consular Processing – If Your Spouse Is Outside the United States

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If your spouse is abroad, the process involves petitioning for them through USCIS and completing the visa process through a U.S. consulate in their home country. Key forms and steps include:

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1. Form I-130 – Petition for Alien Relative

2. National Visa Center (NVC) Processing after I-130 approval

3. Form DS-260 – Online Immigrant Visa Application

4. Form I-864 – Affidavit of Support

5. Medical Exam and Visa Interview at a U.S. consulate abroad

6. Issuance of an immigrant visa and entry to the U.S. as a permanent resident

 

Please be advised that each immigration form requires specific supporting documentation in order to be considered complete and approvable. This typically includes—but is not limited to—evidence of a valid and bona fide marriage, civil status documents, financial records and affidavits of support, police clearance certificates, certified translations, among many others. Due to the complexity and case-specific nature of these evidentiary requirements, this article does not address them in detail. We strongly recommend consulting with a licensed immigration attorney to determine the documentation appropriate for your individual case.

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More Than Just Forms and Evidence/Documents: Understanding Eligibility and Legal Risks​​

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Sponsoring a spouse for permanent residency is not simply a matter of proving that you are legally married. Several legal requirements must be met, and numerous factors must be evaluated, including but not limited to:

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A. Immigration History and Method of Entry

 

Whether your spouse entered the United States lawfully (with inspection at a port of entry) or unlawfully (without inspection) significantly impacts their eligibility for AOS. Past visa overstays, unauthorized employment, or prior removal orders may require additional legal steps or waivers.

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B. Criminal History

 

Certain criminal convictions—either in the U.S. or abroad—can make a spouse inadmissible. Not all offenses carry the same weight under immigration law. A careful analysis of criminal records is essential to determine whether a waiver may be needed or if eligibility is impacted.

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C. Grounds of Inadmissibility

 

Common grounds that may prevent a person from receiving a green card include but are not limited:

1. Prior immigration violations (e.g., unlawful presence)

2. Certain health conditions

3. Misrepresentation or fraud

4. Criminal convictions

5. Security or terrorism-related concerns

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D. Grounds of Removability (Deportability)

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If your spouse is already in the U.S., it’s also important to evaluate whether they could be subject to removal (deportation) based on current or past actions, such as overstaying a visa, entering without inspection, or committing certain offenses (visit our subpage about removal/deportation proceedings here: https://www.paez.law/home/removalproceedingseoir).

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E. Common Waivers

 

Some grounds of inadmissibility may be waived, depending on the circumstances. One of the most commonly used waivers in spousal cases are:

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Form I-601 – Application for Waiver of Grounds of Inadmissibility
 

Form I-601 is used to request a waiver of a variety of inadmissibility grounds, including but not limited to:

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1. Unlawful presence (beyond certain thresholds),

2. Certain criminal convictions,

3. Immigration fraud or misrepresentation,

4. Health-related grounds,

5. Certain prior immigration violations.

 

To be granted, the applicant must demonstrate that denying admission would cause extreme hardship to a qualifying relative, usually a U.S. citizen or lawful permanent resident spouse or parent.

 

The I-601 waiver is most often used in consular processing cases when the inadmissibility ground is discovered at the time of the immigrant visa interview, but it may also be used during adjustment of status or removal proceedings in specific cases. Because this waiver is discretionary, a well-documented showing of hardship is critical.

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Form I-601A – Provisional Unlawful Presence Waiver
 

Form I-601A is a limited waiver that addresses only the inadmissibility ground of unlawful presence (under INA §212(a)(9)(B)) and is designed for individuals currently in the U.S. who plan to complete their green card process through consular processing abroad. The key benefit is that applicants can obtain a provisional decision on the waiver before departing the U.S., thereby minimizing the time they must spend outside the country.

To qualify for an I-601A waiver:

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1. The applicant must have an approved Form I-130 and be statutorily eligible for an immigrant visa.

2. The only ground of inadmissibility must be unlawful presence (not other violations).

3. The applicant must demonstrate extreme hardship to a qualifying U.S. citizen or LPR spouse or parent.

4. The applicant must not have a final order of removal or other disqualifying factors, unless the order has been reopened or resolved through a separate legal process.

 

The I-601A does not waive criminal grounds, fraud, or prior removal orders. If such issues exist, a separate or additional waiver may be necessary.

 

Understanding whether a waiver is needed—and which one—is essential before filing any spousal green card application. In some cases, multiple waivers may be required (e.g., an I-212 plus an I-601). These applications are highly fact-dependent and should be prepared with careful documentation, legal analysis, and professional guidance.

 

Due to the complexity of waiver applications and the serious consequences of denial, we strongly recommend consulting with a licensed immigration attorney who can evaluate the full scope of your spouse’s immigration history and advise on the best course of action.

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The Emotional Impact and Mental Health Challenges

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Beyond the legal complexities, this process can be emotionally taxing, this is not just legal—it is deeply personal. Couples often experience significant stress, anxiety, and uncertainty—especially when the spouse is living overseas or when delays and requests for additional evidence arise.

 

Couples may be separated for extended periods, experience uncertainty over case outcomes, and face high emotional stress during interviews and wait times. The fear of denial or deportation can take a toll on mental health, relationships, and financial stability.

 

Being separated during the immigration process or dealing with unexpected obstacles can strain relationships and mental health. Having qualified legal support can help reduce this burden, offering structure and clarity in an otherwise stressful journey.

 

Working with a licensed and experienced immigration attorney can help reduce this anxiety. Attorneys can guide couples through the process with clarity and care, helping them prepare for the challenges ahead while avoiding common mistakes that can worsen the emotional burden.

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Why It’s in Your Best Interest to Hire an Immigration Attorney

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While U.S. immigration law allows you to file petitions without an attorney, doing so without legal counsel involves risks that many families do not anticipate. Here are some reasons why hiring legal representation is highly recommended:
 

• Comprehensive Case Evaluation: An attorney can assess your eligibility and identify any grounds of inadmissibility or deportability that must be addressed beforehand.

• Avoiding Mistakes: Form errors or missing documents are among the most common causes of delays or denials.

• Strategy and Timing: A lawyer can advise you on the best process (AOS vs. consular), the proper timing for each filing, and how to prepare for interviews.

• Representation and Advocacy: If complications arise, an attorney can manage requests for evidence (RFEs), waivers, or follow-up procedures.

• Legal Protection: In the event of a denial or risk of deportation, an attorney offers essential legal support.

• Peace of Mind: Knowing your case is in the hands of a professional allows you to focus on your life and family without constant worry.
 

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Move Forward with Confidence

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Sponsoring a spouse for legal permanent residency is a significant step that impacts not only your legal status but your family’s future. While general information like this can be helpful, only a licensed immigration attorney can evaluate your specific circumstances and determine the best course of action based on current law and procedures.

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We encourage anyone considering this process to consult with a qualified attorney before filing any documents with USCIS, the Department of State, or EOIR (Immigration Court). A well-prepared case can save time, reduce stress, and improve your chances of a successful outcome.

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Contact Us Today

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If you are thinking about applying for a green card for your spouse, we invite you to schedule a consultation. We are here to help you understand your options, identify potential challenges, and support you every step of the way.

Legal Disclaimer: This publication is for informational purposes only and does not constitute legal advice. Reading this content does not establish an attorney-client relationship. Always consult with a licensed immigration attorney to receive legal guidance appropriate for your case.