Green Card for the Spouse of a Green Card Holder: Steps

Who can file and what F2A means

A lawful permanent resident (LPR) may file a petition for a spouse (8 CFR 204.2(a)(1)). The spouse and the unmarried children under 21 of an LPR are in the second preference family category, F2A. Congress sets a yearly limit on these visas, and the State Department publishes the Visa Bulletin each month to show which priority dates can move forward.

A U.S. citizen’s spouse is an “immediate relative” and does not wait for a visa number. If the sponsor later becomes a citizen, see Green card for the spouse of a U.S. citizen and Citizenship for green card holders.

If the spouse lives outside the U.S.

Details such as the exact forms, the documents and the interview rules depend on the spouse’s country and on the facts of the case.

1. The LPR files Form I-130, Petition for Alien Relative, with USCIS, online or on paper. USCIS sends a receipt notice that shows the priority date.
2. The petitioner and the spouse wait until the priority date is earlier than the date the Visa Bulletin shows for the spouse’s country and category. USCIS explains how priority dates and visa availability work on its visa availability page.
3. After approval, the National Visa Center handles the case. The spouse completes Form DS-260, the petitioner files the Form I-864 affidavit of support, and both submit civil documents and fees.
4. The spouse attends an interview at a U.S. embassy or consulate. If the visa is issued, the spouse becomes a permanent resident on admission to the U.S.

If the spouse is already in the U.S.

Some spouses in the U.S. can apply for a green card without leaving, through adjustment of status on Form I-485. The earlier version of this guide said that USCIS does not allow spouses of permanent residents to file at the same time as the I-130. That is not correct today. USCIS allows concurrent filing of Form I-130 and Form I-485 for a spouse of an LPR when a visa number is immediately available, meaning the priority date is earlier than the date in the Visa Bulletin chart that applies to the spouse, or the chart shows “C” (current). The spouse must also be physically in the U.S.

If no visa number is available yet, the spouse cannot file Form I-485 until the priority date becomes current. The I-130 can be filed first and the I-485 later.

• A spouse who adjusts status must have been inspected and admitted or paroled into the U.S. (8 U.S.C. 1255(a)).
• The exceptions to the lawful-status requirement in 8 U.S.C. 1255(c) cover immediate relatives of U.S. citizens. They do not cover F2A spouses, so an F2A spouse who worked without permission or fell out of status may be barred from adjusting.
• A spouse who has been unlawfully present in the U.S. may face a bar when leaving to attend a consular interview. USCIS offers a provisional waiver on Form I-601A, filed before the spouse leaves, for certain relatives of citizens and permanent residents, and Form I-601 for other waivers. Speak to an attorney before any trip abroad.

Proving that the marriage is genuine

USCIS and the consulate look for evidence that the marriage is real and was not entered into to evade immigration laws. The Policy Manual lists joint property, a lease showing joint tenancy, shared finances, birth certificates of children and affidavits of people with personal knowledge. See Bona fide marriage: writing a support letter.

Children of the spouse

An unmarried child of the spouse who is under 21 may be able to immigrate too. A child can be a stepchild of the permanent resident if the marriage took place before the child turned 18 (8 CFR 204.2(a)(1)(iv)). Whether the child is included with the spouse or needs a separate petition depends on the child’s age and the facts, so check this with an attorney before filing.

If the sponsor became a permanent resident through marriage

The law limits approval of a petition when the sponsor obtained permanent residence through an earlier marriage and the new marriage came soon after (8 U.S.C. 1154(a)(2)(A); 8 CFR 204.2(a)(1)(i)). USCIS may approve the petition if one of these is true:

• five years have passed since the sponsor became a permanent resident;
• the sponsor shows by clear and convincing evidence that the earlier marriage was not entered into to evade immigration laws; or
• the earlier marriage ended with the death of the former spouse (8 CFR 204.2(a)(1)(i)(A)).

Government fees

On the USCIS fee schedule (Form G-1055, edition 10/16/26), Form I-130 costs $625 online or $675 on paper, and Form I-485 costs $1,390 online or $1,440 on paper. Fees change, so check the schedule on the day of filing.