How Long Does It Take to Bring a Spouse to the U.S.?

If your question is how long does it take to bring a spouse to the U.S., you are dealing with one of the most favorable categories under the family immigration system.

U.S. immigration law considers the spouse of a U.S. citizen an immediate relative, which means there are no annual visa caps or category-based waiting lists.

However, that does not mean the process is immediate or automatic. The appropriate path depends on the specific circumstances of the case. That is why our Lluis Law immigration lawyers in Los Angeles can review your situation and explain which option may be appropriate for you.

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What requirements apply when asking how long does it take to bring a spouse to the U.S.?

If you are a U.S. citizen, you may file a petition for your husband to obtain lawful permanent residence.

To begin the process, you will need to submit proof of your U.S. citizenship to USCIS, along with documents showing that your marriage is legally valid and genuine.

Documents and forms needed to petition for your husband

Some of the main requirements include:

• Provide proof that you are a U.S. citizen, such as a birth certificate, U.S. passport, or certificate of naturalization.
• If you submit documents in a language other than English, you must include a complete English translation along with the translator’s required certification.
• File Form I-130 to petition for your husband as an eligible relative and begin the family-based permanent residence process.
• Complete Form I-130A, which provides additional information about the beneficiary spouse.
• Submit your marriage certificate and, if either spouse was previously married, documents showing that all prior marriages were legally terminated.
• Provide evidence that the marriage is bona fide, meaning it was not entered into solely to obtain an immigration benefit. Examples may include joint bank accounts, leases, and photographs documenting your relationship.

Financial and immigration requirements

At the appropriate stage of the process, you will also need to meet additional requirements, including:

• Financial sponsorship: The U.S. citizen petitioner will generally need to submit Form I-864 and show income of at least 125% of the applicable Federal Poverty Guidelines for the household size. If her income is insufficient, certain assets or a joint sponsor may be available in some cases.
• Medical examination: The husband must complete the immigration medical examination required for the permanent residence process.
• Admissibility: Immigration authorities will also determine whether any ground of inadmissibility could prevent the husband from obtaining a marriage-based Green Card. If an issue arises, it may be necessary to determine whether a waiver of inadmissibility or another form of relief may be available.

Does the process change depending on where your husband is located?

If your husband is already in the United States and meets the requirements, he may be able to apply for permanent residence through adjustment of status. 

If he is outside the United States, he will generally need to complete the case through consular processing.

How long does a petition for my husband take?

There is no single processing time for every marriage-based permanent residence case. Timing can vary depending on USCIS processing, the circumstances of the case, and what happens after the I-130 is approved. 

For petitions filed by lawful permanent residents, immigrant visa availability and the applicant’s immigration priority date may also affect the timeline.

Other factors that can affect processing time include:

• The USCIS service center or office handling the case.
• Requests for additional evidence.
• Errors or missing documents.
• Processing by the NVC and U.S. consulate if the husband lives outside the United States.
• Visa availability in cases involving lawful permanent resident petitioners.

For this reason, it is better to check current USCIS processing times and, for F2A cases, also review the U.S. Department of State Visa Bulletin rather than relying on a fixed number of months.

How can I check the status of my husband’s petition?

When USCIS receives the case, it issues a receipt number that can be used to check the status of the petition online.

• With USCIS: Use the receipt number to check the progress of the I-130.
• With the NVC: If the case moves to consular processing, you will receive additional case information that allows you to continue tracking it.

What is the process for petitioning for my husband?

Although some cases require additional steps, a marriage-based permanent residence petition generally begins with Form I-130. 

After that, the process changes depending on where the husband is located and whether he is eligible to apply for permanent residence from within the United States. The main steps are outlined below:

Filing the family petition

The U.S. citizen files Form I-130 with USCIS to establish the qualifying family relationship with her husband. Form I-130 may be filed online or by mail.

Spousal petitions also include Form I-130A and supporting documents related to the marriage.

Continuing through consular processing

If your husband lives outside the United States, once USCIS approves the I-130, the case is generally sent to the National Visa Center (NVC) to continue the immigrant visa process for spouses of U.S. citizens.

During this stage:

• The husband completes Form DS-260, the online immigrant visa application.
• Form I-864 and the required financial documents are submitted.
• The required civil documents are submitted, such as birth and marriage certificates, along with any other documents applicable to the case.
• The required immigration medical examination is completed.
• Finally, the husband must attend a consular interview before the immigrant visa can be approved.

Applying for adjustment of status in the United States

If your husband is in the United States and is eligible to do so, he may be able to apply for permanent residence using Form I-485, Application to Register Permanent Residence or Adjust Status.

Immediate relatives of U.S. citizens may, in certain circumstances, file the I-130 and I-485 at the same time.

Important: The way your husband entered the United States, his current immigration status, and any potential immigration violations can affect whether he is eligible for adjustment of status. You should not assume that everyone physically present in the United States can use this process.

What happens after the immigrant visa is approved?

If the immigrant visa is approved, your husband can travel to the United States while the visa remains valid. Once he is admitted to the country:

• He becomes a lawful permanent resident.
• He may live and work in the United States as a permanent resident.
• He will generally need to pay the USCIS Immigrant Fee so USCIS can produce and mail his physical Green Card.

Can my husband live in the United States while the petition is pending?

Filing Form I-130 by itself does not authorize your husband to enter, live, or work in the United States, even if the petition is approved. In general:

• If he is outside the United States, he must continue through the appropriate immigration process.
• If he is already in the United States, whether he can remain in the country and apply for permanent residence will depend on his immigration circumstances and whether he qualifies for adjustment of status.

What about the K-3 visa?

In some cases, the husband of a U.S. citizen may apply for a K-3 visa while the I-130 remains pending.

To pursue this option, Form I-129F is filed after the I-130. However, the K-3 is used only in limited circumstances because if the NVC receives the approved I-130 before or at the same time as the I-129F petition, the K-3 case is closed and processing continues through the appropriate immigrant visa category, such as CR-1 or IR-1.

Can I also petition for my husband’s children?

Your husband’s children are not automatically included in the I-130 petition filed for him. In addition, generally: 

• A separate petition must be filed for each eligible child.
• If the child is your stepchild, the marriage that created the stepparent relationship must have taken place before the child turned 18.
• Eligibility must be evaluated individually for each child.

If you need information about adult children, see our guide explaining whether a U.S. citizen can sponsor a child over 21.

Can my husband travel while his adjustment of status is pending?

If your husband has a pending Form I-485, he should be especially careful before leaving the United States because:

• Leaving the country without the appropriate travel authorization may cause USCIS to consider the adjustment of status application abandoned.
• In certain cases, Advance Parole may be requested before traveling.
• Having a pending I-130 or I-485 does not automatically mean he can leave and reenter the United States without immigration consequences.

Exceptions exist, and the answer may vary depending on the person’s immigration status. For that reason, it is advisable to review the case before traveling abroad while an adjustment of status application is pending.

If you want to explore other family reunification options, you can also learn about bringing parents to the United States through a U.S. citizen child and whether a U.S. citizen can sponsor a brother or sister.

Can my husband work while waiting for his Green Card?

Depending on his immigration circumstances, your husband may be able to work while waiting for his Green Card. However, filing the I-130 by itself does not provide employment authorization.

If your husband is in the United States and has a pending adjustment of status application filed on Form I-485, he may be eligible to apply for employment authorization using Form I-765.

Therefore:

• A pending I-130 does not authorize him to work.
• If he has a pending I-485, he may be able to apply for an Employment Authorization Document (EAD).
• Your husband should not begin working solely because the family petition has been filed. He must have valid authorization to work.

What happens if we have been married for less than two years when my husband becomes a permanent resident?

If you and your husband have been married for less than two years on the date he becomes a lawful permanent resident, he will generally receive a conditional Green Card valid for two years.

This means:

• Your husband is still a permanent resident, but his status is conditional.
• His conditional permanent residence is valid for two years.
• Before that period ends, he will need to request removal of the conditions on his residence.
• This is generally done by filing Form I-751, Petition to Remove Conditions on Residence.

When is Form I-751 filed?

When Form I-751 must be filed jointly with the spouse, USCIS generally requires it to be submitted during the 90-day period immediately before the conditional permanent resident status expires.

This process allows the couple to show that the marriage on which permanent residence was based was entered into in good faith and not solely to obtain an immigration benefit.

In certain situations, it may also be possible to request a waiver of the joint filing requirement. This may apply, for example, when the marriage has ended or when other circumstances recognized under immigration law are present.

What can delay my husband’s petition?

Factors that can delay a marriage-based petition include:

• Incomplete forms, errors, or missing documents.
• Requests for Evidence (RFEs).
• Insufficient evidence that the marriage is bona fide.
• Missing or incorrect translations.
• Problems with Form I-864 or the financial sponsorship requirements.
• Immigration history, inadmissibility issues, or additional administrative processing.

Submitting a complete and accurate case from the beginning can help reduce unnecessary delays.

Can an I-130 petition for my husband be expedited?

There is no premium processing service for Form I-130, so you cannot pay an additional fee simply to receive a faster decision.

However, USCIS allows applicants and petitioners to request expedited processing in certain cases involving special circumstances. These may include:

• Emergencies requiring especially urgent action.
• Urgent humanitarian reasons, depending on the circumstances of the case.
• Severe financial loss to a person or company.
• Other exceptional situations that meet USCIS expedite criteria.

Note: Requesting expedited processing does not guarantee that USCIS will grant the request. Each request is evaluated individually, and supporting evidence will generally be needed to establish the urgency.

Frequently asked questions about how long does it take to bring a spouse to the U.S.

How long does a petition from a U.S. citizen for a husband take?

There is no single timeline. Processing time depends on USCIS, the immigration path being used, and the specific circumstances of the case.

What do I need to petition for my husband if I am a U.S. citizen?

You will generally need to file Form I-130 and Form I-130A, provide proof of U.S. citizenship, submit your marriage certificate, and include evidence showing that the marriage is bona fide.

How much does it cost for a U.S. citizen to petition for a spouse?

The total cost depends on the forms involved and whether the case proceeds through adjustment of status or consular processing. You should always check the current fees published by USCIS and the U.S. Department of State.

What is the fastest way to bring your spouse to the United States?

There is no single fastest option for every case. If the husband is already in the United States and meets the requirements, it may be possible to file the I-130 and I-485 concurrently.

Can I bring my wife to the United States after we get married?

Yes. Once a legally valid marriage has taken place, Form I-130 may be filed. There is no minimum period of marriage that must pass before filing the petition.

Reunite with your husband or wife with help from our attorneys

Petitioning for your spouse may seem straightforward, but the way your spouse entered the country, their immigration history, and the evidence supporting the marriage can significantly affect the legal strategy for the case.

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At Lluis Law, David and Ramiro Lluis form a legal team with more than 60 years of combined immigration experience.

With Cuban roots, they assist couples in both English and Spanish and understand firsthand what it means to build a life in this country. Contact us to review your immigration history, determine whether adjustment of status or consular processing is appropriate, and prepare your case.