U.S. residents or citizens may request permanent residency for certain family members. Now, what about a family petition from wife to husband? How is the immigration process for spouses? Today we will see what you should know about immigration procedures for spouses.
The family reunification process can secure the future of your loved ones. With it, they could obtain permanent status in the United States. However, it is not easy to obtain and takes a long time to process. But at Zava Immigration Law Group we can help you. Contact our professionals and secure your family’s future.
Table Of Contents
What is a family petition?
A family petition is an application filed by a citizen or permanent resident for an alien relative to obtain a green card. Only certain immediate family members are eligible, including spouses, children, parents, and siblings. Once they obtain residency, they will be able to live and work in the U.S. permanently.
Eligible family members change depending on the applicant’s immigration status. This makes the process changeable, making it confusing for any migrant. Therefore, the assistance of a lawyer is essential. At Zava Immigration Law Group we can help you. Tell us about your case and let’s clear all your doubts together.
Which family members are eligible for a family petition?
Eligible family members are specified in the preference categories. In the following table you will find what they are and which family members they include:
| Category | Family Members Included |
| First preference (F1) | Unmarried sons and daughters of U.S. citizens over 21 years of age. |
| Second Preference (F2A) | Spouses and unmarried children under 21 years of age of lawful permanent residents. |
| Second Preference (F2B) | Unmarried sons and daughters over 21 years of age of legal permanent residents. |
| Third Preference (F3) | Married sons and daughters of U.S. citizens. |
| Fourth Preference (F4) | Brothers and sisters of U.S. citizens under 21 years of age. |
These categories also determine the order in which family petitions are processed. This causes waiting times to vary. For this reason, it is best to seek the help of an attorney to follow up with you. At Zava Immigration Law we can help you. Talk to a lawyer and get the legal assistance you need.
Who qualifies for a wife to husband family petition?
A family petition from wife to husband is in category F2A. This means that any spouse of a resident or citizen qualifies for residency. However, you must be able to prove that your marriage is genuine. This means that you must not have married just to obtain an immigration benefit.
USCIS will require some evidence and will conduct a corroborating interview. An immigration attorney can assist you in this process. Our professionals will help you with the documentation and prepare for your interview. Tell us your case and secure your family’s future. Tell us your case and secure your family’s future.
How to request a family petition from wife to husband?
The process of a family petition from wife to husband can be summarized in these steps:
1: Gather the Necessary Documentation
Gather the necessary documentation for your wife to husband family petition application. Include copies of birth, marriage and divorce certificates. Also attach proof of the petitioner’s citizenship or residency and passport size photos.
2: Complete and Submit Form I-130
The citizen or resident must complete Form I-130 (Petition for Alien Relative). Once completed, file it with USCIS. This document establishes the family relationship and is the first formal step for the petition.
3: Adjustment of Status Process or Consular Processing
Once the I-130 petition is approved, the foreign spouse may adjust status within the United States through Form I-485. However, this is possible only if he or she is lawfully present in the country. Otherwise, he or she may opt for consular processing in his or her home country.
4: Interview and Biometric Examination
Once the application is filed, the beneficiary must attend an interview with USCIS. This will verify the authenticity of the marriage and the documentation submitted. A biometric examination will also be required to verify identity and perform background checks.
5: Receiving Permanent Residency and Renewal
Once the application is approved, your spouse will obtain permanent residency. This Green Card is generally renewed every 10 years. However, it is important to maintain continued compliance with the conditions of residency to avoid renewal problems.
For the family petition from wife to husband, you must demonstrate that your marriage is genuine. In addition, you may need to go through the consular process. For this reason, an experienced attorney can make all the difference. At Zava Immigration Law we can help you. Contact us and secure the future of your loved ones.
What documents do I need to file a family petition from wife to husband?
In the following table, you will find all the necessary documentation to file a family petition from wife to husband.
| Necessary Documents | Details |
| Form I-130 | Petition for Alien Relative |
| Form I-485 | Application to Register Permanent Residence or Adjust Status |
| Birth certificates | Translated copy if necessary of the beneficiary, U.S. citizen, and all children. |
| Marriage certificate | Copy of the original and translated (if not in English). |
| Divorce certificate (if applicable) | Copy of the original and translated (if not in English). |
| Proof of petitioner’s U.S. citizenship or residency. | Birth certificate, passport, naturalization certificate. |
| Last year’s tax forms | Complete copy of 1040, W-2 and 1099 forms for the last 2 or 3 years. |
| Passport size photographs | 2 of the citizen or resident and 6 of the beneficiary. |
| Criminal record (if applicable) | Certified copy of complete police and court file. |
Presenting documentation is key in any immigration process. However, putting it together is no easy task. In addition, if your case requires it, you may need certain additional documents. An attorney can gather the necessary documentation for your case, avoiding delays and problems. Contact us and get the assistance you need.
Additional documents for the USCIS interview
Remember that you must also gather evidence to prove the authenticity of your marriage. These will be discussed at the interview with USCIS. These include:
- Copy of the joint tax return (if the marriage is prior to December 31 of the previous year).
- Copy of bank statements for all financial accounts, including spouse as co-signer.
- Copies of photographs (6 in total): pre-wedding, wedding, post-wedding (photos with family and friends are preferred).
- Copies of bills with the names of both spouses: credit cards, utility bills, telephone.
- Copies of joint insurance policies (health, auto, property).
- Copy of lease(s) with both parties included.
- Copy of joint asset records (stocks, bonds, properties).
- Copy of driver’s license or state ID card (beneficiary and petitioner).
- Children’s school records (if either spouse has children in school).
Proving that your marriage is authentic is essential to your family’s wife-to-husband petition. In addition, marrying for immigration benefits alone is considered fraud. This offense has serious consequences, such as deportation or imprisonment. Therefore, it is best to seek the assistance of an attorney. Tell us your case and secure your family’s future.
How long does it take to process a wife to husband family petition?
The average waiting period for a wife to husband family petition is 7-24 months. However, please note that the estimated waiting times depend on the Visa Bulletin. These are subject to change depending on the location and workload of the USCIS office handling your case.
Do I have to pay a fee for filing a wife to husband family petition?
Yes, you must pay the filing fees for Form I-130 and Form I-485. In addition, you must pay the biometric examination fee and, if applicable, the penalty for illegal entry with Form I-485A.
How long does a spouse’s Green Card last?
A green card for a spouse is valid for 10 years. It is best to renew it 6 months prior to expiration. However, the green card will remain valid only if you maintain a continuous presence of more than 180 days per year in the United States. In addition, you must continue to meet the requirements for residency.
Is there a limit to the number of family members I can sponsor?
There is no limit on the number of people you can sponsor for U.S. residency by family petition. However, a limited number of applications are accepted each year, which may cause waiting lists in some categories.
What to do if my residency petition is denied?
If your application for U.S. residency by family petition is denied, you can appeal the decision or file a new application if your situation changes. It is crucial to consult with an immigration attorney to explore your options.
Family Immigration Lawyers: Visa for Spouse in the U.S.
The wife-to-husband family petition is a way to help your spouse obtain permanent status. However, it is not the only legal remedy for this. There are other types of spouse visas in the United States. An example of this is the fiancé visas, which are also a step to adjust your status.
Each has its own eligibility requirements. In addition, the process and documentation required varies. For this reason, the help of family immigration attorneys can make all the difference. They can choose the best option for your case. At Zava Immigration Law Group we can assist you. Contact us and take the first step towards a better life in the United States.
Other Resources
I-130 Family Petition: What You Should Know
Form N-400: Road To Citizenship
Exploring the Different Categories of Family Residency in the U.S.
Approved Juvenile Status: How to Start on the Road to Permanent Residency
Consular Processing: A Step-by-Step Detailed Guide
Consular Interview for Residency: Everything You Need To Know
Sibling-to-Sibling Family Petition: Requirements, Steps & More
What Year Sibling-to-Sibling Petitions Go In 2024
Sources
USA.gov – Applying for a permanent residency or “Green Card” for a family member
USCIS – Permanent Residency for Family-Based Immigrants
USCIS – I-130, Petition for Alien Relative USCIS– I-485, Application to Register Permanent Residence or Adjust Status
