Sponsoring a spouse for a green card allows U.S. citizens and lawful permanent residents (green card holders) to petition for their foreign spouses to live permanently in the United States. Depending on the sponsor’s immigration status and whether the spouse is inside or outside the U.S., the process varies.

The two primary pathways are:

1. Consular Processing – For spouses living abroad, they must apply for an immigrant visa at a U.S. consulate.
2. Adjustment of Status – For spouses already in the U.S. on a valid visa, they can apply for permanent residency without leaving the country.

The processing times, eligibility requirements, and steps differ depending on whether the petitioner is a U.S. citizen or a green card holder (lawful permanent resident).

• Same-sex and opposite-sex couples have equal rights under U.S. immigration law.
•  If the marriage is legal in the country where it was performed, it is valid for U.S. immigration.
• LGBTQ+ couples can apply for a spouse visa (CR1/IR1) or fiancé(e) visa (K-1) just like any other couple.
• The process and required evidence (such as proof of a bona fide relationship) remain the same.

If your spouse is outside the U.S., they will need to apply for an immigrant visa through the U.S. consulate in their home country. The steps include:

1. Filing Form I-130 (Petition for Alien Relative) – Submitted by the U.S. citizen or green card holder sponsor to USCIS to prove a valid marital relationship.
2. Approval & NVC Processing – Once approved, the case is transferred to the National Visa Center (NVC), where financial and supporting documents are reviewed.
3. Consular Interview – The foreign spouse attends an interview at the U.S. embassy or consulate.
4. Immigrant Visa Issuance – If approved, the spouse receives an immigrant visa and can enter the U.S. as a lawful permanent resident.
5. Receiving the Green Card – The spouse receives their physical green card after arriving in the U.S.

📌 Processing Time:

For U.S. citizens: ~12–18 months
For green card holders: ~24–36 months (subject to visa bulletin availability)

If your spouse is already in the U.S. on a valid visa, they may be eligible to apply for a green card without leaving the U.S. through Adjustment of Status (AOS).

Steps for Adjustment of Status:
1. Filing Form I-130 & Form I-485 (Green Card Application) – A U.S. citizen can file these together (concurrent filing), while a green card holder must wait for visa availability.
2. Biometrics Appointment – USCIS collects fingerprints, photos, and background checks.
3. Work & Travel Authorization (Optional) – If Form I-765 (work permit) and Form I-131 (travel permit) are filed, the spouse may receive temporary authorization.
4. Interview with USCIS – Both spouses attend an interview at a USCIS field office to verify the marriage is genuine.
5. Green Card Approval – If approved, the spouse receives lawful permanent residency.

📌 Processing Time:

For U.S. citizens: ~12–18 months (faster due to immediate relative category)
For green card holders: ~24–36 months (depends on visa bulletin and priority date)

• U.S. citizens have a faster processing time because their spouses are considered immediate relatives, meaning no visa backlog.
• Green card holders must wait for visa availability under the F2A category, which is subject to annual limits.
• If your spouse is in the U.S., a U.S. citizen can file AOS immediately, while a green card holder may have to wait for visa availability before filing.