In order to bring your spouse (husband or wife) or child (under 21 years of age) to live in the United States as a Green Card holder (permanent resident), you must be either a U.S. citizen or Green Card holder.
To complete the process, the petitioner must submit:
1. Form I-130, Petition for Alien Relative (signed with proper fee), with all required documentation, including:
2. A copy of your civil marriage certificate
3. A copy of all divorce decrees, death certificates, or annulment decrees that demonstrate that all previous marriages entered into by you and/or your spouse were terminated
4. Passport style photos of you and your spouse (see Form I-130 instructions for photo requirements)
5. Evidence of all legal name changes for you and/or your spouse (may include marriage certificates, divorce decrees, court judgment of name change, adoption decrees, etc.)
If you are a U.S. citizen, you must demonstrate your status with:
A copy of your valid U.S. passport OR
A copy of your U.S. birth certificate OR
A copy of Consular Report of Birth Abroad OR
A copy of your naturalization certificate OR
A copy of your certificate of citizenship
If you are a Green Card holder (permanent resident), you must demonstrate your status with:
A copy (front and back) of Form I-551 (Green Card) OR
A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence
Conditional Residence and Removing Conditions:
If you have been married less than 2 years when your spouse is granted permanent resident status, your spouse will receive permanent resident status on a conditional basis. To remove the conditions on residence, you and your spouse must apply together using Form I-751, Petition to Remove the Conditions of Residence. (Note that Form I-90, Application to Replace Permanent Resident Card, is not used for this purpose.)
You must apply to remove conditional status within the 90-day period before the expiration date on the conditional resident card. If you fail to file during this time, your spouse’s resident status will be terminated and he or she may be subject to removal from the United States. Use our Filing Calculator to determine your 90-day filing date. For more information, see the Remove Conditions on Permanent Residence Based on Marriage page.
Bringing Children, Sons and Daughters to Live in the United States as Permanent Residents:
If you are a U.S. citizen, you may petition for:
1. Children (unmarried and under 21)
2. Unmarried sons and daughters (21 or over) - Your son or daughter’s child(ren) may be included on this petition.
3. Married sons and daughters (any age) - Your son or daughter’s spouse and/or child(ren) may be included on this petition
If you are a Permanent Resident, you may petition for:
1. Children (unmarried and under 21) - Your child’s child(ren) may be included on this petition.
2. Unmarried sons and daughters (21 or over) - Your son or daughter’s child(ren) may be included on this petition.