I am a green card and wish to marry my fiancée, who is in India. Will I be able to bring her back to the U.S. with me?

Answer

While a U.S. citizen may sponsor a foreign national spouse as an immediate relative, the same does not hold true for a green card holder sponsoring a spouse. In this situation, the petition would fall under the family-based, second preference “A” (FB2A) category. After the I-130 petition is approved, one would need to wait for the priority date to become current before the immigrant visa can be issued (or the I-485 application can be filed, if the foreign national spouse is in the U.S.). The FB2A category is backlogged right now, and our best guess is that the process may take about 1-to-2 years to complete. (25.Oct.2023)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.

Copyright © 2023, MURTHY LAW FIRM. All Rights Reserved