How long before I can apply for my spouse? 17 Answers as of December 06, 2011

Wait until you become a citizen.

You must wait for an additional 4 years, unless you already have the marriage before receiving the green card, then she may have derivative eligibility.

Why wait? You can apply right now and when you become a USC, your application for your spouse will be automatically upgraded to 1st preference.

You can apply for your spouse at anytime after you have a greencard, but the quotas are backed up several years.

It depends on how you got your permanent residence. But if there are no restrictions, then you can start the process now, however there is a 3 year backlog on the priority date.

You can petition for a spouse at any time after you receive lawful permanent residence unless you are a conditional resident or obtained your status through a marriage within the past five years.

If you are a permanent resident, you can apply for your spouse immediately. The process begins with the filing of an I-130 immigrant visa petition in which you must establish the bona fides of the relationship. Once the I-130 is approved, however, there will be a wait of several years because there is a backlog in the category for spouses of a permanent resident. You can see the current processing times for visas here: http://travel.state.gov/visa/bulletin/bulletin_5603.html If, however, you become a citizen, there is no backlog for the category of spouses of a citizen and your spouse can immigrate immediately. Once the case is current and a visa is available, the next step will depend on whether your spouse entered legally or illegally. If your spouse entered legally, the spouse can remain in the United States and apply for permanent residence on the basis of the marriage. The spouse must demonstrate that he or she entered the U.S. legally and that the marriage is a real marriage not solely for the purpose of immigration benefits. Together, you will file a packet of forms with the United States Citizenship and Immigration Service through a process called adjustment of status. While the application is pending, your spouse is entitled to work authorization and travel permission. If the case is approved, your spouse will be issued a conditional permanent resident card that is valid for two years. At the end of the two year period, you must both file another petition called a joint petition to remove conditions on residence and prove that the marriage is still valid. If approved, they will issue your spouse a 10 year unrestricted permanent resident card. If the spouse entered illlegally, then, most likely, the spouse will have to leave the U.S. to process his paperwork. The process begins with the filing of an I-130 immigrant visa petition in which you must establish the bona fides of the relationship. Once the I-130 is approved, the case is sent to the National Visa Center which is the hub for consular processing around the world. The National Visa Center will send you forms that you must complete on behalf of your spouse, including the affidavit of support. The affidavit of support is to demonstrate that you have sufficient income to prevent your spouse from obtaining welfare. After you complete the forms and send them to the National Visa Center, your spouse will be scheduled for an interview at the consulate. There, they will determine if there is anything in your spouse's past that would prevent him from immigrating such as crimes, immigration violations, etc. If your spouse has more than one year of unlawful presence in the U.S. your spouse will need a waiver at the consulate and will need to demonstrate that it will be an "extreme hardship" on you if the spouse is not readmitted. If everything goes well, he will enter as a permanent resident,subject to the two year rule described above.

You can petition for your spouse as soon as you are married but as a green card holder, you cannot confer any immediate immigration benefits upon her so you can petition for her but it will be about 2 years before she will be eligible for an immigrant visa on the basis of your petition, unless she can qualify for a student or work visa in her own right.

A lawful permanent resident can petition for their spouse, except if the Lawful Permanent Resident obtained their green card through marriage in the last five years. Even if the Lawful Permanent Resident can petition their spouse, the spouse will not be able to obtain a green card for several years. There are two steps to obtaining a green card based on marriage. First, you have to file a petition and second there has to be an available visa. For a US Citizen, there is an unlimited number of visas available and so there is always a visa available for their spouse. For a Lawful Permanent Resident there is a backlog of several years for obtaining a visa.

As a green card holder you can immediately petition for permanent residency for your wife. However; due to visa retrogression it will take almost 3 years for your wife to get her green card to enter the US. According to the December Visa bulletin, DOS is currently working on cases filed in March 2009 in your category of family based sponsorship.