EAD Work Permit, Family Immigration, Green Card

Green card holder petitioning spouse

Q: I live in the US and my new husband lives in Canada. I am a permanent resident and would like to sponsor my spouse for a green card. How long will the process take, and can he come live with me in the US and obtain a work permit while he waits for the approval?

A: Congratulations on your recent marriage. Yes, green card holders (also called permanent residents or LPR’s) can petition for their spouses, however, the priority dates are not current for spouses of LPR’s. The Visa Bulletin shows that the current wait is about 6 months for these spouses. That means you could submit a petition for your husband, and then he would wait about 6 months initially, and then another 6-9 months for general processing. Filing a marriage petition for your spouse would not in itself give him a status in the US. He could only enter and remain in the US if he has another separate valid visa status. Most likely, he would need to wait in Canada until the process is complete.

If you are eligible to naturalize, that could help speed up the process a bit. Spouses of a US Citizen do not have to wait, and are immediately eligible to apply (meaning they only wait the general 6-9 months.)

 

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