Even when U.S. immigration laws are strict, they still provide legal pathways for U.S. citizens and permanent residents to reunite with their loved ones in the United States and keep their family together.
If you are a U.S. citizen or lawful permanent resident and wish to bring your husband to the United States, you will need to complete a process known as a Petition for Alien Relative. Jaskot Law brings you this complete guide that will show you how to file a family petition from wife to husband. Read on to find out all the details.
All about the Petition for Alien Relative: What is it, and how is it done?
Family is one of the most important pillars of society, which is why U.S. immigration laws provide different legal pathways for families to stay together. However, the Petition for Alien Relative can be a complex process and the U.S. citizen or permanent resident must complete a number of steps and requirements to ensure a successful outcome.
A U.S. resident may request that their husbands, children, or other close relatives join them in that country by filing Form I-130 with the U.S. Citizenship and Immigration Services (USCIS).
Is it possible for a wife to petition for her husband?
It is possible for a wife to petition for her husband to obtain a U.S. green card through the family petition process under the immediate relative preference category.
However, it is important to note that the petition process does not guarantee automatic approval. USCIS conducts a rigorous review to verify the authenticity of the marriage and ensure that it is not being performed solely for immigration purposes.
Wife to Husband Family Petition Requirements
Making a petition for an alien relative from wife to husband is a process that consists of several steps, which are essential to know in order to obtain the desired results. It should be noted that this process involves more than the submission of a single document, and may include proof of the petitioner’s citizenship or permanent resident status, proof of the marital relationship, and payment of the appropriate fees.
What documentation do I need to petition for my husband?
To file a wife-to-husband petition, in addition to filing Form I-130, Petition for Alien Relative, which establishes the legitimate relationship between you and your spouse, additional documentation is required to be filed with USCIS to complete the process. These are some of the documents required to file a petition:
- Form I-130
- A copy of your marriage certificate.
- Other documents proving the genuine bond of marriage.
- Personal and spouse’s passport photo or birth certificate.
- If necessary, copy of documentation proof of divorce, annulment, or death. In case you have been married before, it will be necessary to prove that the marriage has been legally terminated.
- If necessary, supporting documentation of name change for any of the interested parties.
What documentation does my spouse need to submit?
If your husband is on U.S. soil, he or she may submit other documents to the U.S. Citizenship and Immigration Services (USCIS) at the same time the Form I-130 is filed, including the following:
- Form I-485, Permanent Resident Registration or Adjustment of Status
- Form I-693, Report of Immigration Medical Examination and Vaccination Records
- Form I-864, Affidavit of Financial Sponsorship under Section 213A of the Act
- Form I-765, Application for Employment Authorization
If your spouse is in the United States
If you are a U.S. citizen and your husband is in the United States through lawful entry or advance permission to travel, you must file Form I-130, Petition for Alien Relative and Form I-485, Application for Permanent Residence or Adjustment of Status jointly.
If you are a permanent resident of the United States and your spouse is in the United States through lawful entry or advance permission to travel, you should file Form I-130 and, when a visa number is available, apply for Adjustment of Status to permanent resident on Form I-485.
If your spouse is located outside the United States
If you are a U.S. citizen and your husband is outside the U.S., you must file Form I-130, and when approved, it will be sent for consular processing.
If you are a permanent resident of the United States and your husband is in the United States through lawful entry or advance permission to travel, you must file Form I-130 and, when approved, it will be sent for consular processing.
In both cases, the U.S. Embassy or Consulate will provide you with information about the process.
Steps for Making a Petition for Alien Relative from Wife to Husband
This type of process is complex and certain steps must be followed in order to make a successful wife-to-husband family petition. The steps are as follows:
STEP 1: Eligibility verification.
STEP 2: Complete Form I-130 and file it with USCIS, along with the filing fee and supporting documentation.
STEP 3: Once the petition is received by USCIS, they will provide you with a receipt notice attaching your case number. Citizenship and Immigration Services will review your petition and make a decision.
STEP 4: If USCIS decides to approve the petition, it will be referred to the National Visa Center (NVC).
STEP 5: The NVC will contact the petitioner when a visa becomes available. Once this occurs, you will be asked to submit the necessary documents for consular processing.
STEP 6: The beneficiary must attend an interview at the U.S. embassy or consulate and present any additional required documents.
STEP 7: Wait for the result of the visa petition. If approved, the beneficiary will be able to plan his or her trip to the United States. In order to enter the country, the immigrant fee must be paid, and once on U.S. soil, the person will become a permanent resident.
Can my husband come to live in the United States while the visa petition is pending?
If you are a U.S. citizen, your husband may apply for a K-3 non-immigrant visa. This visa will allow you to come to live and work in the United States while your visa application is pending.
This type of visa provides the opportunity for your spouse to travel to the United States prior to the outcome of the visa, and can be obtained by filing Form I-129F. For more information, you can go to the official USCIS page for K-3/K-4 non-immigrant visas.
If you are a permanent resident, and you filed Form I-130 no more than three years ago, your spouse may be eligible to apply for a V visa. For more information on this, you can go to the official USCIS page for V non-immigrant visas.
What to do in case of rejection of the request?
If your request has been rejected, it is essential not to lose hope. In many cases, the U.S Citizenship and Immigration Services (USCIS) offers the opportunity to appeal the decision or file a motion to reopen or reconsider your case.
In this instance, it is important to consider which option is best for you and remember that each case is unique and individual circumstances will determine the best course of action. In the meantime, keep in mind that an appeal involves asking a higher authority to review the decision, while a motion to reconsider is based on legal arguments or new facts.
Benefits of having an immigration attorney for a petition for alien relative from wife-to-husband
Considering the complexity of the process and the documents to be submitted, having an immigration attorney for a wife’s family petition to a husband can be beneficial.
They will be able to guide you through the process and ensure that all required documents are attached to your application. This thoroughness is crucial to avoid rejections or delays in the immigration process, as a minor mistake can lead to serious consequences.
Frequently Asked Questions
Can a U.S. resident file a family petition for her husband?
Yes, you can. A wife who is a U.S. citizen or lawful permanent resident may petition for her husband to obtain a U.S. green card through the family petition process. However, it is important to remember that this process does not guarantee automatic approval.
Can my husband come to live in the United States while we are waiting for visa petition approval?
If you are a U.S. citizen, your spouse can apply for a K-3 Visa that will allow him or her to live and work in the U.S. while the visa application is pending. If you are a permanent resident and have filed Form I-130 within the last three years, your spouse may be eligible to apply for a V Visa.
What documents are required to make a family petition from wife to husband?
To file a spouse-to-spouse family petition, it is necessary to submit Form I-130, a copy of the civil marriage certificate, passport photographs of both spouses, and additional documentation proving the authenticity of the marriage. In case of previous marriages, documentation will be required to prove that these have legally ended.
What happens if the family petition from wife to husband is rejected?
If your request is rejected, you should not lose hope. USCIS offers the opportunity to appeal the decision or file a motion to reopen or reconsider your case. It is important to consider which option is best for you and remember that each case is unique.
