Lawful permanent residents, more popularly known as green card holders (“Green Card Holders”, are immigrants under the Immigration and Nationality Act (the “INA”), with rights, benefits, and privileges to reside in the United States permanently. Green Card Holders may petition U.S. Citizenship and Immigration Services, through form I-130, to grant a visa for a spouse or any unmarried children under the age of twenty-one (21). Form I-130 must be filed separately for each family member. For example, if you wish to apply for a visa for a spouse and two children, you will then need to file three separate Forms I-130.

In general, the U.S. Department of State allocates 226,000 visas per year to family-sponsored visas, including Form I-130. Oftentimes, demand for visas is higher than the supply of visas, so the U.S. Department of State has formed certain rules to govern how the visas are distributed. The visas are distributed according to the:

(1) Demand and supply of immigrant visas;

(2) The per-country visa limitations; and

(3) The number of visas allocated to your preference category.

The current estimates for a spouse living abroad, seeking a green card, and married to a green card holder is 23 to 32 months. By way of comparison, a spouse living abroad, seeking a green card, and married to a United States citizen, can expect to wait a period of 11 to 17 months. These are estimates and are meant to guide you rather than guarantee any time frame.