LPR requirements to sponsor spouse

[MK89 0]

Hey! Does anyone have an idea what requirements a US permanent resident need to meet before their spouse will be given a green card when his/her application comes through? e.g how much time the LPR should have in the US? What do u have to show in the affidavit? thanks for your help.

[Penguin_ie 5,996]

*** Moving from K1 fiance visa to Bringing Family of LPR ****

You don't need to have a specific time in the USA, as long as you as a greencard holder and still resident in the USA.

The affidavit of support and all other forms are the same as if you were a US Citizen filing for a spouse, but you will have a 2-3 year wait.

[JimVaPhuong 4,863]

*** Moving from K1 fiance visa to Bringing Family of LPR ****

You don't need to have a specific time in the USA, as long as you as a greencard holder and still resident in the USA.

The affidavit of support and all other forms are the same as if you were a US Citizen filing for a spouse, but you will have a 2-3 year wait.

Caveat: If the LPR originally obtained their immigrant status through marriage to a US citizen or LPR then they aren't eligible to submit a petition for a spouse until they've been an LPR for five years. They can get a waiver for this if they can prove with "clear and convincing evidence" that they entered the prior marriage in good faith. They can also get a waiver if the prior marriage ended because of the death of their spouse.