One of the most common petitions are Marriage petitions. The process for your spouse to become a US
Permanent Resident varies depending on whether they are inside the United States or outside.
Inside the United States
If your spouse is inside the US they may file for Adjustment of Status if they have been admitted, paroled, or if they are the beneficiary or are able to be grandfathered under a visa petition filed on or before April 30, 2001.
Outside the United States
If your spouse is outside the United States and you are already married you may file a Petition for Alien Relatives. When this is approved and a visa is available, it will be sent to the National Visa Center and for consular processing at the respective consulate or embassy. BPA lawyers can assist you with this process.
Conditional Residence and Removing Conditions
If you have been married less than 2 years when your spouse is granted permanent resident status, your spouse will receive permanent resident status on a conditional basis. To remove the conditions on residence, you and your spouse must apply together to remove the condition on your residence. If you are no longer together with your spouse you may apply for a waiver to remove the condition on your own.
You must apply to remove conditional status within the 90-day period before the expiration date on the conditional resident card. If you fail to file during this time, your spouse’s resident status will be terminated and he or she may be subject to removal from the United States. Use our Filing Calculator to determine your 90-day filing date. For more information, see the Remove Conditions on Permanent Residence Based on Marriage page.