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Permanent resident spouse Form: What You Should Know

To be petitioned together on your partner's behalf, both must be U.S. citizens and the petition must be filed before the immigrant visa (or adjustment of status (I-130) is approved. I-130 petition can be filed by either party. I-485 will not be filed if the petition is filed without the appropriate petition form. See the page for specific instructions about filing for spouse and dependents. The petition for the spouse will need to include: Proof of relationship (if married) or Proof of marriage and child support If you are not married to a U.S. citizen, and your partner is a U.S. citizen (other than non-naturalized), you must meet the marriage requirements to petition for a green card together. You must also have been legally married within five years of entering the United States as an immigrant or the application will be rejected. If the petition is filed on behalf of a non-U.S. citizen parent, a certified copy of a U.S. birth certificate or other documents from the principal U.S. country of citizenship, or an immigration benefit document such as a Social worker report, the parent must meet the marriage requirement to petition for a green card together. This parent could be your own son, daughter, brother or sister, adopted child or stepchild who is living with you in the United States. If you are already a legal partner and already filed for an adjustment visa, a U.S. citizen partner who is accompanying you is not required to have a separate petition for your green card application. Once your I-485 is approved, and you have arrived and are eligible for an LPR, you and your partner can file a Petition for Alien Relative. (If you are in a same-sex marriage, be sure to apply the same application process for your partner as you did for your own application. See the section on spousal petitions for more information.) Once married, you and your spouse must file a Petition for Adjustment of Status. (If you are already in a non-immigrant status and wish to marry again, see the section on petitioning for permanent U.S. residence.) Each green card application must include only one petition if the couple has a child living with you, so they may file a joint petition.

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