Spouse’s Citizenship

The main differences between applying for a green card through a U.S. citizen spouse versus a green card holder spouse revolve around processing time and visa availability. If you are married to a U.S. citizen, you are classified as an “immediate relative,” meaning there is no cap on the number of visas available, and your green card process typically moves faster, usually taking 10 to 14 months. On the other hand, if your spouse is a green card holder, you fall under the “family preference” category, where visas are limited. This means you may need to wait months or even years for a visa number to become available before applying. Additionally, spouses of U.S. citizens can adjust their status in the U.S. even if they overstayed their visa, while spouses of green card holders must be more cautious about maintaining their status during the process.

Yes, you can apply for a green card if your spouse is a green card holder (lawful permanent resident) rather than a U.S. citizen, but there are a few differences compared to applying through a U.S. citizen spouse. One of the main differences is the timeline; spouses of green card holders may need to wait longer for an available visa number, which can add months or even years to the process. Additionally, while your application is pending, maintaining your current legal status is crucial, as overstaying your visa could complicate or even jeopardize your ability to get a green card. However, once a visa number becomes available, the rest of the process is similar, and you can apply for either Adjustment of Status (if you’re in the U.S.) or go through consular processing abroad.