Q: How can my non-U.S. husband get a green card?

A: OK, a United States citizen can sponsor her spouse for a green card if that spouse entered the United States with permission. It does not matter if the foreign spouse has overstayed his visa, but he has to prove that he entered legally. If there is no legal entry by the foreign spouse, you can still sponsor him, but he would need to file a waiver, and he would have to go back to his country for the marital interview. You should research our backgrounds and reach out to one of us to represent you through the entire process. Some of us charge a very affordable flat fee to handle a case from start to finish.

A: Since you are a U.S. citizen, you can petition for your husband to get a green card by filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes your marriage as valid for immigration purposes. Once it is approved, the next steps depend on whether your husband is in the U.S. or abroad.

If he is already in the U.S. and entered legally, he may be able to adjust his status by filing Form I-485, Application to Register Permanent Residence or Adjust Status. This process allows him to stay in the country while waiting for approval. If he is outside the U.S., he will go through consular processing, which involves attending an interview at a U.S. embassy or consulate.

Given your health condition and his role as your caregiver, you may also want to submit additional evidence to show why his presence is essential. Gathering strong documentation, such as proof of your marriage, medical records, and financial information, can help. Taking the right steps now can make the process smoother and bring him closer to permanent residency.