How to Bring Your Foreign Spouse to Live in Illinois

 Posted on June 30, 2026 in Immigration

Bringing your noncitizen spouse to live with you in Illinois is absolutely possible. However, the process takes time, paperwork, and careful attention to detail. The U.S. immigration system has a specific path for spouses of U.S. citizens and green card holders. If you are ready to start this process in 2026, a DuPage County family-based immigration lawyer can guide you through every step.

What Is the Process for Bringing a Foreign Spouse to the United States?

The process depends on whether you are a U.S. citizen or a lawful permanent resident, also called a green card holder. The path is different for each, and so is the timeline.

If you are a U.S. citizen, your spouse is considered an immediate relative. That means they are not subject to annual visa number limits, and the process can move faster than it does for other family categories. If you are a green card holder, your spouse falls into a preference category called F2A. This category does have annual numerical limits, which can create a wait time before a visa becomes available, depending on demand.

In both cases, the process starts with filing a petition with U.S. Citizenship and Immigration Services, also called USCIS.

What Is the I-130 Petition and Why Is It Important?

The I-130, officially called the Petition for Alien Relative, is the form that starts the process. By filing this form, you are asking USCIS to recognize your qualifying relationship and begin the process of sponsoring your spouse for lawful permanent residence.

Filing the I-130 does not bring your spouse to the United States on its own. It is the first step that gets the process started. USCIS will review the petition and, if approved, send it to the National Visa Center for further processing.

Along with the I-130, you will need to submit evidence of your relationship. This includes your marriage certificate, proof of your U.S. citizenship or green card status, photos of the two of you together, evidence of communication, and any other documentation that shows your marriage is real and ongoing.

What Happens After the I-130 Is Approved?

Once the I-130 is approved, what happens next depends on where your spouse is living.

If Your Spouse Is Living Outside the United States

If your spouse is abroad, the case moves to consular processing. The National Visa Center will collect additional documents and fees from both of you. Once everything is ready, your spouse will be scheduled for an immigrant visa interview at a U.S. embassy or consulate in their home country.

At the interview, a consular officer will review your spouse's application, ask questions about your relationship, and decide whether to approve the immigrant visa. If approved, your spouse can travel to the United States and will receive their green card after arriving.

If Your Spouse Is Already in the United States

If your spouse is already in the United States and entered legally, they may be able to apply for adjustment of status instead of going through the consular process abroad. Adjustment of status means applying for a green card from within the United States using Form I-485.

This process allows your spouse to stay in the country while their application is being processed. They can also apply for work authorization and a travel document at the same time.

What Is the Affidavit of Support and Why Is It Required?

As the sponsoring spouse, you are required to sign an Affidavit of Support, also called Form I-864. This is a legally binding document in which you promise to financially support your spouse and make sure they do not become a public burden.

Under 8 U.S.C. Section 1183a, your household income must be at least 125 percent of the federal poverty guideline for your household size. If your income does not meet that threshold on its own, you may be able to use assets or find a joint sponsor to help meet the requirement.

The Affidavit of Support is a serious commitment. It does not end when your spouse gets their green card. It stays in effect until one of a few specific things happens. Your spouse must either become a U.S. citizen, work 40 qualifying quarters in the United States, leave the country permanently, or pass away. Until one of those conditions is met, you are legally responsible for supporting them.

Contact Our Itasca, IL Immigration Attorney Today

Our firm is a local family immigration practice with over 20 years of experience helping families in DuPage County and throughout Northern Illinois navigate the immigration process. We are committed to giving every client the personal attention their case deserves. Contact a DuPage County family-based immigration lawyer at Unzueta Law Group, P.C. by calling 630-509-2363 to get started today.

Se habla español.