Following-to-Join Benefits for Spouses

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http://www.uscis.gov/graphics/howdoi/Appproc.htm

Following-to-Join Benefits for Spouses

Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as an immediate relative (parent, spouse, or unmarried child under 21 years of age) of a U.S. citizen.

If you were married before you became a lawful permanent resident, and your spouse did not physically accompany you to the U.S., your spouse may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. Consulate that you are a lawful permanent resident so that your spouse can apply for an immigrant visa. Your spouse may be eligible for following-to-join benefits if your relationship still exists and if one of the following is applicable:

• You received a diversity immigrant visa
  
• You received an employment-based immigrant visa
  
• You received an immigrant visa based on your relationship to your U.S. citizen sibling
  
• You received an immigrant visa based on your relationship to your U.S. citizen parent when you were already married