- You must first file an immigrant Petition for Alien Relative, Form I-130 for your spouse and children with your local USCIS Office in the United States. The USCIS will send you a Notice of Action (Form I-797) receipt notice. This notice tells you that the USCIS has received the petition.
- After you have received the receipt note (Notice of Action - Form I-797), you should file the Petition for Alien Fiancé(e) (Form I-129F) for your spouse and children. Send the I-129F petition, supporting documents and a copy of the Form I-797 receipt notice to USCIS.
- Spouse (and children if applicable) apply for visa in home country The foreign spouse will go to a US embassy in his/her home country and apply for the K-3 visa, and his/her children will apply for the K-4 visa if applicable.
- After coming to USA file for Adjustment of status (AOS) by filing I-485 Your spouse must file Form I-485 Application to register as permanent residence or to adjust status with the USCIS office that serves the area where you live in the United States. You must fill out the Affidavit of Support, Form I-864, with the USCIS for your spouse's application to become a lawful permanent resident (LPR).
- If you have been married for less than 2 years, file to Remove Conditions on Permanent Status for your spouse If you have been married for less than 2 years then you most likely have a conditional permanent residence. Which means your new spouse's green card will expire in 2 years. You'll have to file the I-751 petition in order to remove this conditional status.