Marriage-Based Green Card: FAQs & Process

If you are a U.S. citizen or lawful permanent resident (LPR) looking to bring your spouse to live in the United States, filing Form I-130, Petition for Alien Relative, is the first step. This guide covers the frequently asked questions and the process for filing a marriage-based I-130 petition.

What is Form I-130?

Form I-130 is a petition filed with U.S. Citizenship and Immigration Services (USCIS) to establish a qualifying family relationship between a U.S. citizen or LPR and a foreign spouse. The purpose of the I-130 is to prove that your marriage is legally valid (based on a marriage certificate) and authentic—meaning it is not based on fraud. This is also the stage where you submit evidence of your relationship, such as joint bank account statements, joint insurance documents, and photos together.

Who Can File an I-130 for Their Spouse?

• U.S. Citizens can file for spouses living inside or outside the United States.

• Lawful Permanent Residents (Green Card Holders) can also file for their spouses, but processing times may be longer compared to petitions filed by U.S. citizens.

What Documents Are Required for the I-130 Petition?

The I-130 petition must be filed with supporting documents to prove that the sponsor is allowed to file an I-130 and that they have a valid family relationship with the person seeking a green card.

The required supporting documents typically include:

• Completed Form I-130 and Form I-130A (if applicable)

• Proof of U.S. citizenship or lawful permanent residence (e.g., passport, birth certificate, or green card)

• Marriage certificate

• Proof of termination of prior marriages (if applicable)

• Evidence of a bona fide marriage (e.g., joint bank statements, lease agreements, wedding photos, affidavits from family and friends)

• Passport-style photos of both spouses

• Proof of name changes for the sponsor and/or the person seeking a green card, if any

• Proof of nationality of the person seeking a green card

What is the Filing Process for an I-130 Petition?

1. Prepare the Petition: Gather all required forms and supporting documents.

2. File with USCIS: Submit the petition online or by mail to the appropriate USCIS service center.

3. Receipt Notice: USCIS issues a receipt notice (Form I-797) confirming the petition was received.

4. Processing & Approval: USCIS reviews the petition, requests additional evidence if necessary, and issues an approval or denial.

5. Next Steps: If approved, the case moves to either the National Visa Center (NVC) for consular processing (if the spouse is abroad) or to USCIS for adjustment of status (if the spouse is in the U.S.).

Concurrent Filing of Form I-485 (Adjustment of Status)

If your spouse is already in the United States and is eligible for Adjustment of Status, they may file Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently with Form I-130. Concurrent filing allows the applicant to remain in the U.S. while their green card application is processed. Additional documents, such as medical exams and financial support affidavits, may be required for the adjustment process.

Form I-130 Processing Time

The time it takes to get your I-130 petition approved in 2025 depends on two key factors:

• Where you apply from: Are you applying from within the United States or from abroad?

• Your relationship to the U.S. petitioner: Are you an immediate relative (spouse, unmarried child under 21, or parent of a U.S. citizen) or within another family preference category?

I-130 Processing Times for 2025 (Based on USCIS Data)

• Living Abroad: Expect your Form I-130 processing to take an average of 14.3 months.

• Living in the U.S.: The processing time is currently 9.3 months.

I-130 Processing Times for Immediate Relatives of a U.S. Green Card Holder

• Living Abroad: Form I-130 processing typically takes 35 months.

• Living in the U.S.: If you’re already in the U.S., expect a processing time of 35 months.

Can I Expedite the I-130 Process?

Expedited processing is rare and only granted in specific circumstances, such as severe medical emergencies or urgent humanitarian reasons. You must provide compelling evidence to request expedited handling.

What If I’m Missing Some Documents for My I-130?

If you don’t have one of the primary documents required, such as a birth certificate, you must submit a letter from the relevant authorities confirming that this document does not exist. In such cases, you may need to provide secondary evidence to support your case, such as affidavits or other official records.

If you submit your petition without required documents, USCIS may issue a Request for Evidence (RFE), which can significantly delay processing. If critical documents are missing and not addressed, the petition may be denied. It is essential to submit a complete and well-prepared application to avoid unnecessary delays or denials.

What Happens After I-130 Approval?

Once the I-130 is approved:

• If the spouse is abroad, the case is sent to the NVC, which coordinates with the U.S. embassy or consulate for consular processing.

• If the spouse is in the U.S., they may apply for Adjustment of Status (Form I-485) to obtain a green card.

What if the I-130 is Denied?

If your I-130 is denied, USCIS will provide a reason for the denial. You may:

• File a motion to reopen or reconsider

• Submit a new petition with stronger evidence

• Appeal the decision (in limited cases)

Conclusion

Filing a marriage-based I-130 petition is a crucial step in uniting families in the U.S. Proper preparation, strong evidence, and timely submission can help ensure a smooth process. If you need assistance navigating the immigration process, consult an experienced immigration attorney to maximize your chances of success.

For professional guidance on your marriage-based green card journey, contact Kirchner Law at www.kirchnerimmigration.com.