Filing an Immigration Petition (I-130) for a Foreign-Born Spouse

If you are a U.S. citizen or lawful permanent resident, then as soon as you and your foreign-born spouse are married, you can file a Petition for Alien Relative (Form I-130) with U.S. Citizenship and Immigration Services (USCIS). This is the first step for any foreign national who wishes to immigrate to the United States as the close family member (spouse or otherwise) of a U.S. citizen or a lawful permanent resident (green card holder). The form is not filed by the prospective immigrant, but rather signed and submitted by the petitioning U.S.-based family member.

Purpose of Form I-130 and Effect of USCIS Approval

Form I-130's main purpose is to prove to U.S. immigration authorities that:

• the U.S. petitioner is qualified to sponsor someone, by virtue of being a U.S. citizen or a green card holder, and
• the intending immigrant (the "beneficiary") is in fact related to the petitioner; in this instance, is married to them (and the marriage is bona fide, not a fraud).

Because the I-130 petition is only the start of the process, its approval by USCIS does not give the intending immigrant any right to enter the United States, nor any guarantee that a green card will ultimately be approved.

For spouses of U.S. citizens, the full process, from start to finish, should be relatively quick. If living overseas, you will be able to proceed with your green card application immediately after USCIS approves the I-130, by applying for an immigrant visa through a U.S. consulate in your home country.

If you are already living lawfully in the United States, or are here after a lawful, non-fraudulent entry (even if you overstayed the permitted time under your visa), you won't have to wait for I-130 approval to file your adjustment of status (AOS) application, but can file the I-130 and the AOS application concurrently. Or you can take a hybrid approach, by filing Form I-130 online rather than by mail (and paying the reduced fee that comes with online filing), then as soon as USCIS supplies a receipt notice, submitting that along with an AOS application.

For spouses in other situations, however, the process will be more complicated.

For instance, spouses of U.S. citizens who entered the United States without inspection (illegally) are not eligible to adjust status in the United States; though they might still be eligible for a green card through another method, called consular processing. They will have to await approval of the I-130 petition, then travel to their home country for a visa interview. Unfortunately, they can be barred from return to the United States for a number of years based on their history of unlawful presence in the United States, having thus become "inadmissible." After a one-year unlawful U.S. stay, the inadmissibility bar is 10 years outside the country; unless they successfully apply for a waiver. Fortunately, what's known as the "provisional waiver" (on Form I-601A) allows many such spouses to submit their waiver application and receive a reply before leaving the United States, so as to avoid the risks of being barred from return if the waiver is denied.

For intending immigrants married to U.S. lawful permanent residents, the process will also require multiple steps. These spouses are in the second "preference" category of visas (F2A), and therefore face annual limits on the number of visas available in their category. Because the demand for visas is almost always greater than the supply, they might wait several years between approval of their I-130 and having a current "priority date," meaning they will then be allowed to go forward with their application for lawful permanent residence. The wait for a current priority date is typically up to around five years.

Due to the complexities of this process, you might be interested in hiring an attorney; see Is It Worth the Cost of Hiring a Lawyer for U.S. Citizenship or Other Immigration Matters?.

Tips for Filling Out and Filing the I-130 Petition

Here are some important things to know about preparing and submitting USCIS Form I-130:

• Although the U.S. petitioner fills out and signs this form, the immigrant should look at a copy and supply the information needed to complete the relevant sections.
• When listing current marital status, it should of course be "married." However, if you were previously married and have since been widowed or divorced, you will later need to name that previous spouse and show that the marriage truly ended (so that you aren't married to two people at once).
• If interested in petitioning for children of the spouse as well, you need to figure out whether they are eligible to immigrate, and whether any or all of them needs a separate Form I-130. For starters, they need to be unmarried and under the age of 21 to immigrate at the same time as the parent. If a child qualifies as the stepchild of a U.S. citizen (based on the marriage creating the step-relationship having taken place before the child turned 18), you will need to submit separate I-130s for each child. For qualifying children of a permanent resident, naming them on the parent's I-130 is enough, because they are likely considered "derivatives. See Derivative Immigration Status For Family Members of Immigrating Aliens for more on this odd set of rules.
• If the immigrant is living in the United States illegally, be aware that this form asks for their address. In the past, this rarely led to enforcement efforts. However, in August of 2025, USCIS issued an Alert advising I-130 family petitioners that "we may issue a Notice to Appear if the alien beneficiary is otherwise removable since a family-based immigrant visa petition does not grant immigration status or relief from removal." (See Chapter 5 of the Policy Manual.) In other words, they might be preparing to use the information in the I-130 to place people who are not in the U.S. legally into deportation proceedings.
• You are asked to choose between adjustment of status and consular processing. Broadly speaking, adjustment of status is typically available only to foreign nationals who are in the U.S. with lawful immigration status. When in doubt, choose consular processing; it's much easier to change to adjusting status (which you'd do by simply filing your application in the United States) than to switch to consular processing (which requires submitting a USCIS Form I-824).
• Send only copies of the documents USCIS requests in its instructions, not originals. If you send originals, you are unlikely to ever get them back.
• If you cannot obtain the exact official document you need, you may substitute other documentation, such as school records or affidavits.
• Documents that are not in English need to be accompanied by a complete, word-for-word translation. It's okay to have a friend do this, but the person should write at the bottom that they certify that this is a complete and accurate translation, and sign their name. See this sample format.
• Married couples must provide a marriage certificate (a copy) from a government office. The I-130 instructions also ask them to provide proof of their bona fide marital union such as joint leases, bank accounts, and children's birth certificates. (See Proving a "Bona Fide" Marriage for U.S. Immigration Purposes.)
• You cannot deliver Form I-130 in person to a USCIS office. Either file it online or mail it to a lockbox office, which will forward it to the appropriate office or consulate. However, don't send it off before figuring out whether you're eligible for "concurrent filing," in other words, whether you'll be allowed to submit the I-130 with the entire adjustment of status packet (only allowed normally if the foreign spouse is in the United States and eligible to adjust status).
• Include two passport-style photos of the U.S. petitioner. Photos of the immigrating spouse are needed only if that person is living in the United States.
• Before sending, check to make sure you're using the most recent copies of the form. Then make complete copies for yourself of the I-130 petition and documents. These will help if USCIS loses your petition.
• Decide how you'll pay the fee (by credit card or transfer from a U.S. bank) and include the appropriate form, either a G-1450 or G-1650. (As of October 2025, paying by check or money order is not an option.)

For the most current filing address, see the I-130 page of the USCIS website or call the USCIS Contact Center at 1-800-375-5283. For fees, see the USCIS schedule on Form G-1055.

What Happens After Submission of Form I-130

After submitting the I-130, the U.S. petitioner should get a receipt notice with the case number and (in preference relative cases) their priority date. Both the petitioner and beneficiary or beneficiaries could be called in for biometrics (fingerprints and other data) so that USCIS can perform security checks. A history of crimes or immigration violations by either the petitioner or immigrants could result in the I-130 being denied. If that happens, see If Your I-130 Petition Is Denied By USCIS.

What Happens After an Immediate Relative's I-130 Is Approved

If you're filing an I-130 for an immediate relative spouse (that is, you are a U.S. citizen), then just as soon as that petition is approved, your relative can apply for an immigrant visa and green card. (That's assuming you're not doing a concurrent filing with adjustment of status.)

If the relative lives overseas, the remainder of this process need to be done through a U.S. consulate or embassy. If the relative lives in the United States after a legal entry, then they might nevertheless need or want to return home for consular processing; or they might be able to "adjust status" through USCIS. But check with an immigration attorney to be sure.

If your relative is eligible to adjust status as an immediate relative, and you pursued concurrent filing, as described above, then a local USCIS office will handle the case going forward, and call both of you in for a personal interview.

What Happens After a Preference Relative's I-130 Is Approved

Once the I-130 petition is filed and approved by USCIS, relatives in preference categories (spouses or unmarried children under 21 of a U.S. permanent resident) must wait for an immigrant visa number. How long they wait depends entirely on how many other people in their category had an I-130 approved on their behalf ahead of them, and on which country the foreign national is from. It's usually around two to five years. Because of per-country limits, people from certain parts of the world sometimes typically wait extra long; usually those from Mexico, China, India, and the Philippines.

Progress on the waiting list is measured by the immigrant's priority date, which comes from the date that USCIS first received the I-130 petition. To find out the current priority dates for immigrant visa numbers based on country and category check the latest Visa Bulletin.

Once an immigrant number is available, the eligible foreign relative can apply for an immigrant visa, most likely through an overseas U.S. consulate. In a few rare cases, such as immigrants who've been living legally in the United States, the immigrants may instead be allowed to apply for adjustment of status, a process which is done without leaving the United States. Talk to an immigration attorney before trying this.

Getting Legal Help

For personalized assistance with sponsoring a spouse for U.S. lawful permanent residence, consult an experienced attorney. The attorney can be help evaluate the immigrants' eligibility, prepare paperwork, and monitor the case toward a successful conclusion. Many immigration attorneys charge flat fees, which makes this part of the expense predictable. (See Is It Better to Pay My Immigration Attorney a Flat Fee or Hourly?.)