MARRIAGE AND THE ALIEN RELATIVE PETITION ( I-130 )
JUST MARRIED
Planning to bring your spouse to the U.S.?
Confused by different advice from relatives, social media, and the internet?
CONGRATULATIONS! If your spouse is abroad, the I-130 petition is the first legal step toward reuniting and starting your life together here.
If your spouse is already in the U.S. on a valid visa, you may want to learn more about Marriage and Adjustment of Status instead.
When a US Citizen marries someone overseas they will usually file the I-130 Alien Relative Petition.
Tip: If the sponsored spouse is currently in the United States on a valid non-immigrant visa, such as a B-1/B-2 Tourist Visa, F-1/M-1 Student Visa, or a work-related visa like H, E, or L categories, they may be eligible to pursue Adjustment of Status (Form I-485). This allows the spouse to apply for permanent residency without leaving the U.S.
To determine whether this option is viable in your specific case, please refer to the Adjustment of Status section or consult with an immigration attorney.
Important: Entry on C or D visas (Transit or Crewman visas) is not considered valid for Adjustment of Status, and individuals on those visa types generally must pursue consular processing instead.
When filing the I-130 petition, it’s essential to understand that this is a four-step process that ultimately leads to an interview abroad, typically conducted in the beneficiary spouse’s country of birth or legal residence.
If the U.S. citizen petitioner is also sponsoring the beneficiary’s children, separate petitions must be filed. Eligible children include:
- Biological children under the age of 21, or
- Stepchildren, if the marriage creating the step-relationship occurred before the child turned 18.
Step 1: Petitioning for a Spouse as a U.S. Citizen
After the couple is legally married, whether or not they also choose to have a religious ceremony, and regardless of the country where the marriage takes place, the U.S. citizen spouse may file Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS).
The petition must include:
- Proof of a valid marriage
- Proof of the petitioner’s U.S. citizenship
- Copies of any divorce or annulment records from previous marriages, if applicable
Once USCIS receives the completed petition, along with all required fees and signatures, it will issue a receipt notice confirming that the case is being processed.
If the petitioner has an attorney or accredited representative, and a valid Form G-28 (Notice of Appearance) is on file, all USCIS updates and notices will also be sent directly to that legal representative.
Step 2: USCIS Decision — Approval, Denial, or Request for Evidence (RFE)
After filing, USCIS will review the I-130 petition and eventually issue one of the following outcomes:
- Approval
- Denial
- Notice of Intent to Deny (NOID)
Before making a final decision, USCIS may issue a Request for Evidence (RFE). This document outlines specific information or documentation needed to evaluate the legitimacy of the marriage under U.S. immigration laws and, in some cases, the laws of the beneficiary’s country.
An RFE may request:
- Proof of termination of any prior marriages (divorce decrees or annulments)
- Evidence of arrests or other legal matters
- Clarifying documentation related to the relationship or individual backgrounds
RFEs are not issued in every case and are evaluated on a case-by-case basis.
If the petition is approved, a process that can take anywhere from 4 months to over a year, USCIS will issue an I-130 Approval Notice. This notice confirms the petition has been approved and forwarded to the National Visa Center (NVC) for the next phase of the immigration process.
Important: Petitioners who file pro se (a legal term meaning on their own, without an attorney or accredited representative) often assume that an I-130 approval means the case is complete. In fact, approval marks the transition of the case from USCIS to the U.S. Department of State, and significant steps still remain before a visa or green card is issued.
Step 3: National Visa Center Processing (Packet III Stage)
This step involves the bulk of the remaining work required to support the marriage-based immigrant visa application.
After USCIS approves the I-130 petition and forwards it to the National Visa Center (NVC), the petitioner and beneficiary must complete a series of tasks, including:
- Submitting Form I-864 (Affidavit of Support)
- Completing Form DS-260 (Immigrant Visa Application)
- Uploading civil documents (e.g., marriage certificates, birth certificates, police clearances, etc.)
- Providing criminal, judicial, and background checks as required by the beneficiary’s country of origin or residence
All documents must now be uploaded through the Department of State’s online portal, and associated processing fees are also submitted electronically.
These materials are used to verify the legitimacy of the relationship and the financial eligibility of the U.S. petitioner, and are essential to prepare for the upcoming interview at the consulate or embassy.
Step 4: The Visa Interview and Entry to the United States (Packet IV)
Once the National Visa Center process is complete, the case moves to Packet IV, which includes the interview notice issued by the U.S. consulate or embassy with jurisdiction over the beneficiary.
The location of the interview is usually based on the beneficiary’s country of birth or current legal residence. However, exceptions may apply. For example, if the assigned consulate is closed due to war, natural disaster, or political instability, an alternate location may be designated.
The petitioner is not required to attend the interview. The beneficiary will be given a list of approved medical clinics where they must complete a required medical examination before the scheduled interview date.
Assuming the case is approved (this summary does not address possible reasons for denial), the beneficiary will receive an immigrant visa placed inside their passport. Packet IV will be electronically transmitted to the U.S. port of entry where the beneficiary will be admitted to the United States.
Previously, this packet was a large manila envelope that the beneficiary physically carried and presented to U.S. Customs upon arrival.
After arrival, there is one final fee to be paid, either before or after entry, for the issuance of the Permanent Resident Card (Form I-551), commonly referred to as the Green Card (which is, once again, actually green). The card typically arrives by mail within 2 to 4 weeks.
In the meantime, the beneficiary’s visa and entry stamp in the passport serve as temporary proof of lawful permanent residence for up to one year.
Important: Be sure the beneficiary’s name is clearly listed on the mailbox. The U.S. Postal Service may not deliver the Green Card if the name does not appear, which can delay receipt of this important document.
CONGRATULATIONS!
Depending on the length of your marriage at the time of the interview, you may receive one of the following:
- 2-Year Conditional Permanent Resident Card, if your marriage is less than 2 years old.
- 10-Year Permanent Resident Card, if your marriage is 2 years or older.
Both cards count toward your eventual Naturalization and U.S. Citizenship.
Remember, this is general and not legal advice. Take a few moments out of your busy life to schedule an appointment for your particular case. Good Luck