I-130 Petitions for Spouses

General Qualifications for a Spousal I-130

A U.S. citizen or lawful permanent resident files Form I-130 to establish a valid marriage to a foreign national spouse, with Form I-130A for the spouse beneficiary. Spouses of U.S. citizens are immediate relatives with a visa always available. Spouses of green card holders fall in F2A and wait for a visa under the Visa Bulletin.

A U.S. citizen whose spouse was lawfully admitted or paroled into the U.S. can file Form I-485 with the I-130. A spouse abroad moves to NVC and consular processing after approval. If the marriage is under 2 years old when residence is granted, the spouse receives conditional residence and later files Form I-751 to remove the conditions.

Clients This Case Type Helps

• U.S. citizens married to a foreign national in the U.S. or abroad
• Green card holders petitioning for a spouse in the F2A category
• Couples who want to file Form I-130 and Form I-485 together
• Spouses abroad who will go through NVC and consular processing
• Couples with prior marriages that need proof of termination

General Qualifications

• The petitioner is a U.S. citizen, lawful permanent resident or U.S. national.
• The marriage is legally valid, and every prior marriage of both spouses ended by divorce, death or annulment.
• The marriage is bona fide, shown by evidence such as joint property, a joint lease, combined finances, children together or third-party affidavits.
• Both spouses were physically present at the marriage ceremony, unless the marriage was consummated.
• A petitioner who got LPR status through a prior marriage must meet an exception, such as naturalization, 5 years as an LPR or clear and convincing evidence.
• A marriage during removal proceedings needs the bona fide marriage exemption under INA section 245(e)(3) or 2 years abroad after the marriage.
• No petition is approved if USCIS finds the beneficiary entered or attempted a marriage to evade immigration laws.

Consultation Screening Questions

1. When and where did you marry, and were both of you physically present at the ceremony?
2. Were either of you married before? Do you have divorce, death or annulment records for each prior marriage?
3. Did the petitioner get a green card through a prior marriage? When, and are they now a U.S. citizen?
4. Was the spouse in removal, deportation or exclusion proceedings when you married?
5. Is the spouse in the U.S.? How did they last enter, and have they overstayed or worked without permission?
6. Has anyone filed a petition for the spouse before, and was any marriage ever found to be fraudulent?
7. What proof of a shared life do you have: a lease, joint accounts, children, photos or affidavits?
8. Does the spouse have any arrests, charges or convictions in any country?

General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.