If you are married to a U.S. citizen or U.S. green card holder (lawful permanent resident), you may be eligible to apply for a green card through marriage. The first step is filing Form I-130, Petition for Alien Relative, to establish the marital relationship.
I-130: Two Categories of Spousal Petitions
- Spouses of U.S. Citizens
- Considered immediate relatives – not subject to visa quotas.
- Once the I-130 is approved, the spouse can proceed directly to either:
- Adjustment of Status (Form I-485) – if already in the U.S.
- Consular Processing – if residing outside the U.S.
- Spouses of Green Card Holders
- Classified as F2A preference category – subject to visa availability.
- Must wait for a visa number to become available after I-130 approval before proceeding with the green card application.
- Can also pursue:
- Adjustment of Status, if in the U.S. and a visa is available.
- Consular Processing, if living abroad.
Next Step After I-130 Approval
Option 1: Adjustment of Status (Form I-485)
For spouses physically present in the U.S. who are eligible to apply without leaving the country.
- Often filed concurrently with the I-130 if married to a U.S. citizen.
- Includes applications for:
- Work authorization (EAD)
- Advance parole (travel permit)
- Timeline: 4-12 months on average.
Option 2: Consular Processing
For spouses living outside the U.S., the process continues via the National Visa Center (NVC) and the U.S. embassy or consulate in the home country (e.g., Australia).
- After I-130 approval, the NVC collects documents, fees, and Form I-864 (Affidavit of Support).
- The spouse attends a visa interview at the U.S. consulate.
- If approved, they receive an immigrant visa and can enter the U.S. as a green card holder.
- Timeline: Generally 10–14 months, depending on case volume.
Financial Requirement – Form I-864
Whether applying through Adjustment or Consular Processing, the U.S. petitioner must file Form I-864, Affidavit of Support, to prove they can financially support their spouse.
- The sponsor must show income at or above 125% of the U.S. federal poverty guidelines.
- If the sponsor does not meet the minimum income requirement, a joint sponsor may be used.
The overview is intentionally brief, as these cases can vary significantly depending on the client’s circumstances—for example, whether the spouse entered the U.S. legally, is currently in status, has overstayed a visa, and whether the petitioner is a green card holder or a U.S. citizen. Each of these factors can impact the path the case takes.
Other US visas:
- E-2 Visa
- E-3 Visa
- E-5 Visa
- EB-1 Visa
- EB-1 Visa Processing Time
- EB-2 Visa
- EB-2 Visa Processing Time
- EB-3 Visa
- EB-3 Visa Processing Time
- EB-4 Visa
- EB-4 Visa Processing Time
- Employment-Based Green Cards
- F-1 Visa (Student)
- H-1B Visa
- How to Move to the US from Canada
- J-1 Exchange Visitor Visa
- Letter of Invitation
- Multinational Employers & Pathways to Hiring Foreign Skilled Workers
- O-1 Visa
- P-2 and P-3 Visa
- Places to Travel Without a Passport as a US Citizen
- US Employer Obligations and Responsibilities
- US visa professional fees
- US Visitor Visas
- USA Student Visa Interview Questions and Answers
