Family petition for your spouse I-130
A family petition for your spouse is filed with Form I-130 with USCIS and proves that your marriage is valid, but on its own it doesn't give your husband or wife any immigration status or work permit. If you're a U.S. citizen, your spouse can apply for a green card (Form I-485) at the same time as the I-130. If you're a permanent resident, your spouse falls into the F2A category and generally has to wait for a visa to become available before taking that step.
| Form | I-130 |
|---|---|
| USCIS filing fee | $625 online / $675 by mail |
| Approximate time | Varies by USCIS service center and whether your spouse is an immediate relative or F2A category — check the current estimate in the official USCIS processing times tool. |
| Online filing | Yes |
Spouse of a citizen or spouse of a resident: not the same process
If you're a U.S. citizen, your spouse is an "immediate relative," and an immigrant visa is available in that category at all times, with no waiting list. This means that if your spouse is already in the United States, you can generally file Form I-130 and Form I-485 at the same time (concurrent filing), which speeds up the process and allows you to request a work permit (I-765) from the start.
If you're a permanent resident (green card holder), your spouse falls into the F2A category (spouses and unmarried children under 21 of permanent residents). This category has a limited annual quota, so you have to wait for the State Department's monthly Visa Bulletin to mark a priority date as current before you can file the I-485 or continue with consular processing. In practice, that wait can range from several months to more than a year, depending on current demand.
This distinction is why two people married in apparently similar situations can have very different wait times: it doesn't depend on how well-prepared the file is, but on whether the petitioner is a citizen or a resident.
Who can file
- A U.S. citizen age 18 or older can file an I-130 for their spouse, no matter which state they live in, per the USCIS Policy Manual (Volume 6, Part B).
- A lawful permanent resident (green card holder) can also file an I-130 for their spouse, though the next step depends on visa availability in the F2A category.
- The marriage must be legally valid where it was performed, including marriages that took place outside the United States.
- USCIS has recognized same-sex and opposite-sex marriages equally since 2013.
Who doesn't qualify
- Couples who live together or have a common-law relationship without a registered civil marriage don't qualify; USCIS requires a legally formalized marriage, not a domestic partnership.
- If either the petitioner or the beneficiary still has a prior marriage that hasn't been legally dissolved, the petition can't be filed until that divorce is final.
- USCIS can deny the petition if it determines the marriage was entered into primarily to obtain an immigration benefit rather than to build a life together.
- Proxy marriages that were never consummated generally don't qualify, aside from limited exceptions USCIS evaluates case by case.
Documents you'll need
- Marriage certificate issued by the relevant civil authority
- Copy of the petitioner's and the beneficiary's birth certificates
- Proof of the petitioner's citizenship or residency (passport, naturalization certificate, or green card)
- Evidence that any prior marriages of either spouse legally ended (divorce decrees or death certificates)
- Recent photos of the couple together, with an approximate date
- Evidence of shared life: joint lease or mortgage, joint bank accounts, insurance policies with cross-beneficiaries, bills in both names
- Affidavits from at least two people who know the relationship (recommended, not required)
- Certified English translation of any document not in English
Step by step
- Gather your marriage evidence. Collect the marriage certificate, both spouses' ID documents, and evidence of shared life before completing the form.
- Complete Form I-130. The citizen or resident spouse (petitioner) completes the I-130; if the beneficiary lives in the U.S. and is seeking adjustment of status, Form I-130A is also completed.
- File the petition with USCIS. Submit the I-130 online or by mail as applicable, along with the USCIS fee and all the evidence.
- File Form I-485 if applicable. If your spouse is the spouse of a citizen and already in the U.S., you can usually file the I-485 at the same time as the I-130. If they're the spouse of a permanent resident, you have to wait for the F2A category to become current per the State Department's visa bulletin.
- Attend the biometrics appointment. USCIS schedules the beneficiary for fingerprints and a photo as part of the adjustment of status process.
- Attend the interview. A USCIS officer interviews the couple to confirm the marriage is genuine before approving the green card.
Common mistakes that cause an RFE or a denial
Insufficient bona fide marriage evidence
Consequence: USCIS issues a Request for Evidence (RFE) or, in weaker cases, denies the petition outright.
How to avoid it: Gather several types of shared-life evidence (finances, housing, dated photos, witness statements) instead of relying on a single document.
Uncertified translations
Consequence: USCIS rejects the document or asks for a new translation, delaying the case by several weeks.
How to avoid it: Every translation must include a certification signed by the translator stating it's complete and accurate.
Certificates not apostilled when the country of origin requires it
Consequence: The certificate can be treated as insufficient evidence of a civil act, triggering an RFE.
How to avoid it: Check whether the country where the certificate was issued is party to the Hague Convention and apostille it before submitting.
Poorly calculated Form I-864
Consequence: USCIS finds the petitioner hasn't shown sufficient income and issues an RFE on the affidavit of support.
How to avoid it: Calculate income against 125% of the federal poverty level for your household size and add a joint sponsor if you fall short.
Inconsistent addresses across forms
Consequence: This raises doubts about whether the couple lives together, which can trigger a deeper review of the marriage.
How to avoid it: Use the same current address on the I-130, the I-485, the I-864, and any other form filed together.
What Formway prepares for this process
Formway fee
From $2,994 ($499 payments)
USCIS filing fee (government)
$625 online / $675 by mail
The Formway fee is an estimated base; it can vary depending on the complexity of your case (additional evidence, RFE, related filings). We confirm the exact amount in your free consultation, no obligation. You pay the USCIS fee directly to the government, not to Formway. It can change; verify the current amount at uscis.gov before paying.
- Review of your situation and file preparation before filing
- Completing Forms I-130, I-130A, and I-485 as applicable
- Calculating Form I-864 (affidavit of support) with your income evidence
- Certified translation of records and documents not in English
- A bona fide marriage evidence checklist tailored to your case
- Final review of the entire package before it goes to USCIS
Frequently asked questions
Do I need a lawyer to file my spouse's I-130?
Not for most cases. Formway prepares the forms and marriage evidence without added legal complications. If you had an irregular entry, a deportation order, a criminal record, or the case is already in court, you do need a licensed attorney, and we'll tell you directly.
How much does it cost to file my spouse's I-130?
You pay the USCIS fee directly ($625 online or $675 by mail; verify the current amount at uscis.gov). Formway's fee for the full package (I-130, I-485, and I-864, when your spouse can adjust status at the same time) starts at $2,994, in $499 card payments through Stripe. If your spouse is married to a permanent resident, we confirm the price in your free consultation.
Can I work while I wait for the I-130?
The I-130 alone doesn't grant a work permit. If you file the I-485 along with the I-130 because your spouse is a citizen, you can request Form I-765 at the same time and work legally while the case is pending.
How long does a spouse's I-130 take to approve?
It varies by USCIS service center and whether your spouse is an immediate relative or F2A category. Check the current estimate on the official USCIS processing times tool for your form type and office.
What's the difference between being married to a citizen versus a permanent resident?
The spouse of a citizen is an immediate relative and always has a visa available, so they can file the I-485 along with the I-130. The spouse of a resident falls into the F2A category and generally has to wait for a visa to become current per the State Department's monthly bulletin.
Does the I-130 automatically give me a green card?
No. The I-130 only establishes that your marriage is valid and that a qualifying relationship exists. The green card comes later, through Form I-485 if you're in the U.S., or through consular processing if your spouse is abroad.
What happens if USCIS doubts my marriage is bona fide?
USCIS can issue a Request for Evidence asking for more proof of shared life, or schedule a more thorough interview. That's why it's key to gather varied evidence from the start: shared finances, joint housing, and dated photos.
Can I file the I-130 if my spouse is outside the United States?
Yes. After the I-130 is approved, the process continues through consular processing in the country where your spouse lives, coordinated with the State Department, instead of Form I-485 with USCIS.
What can a lawyer do that Formway can't?
Formway prepares documents, but doesn't represent cases. A licensed immigration attorney can represent you before USCIS, an immigration court, or the Board of Immigration Appeals, appear at hearings or interviews on your behalf, sign Form G-28, Notice of Entry of Appearance as Attorney, give a legal opinion on whether you qualify for an immigration benefit, and appeal a decision or file a motion for reconsideration.
When is a lawyer a better fit than Formway for a spouse petition?
A lawyer is a better fit if you had an irregular entry, a deportation order, a criminal record, more than 180 days of unlawful presence, a prior petition denied for suspected marriage fraud, or the case is already in immigration court. We'll tell you directly if that's your situation.
In summary
- The I-130 proves your marriage is valid, but doesn't grant status or a work permit on its own.
- Spouse of a citizen: visa always available, I-130 and I-485 can be filed together if living in the U.S.
- Spouse of a permanent resident: F2A category, has to wait for the visa bulletin to make it current.
- Real evidence of shared life is what matters most to avoid an RFE or a difficult interview.
- A lawyer is necessary in cases with irregular entries, criminal records, deportation orders, or prior petitions denied for fraud.
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