A U.S. citizen files a petition (Form I-130) for their spouse. The spouse then finishes the process either inside the United States (adjustment of status) or at a U.S. consulate abroad, and there is no waiting line for a visa number.
Step one: the I-130 petition
The process starts with Form I-130, Petition for Alien Relative. The U.S. citizen spouse is the petitioner. The foreign-born spouse is the beneficiary.
The I-130 asks USCIS to recognize one thing: that a real, legally valid marriage exists between a citizen and the person they are sponsoring. It does not by itself give the spouse any status or permission to work.
You will need proof of the petitioner's citizenship (a U.S. passport, naturalization certificate, or birth certificate), the marriage certificate, and proof that any earlier marriages of either spouse legally ended.
Why spouses of citizens do not wait in line
Spouses of U.S. citizens are "immediate relatives" under immigration law. Immediate relatives are not subject to the annual limits that create long waits in other family categories.
In practical terms, a visa number is available as soon as the petition is approved. The time it takes is the time it takes the government to process the paperwork, not time spent waiting for a place in line.
Inside the U.S. or abroad: two ways to finish
If the spouse is in the United States and eligible, they can apply for a green card without leaving, using Form I-485, Application to Register Permanent Residence or Adjust Status. For spouses of citizens, the I-130 and I-485 are often filed together.
Eligibility matters here. In general, a spouse who entered the U.S. lawfully (inspected and admitted, or paroled) may be able to adjust status even if their authorized stay has since run out. A spouse who entered without inspection usually faces a different and harder path, and should get advice before filing anything.
If the spouse lives abroad, or is not eligible to adjust, the case goes through consular processing. After USCIS approves the I-130, the file moves to the National Visa Center, and the spouse later attends an immigrant visa interview at a U.S. embassy or consulate in their country.
Other forms that usually come with the case
The citizen spouse signs an Affidavit of Support (Form I-864), a promise to financially support the immigrant spouse. If the citizen's income is not enough on its own, a joint sponsor may be able to help.
The immigrant spouse also needs a medical examination by a doctor approved for immigration purposes. People adjusting status inside the U.S. can usually apply for a work permit and travel permission while the case is pending.
The interview and proving the marriage is real
Many marriage cases include an interview, either with USCIS or at the consulate. The officer's main question is whether the marriage is bona fide: entered into to build a life together, not to get immigration benefits.
Evidence helps answer that question before the interview starts. Strong files usually show a shared life over time, not just a wedding day. Common examples:
- A joint lease, deed, or mortgage
- Joint bank accounts or credit cards
- Joint tax returns
- Insurance policies that list the other spouse
- Birth certificates of children you have together
- Photos together over time, with family and friends
- Texts, emails, and travel records showing an ongoing relationship
- Sworn statements from people who know you as a couple
Married less than two years: the conditional green card
If you have been married less than two years on the day the green card is approved (or the day the spouse enters the U.S. on an immigrant visa), the spouse receives conditional residence. That card is valid for two years.
To keep permanent residence, the couple files Form I-751, Petition to Remove Conditions on Residence, during the 90 days before the two-year card expires. It is usually filed jointly, with fresh evidence that the marriage continued.
If the marriage has ended or there has been abuse, the spouse may be able to ask for a waiver of the joint filing. Missing the I-751 deadline can lead to loss of status, so put the date on the calendar the day the card arrives.
Married to a green card holder instead?
Spouses of lawful permanent residents are in a different group, a family preference category. Those categories have annual limits, so depending on the Visa Bulletin there may be a wait for a visa number. If the permanent resident spouse later becomes a citizen, the case can usually be upgraded to the immediate relative category.
When to talk to a lawyer
Many couples handle a straightforward case themselves. It is worth getting advice first if either spouse has a prior marriage that is hard to document, if the immigrant spouse entered without inspection or has any arrest or immigration violation, or if a prior petition was denied.
If you want a lawyer to look at your situation before you file, call our Brooklyn office or request a consultation online.
This post is general information, not legal advice, and reading it does not create an attorney-client relationship. Every situation is different, and the law changes. Prior results do not guarantee a similar outcome.