Marriage-Based Green Card and Spousal Immigration

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The first step is filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This petition establishes that a valid, bona fide marriage exists between a U.S. citizen or lawful permanent resident (LPR) and the foreign spouse. U.S. citizens and LPRs can file the I-130 on behalf of their foreign spouses to initiate the green card process. 

To file the I-130, you’ll need proof of the petitioner’s U.S. citizenship or green card status, a valid marriage certificate, evidence that any prior marriages have ended, and documentation of the genuine nature of your relationship. This can include photos together, joint financial records, travel history, and communications.

After USCIS approves the I-130, the next step depends on whether the foreign spouse is in the U.S. or abroad.

• If inside the U.S., the applicant may file Form I-485, Application to Adjust Status, with USCIS to apply for a green card.
   
• If outside the U.S., the case is transferred to the National Visa Center (NVC) and then forwarded to a U.S. embassy or consulate abroad for immigrant visa processing with the Department of State (DOS).

Yes — if the foreign spouse is in the U.S. and married to a U.S. citizen, they may file the I-130 and I-485 at the same time, known as concurrent filing. However, if the petitioner is a lawful permanent resident (green card holder), the foreign spouse must wait for a visa number to become available before filing the I-485, according to the visa bulletin. 

The Department of State publishes the monthly visa bulletin showing which priority dates are current. Your priority date is the day USCIS receives your I-130 petition. To see if your date is current, compare it to the “Final Action Dates” chart for your visa category and country of chargeability. 

No — unlike adjustment of status in the U.S., the immigrant visa application through DOS (via consular processing) cannot be filed until after the I-130 is approved. Once USCIS approves the I-130, the case is transferred to NVC to begin the immigrant visa process. 

Form I-864 is a legally binding financial contract in which the U.S. petitioner agrees to support the immigrant spouse financially. This ensures the foreign national will not become dependent on public benefits after immigrating. 

The sponsor must submit proof of current income, federal tax returns (usually the most recent three years), W-2s or 1099s, and employment verification. If the petitioner doesn’t meet the income requirements, a joint sponsor may be needed. 

The mock interview is a practice session with our immigration attorney designed to prepare you and your spouse for the USCIS marriage-based interview. We review common questions, assess the strength of your relationship evidence, and provide guidance on how to respond clearly and confidently. 

Yes, and in most cases, we recommend that an attorney accompany you to the USCIS interview. Having legal counsel present provides in-person support, helps resolve any unexpected issues on the spot, and ensures the process stays on track. 

Generally, U.S. embassies and consulates do not permit attorneys to attend immigrant visa interviews. Some consulates may allow the attorney to wait nearby or communicate with the consular section before or after the interview, but the actual interview is usually limited to the applicant only.