The I-130 (Petition for Alien Relative) is a crucial immigration form used by U.S. citizens or lawful permanent residents (green card holders) to sponsor their spouses (and other immediate relatives) for immigration to the United States. In the context of spousal sponsorship, the I-130 form helps to establish a valid marital relationship, making it the first step in the family-based immigration process.
Here’s a detailed breakdown of the spousal I-130 process, its requirements, costs, and considerations for those filing within or outside the U.S.
1. Overview of I-130 Petition for Spousal Sponsorship
When a U.S. citizen or lawful permanent resident (LPR) marries a non-U.S. citizen, they must file Form I-130 to confirm that their relationship is genuine and to request the U.S. Citizenship and Immigration Services (USCIS) to recognize the spouse as eligible for immigration benefits.
The I-130 petition is the first step of a two-part process. If the spouse is already in the U.S., they may also need to file an I-485 (Application to Register Permanent Residence or Adjust Status) alongside the I-130 to apply for a green card. If the spouse is abroad, they will need to go through consular processing.
2. Processing Times
Processing times for spousal I-130 petitions can vary widely based on several factors such as location, workload, and the citizenship status of the petitioner (U.S. citizen or LPR).
For spouses of U.S. citizens: Processing generally takes around 8–12 months, but it could be longer based on the USCIS service center’s workload.
For spouses of lawful permanent residents: Processing times are often longer, typically 12–18 months, due to visa availability.
Consular Processing (Outside the U.S.): After USCIS approves the I-130, the case is sent to the National Visa Center (NVC) and then to the U.S. Embassy or Consulate in the foreign spouse’s home country. The entire consular process could take another 7–12 months.
3. Forms and Documents Required
In the spousal I-130 process, both the petitioner (U.S. citizen or LPR) and the foreign spouse will need to provide several documents. Here is a list of key forms and supporting documents:
Forms
– I-130 (Petition for Alien Relative)
– I-130A (Supplemental Information for Spouse Beneficiary) – for the spouse living outside the U.S.
– I-485 (Application to Adjust Status) – if applying from within the U.S. (only for those eligible to adjust status).
– I-864 (Affidavit of Support) – for the petitioner to demonstrate financial capability.
– DS-260 (Immigrant Visa Application) – if consular processing is needed.
– G-1145 (Request for e-Notification) – optional, for electronic updates.
Supporting Documents
Proof of U.S. citizenship or lawful permanent residency of the petitioner (birth certificate, naturalization certificate, green card, etc.).
Marriage certificate to prove the legal marriage.
Proof of termination of any prior marriages (divorce decree or death certificate).
Proof of a bona fide marriage: Joint financial documents, photos, lease agreements, travel records, affidavits from friends and family, and correspondence between the spouses.
Affidavits of I-130 (Letters of Support)
Affidavits from friends and family can strengthen the petition by vouching for the legitimacy of the marriage. These letters should:
Format: Typically, a letter of support is written in standard letter format, including the writer’s name, address, relationship to the couple, and a description of the couple’s relationship.
Content: The affidavit should describe how the writer knows the couple, share specific examples that prove the marriage is genuine, and explain why they believe the marriage is valid. The content of each affidavit should have the following information:
– Name and address
– Date of Birth
– Place of Birth
– Relationship to the Beneficiary and/or the petitioner ( USA citizen or Lawful Permanent Resident- LPR)
– Relationship history:
– How you have found out about the relationship
– How you met the couple
– Where you met the couple
– How long you have known the couple
– Any other relevant information
– Signature and Date
The Affidavits sworn to or affirmed by friends or families having personal knowledge of the bona fides of the petitioner and the Beneficiary marital relationship.
** Not all required documents are listed, and additional documents may be needed depending on individual circumstances.
4. Cost of Application
The cost for filing the I-130 petition can vary depending on the method of filing (online or paper) and any additional forms needed.
| Application Step | Cost (USD) |
| I-130- The online filing fee is less than a paper filing fee | $625 (Online) – $675 (Paper) |
| I-485 Filing Fee (if adjusting status in the U.S.): $1,225 (includes the $85 biometrics fee) | $1,225 |
| DS-260 Immigrant Visa Fee (for consular processing) | $325 |
| Affidavit of Support (I-864) | $120 |
| Medical Exam- Varies by provider and country | $200-500 |
5. Filing from Inside the U.S. vs. Outside
Inside the U.S. (Adjustment of Status)
If the foreign spouse is already in the U.S. on a valid visa and qualifies to adjust status, they can file the I-130 and I-485 concurrently. The beneficiary is not allowed to leave USA and should stay in the U.S. while waiting for their green card.
The spouse may also apply for Advance Parole (Form I-131) to travel outside the U.S. while the green card application is pending.
Outside the U.S. (Consular Processing)
If the foreign spouse is outside the U.S., they will need to go through consular processing. After the I-130 is approved, the case will be transferred to the NVC, which will forward it to the U.S. embassy or consulate in the spouse’s home country (e.g., Montreal, Canada).
Once the immigrant visa is issued, the spouse can enter the U.S. as a lawful permanent resident.
Processing Times (USA vs. Canada)
| Process Step | Consular processing outside the USA (from Canada) | Adjustment of Status (AOS) Inside USA |
| I-130 Processing | 12 | 10 |
| Interview Wait | 6 | 4 |
Travel Restrictions
Inside the U.S. (No Travel): If the spouse is in the U.S. and does not have an Advance Parole document, they should not leave the country while the I-485 is pending, or their application could be considered abandoned.
Outside the U.S. (Can Travel): If the spouse is abroad, they can continue living and travelling until their consular processing is completed. However, they will need to attend an interview at a U.S. embassy or consulate (e.g., Montreal for Canadian residents).
6. Interview Process
The final step in the spousal sponsorship process is the interview. This is conducted at the local USCIS office if inside the U.S. (for adjustment of status) or at a U.S. consulate or embassy (for consular processing).
In the U.S.: The USCIS office may call the couple for an interview to assess the validity of the marriage and verify the documents.
Outside the U.S.: Canada Example): The interview will take place at the designated U.S. embassy or consulate. For example in Canada, the Beneficiary will be invited for an interview in Montreal, Canada, where the foreign spouse will answer questions about the relationship and provide additional documentation if needed.
The I-130 process for spousal sponsorship can be lengthy and requires careful attention to detail. Ensuring all forms are filled out correctly, providing strong supporting documents, and preparing for the interview are key steps in achieving a successful outcome. Depending on whether the foreign spouse is inside or outside the U.S., the process varies slightly, but the goal is the same: to reunite the couple and allow the foreign spouse to gain lawful permanent residence in the U.S.A. For example, if the petition is poorly filed or lacks sufficient evidence, USCIS may issue a request for further evidence (RFE). To avoid any delay, contact our experienced Immigration team at YA Law Corporation.