Does an approved I-130 give my spouse the right to work?

No. The I-130 only establishes the relationship. Work authorization only comes after filing for Adjustment of Status (I-485) or upon entering the U.S. with an immigrant visa.

Can we file the I-130 if we married abroad?

Yes. As long as the marriage is legally recognized in the country where it was performed and does not violate U.S. public policy (e.g., polygamy), it is valid for I-130 purposes.

Form I-130: Sponsoring a Spouse for a U.S. Green Card (2026)

Q: What happens after the I-130 is approved?

If the spouse is abroad, the case moves to the National Visa Center (NVC). If the spouse is in the U.S. legally, they may be eligible to Adjust Status.

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Form I-130: Sponsoring a Spouse for a U.S. Green Card (2026)

Last Updated:	*February 2026*
Written by:	*Mark I. Davies, Esq., MBA (Wharton School), Fellow University of Pennsylvania Carey Law School. Ga. Bar License #: 250186, AILA Member, SRA ID: #384468.*
Reviewed by:	*Priyanka Sharma Cade, Immigration Paralegal, One World Trade Center, Suite 8500 - New York, NY 10007*

EB-5 Visa Guide EB-5 Visa Cost EB-5 Processing Time Immigrant Visa Interview Preparation Guide

I-130 Filing Methods: Online vs. Paper
The 3 Pillars of a Successful I-130 Petition
Common Pitfalls to Avoid
Frequently Asked Questions (FAQs)

Executive Summary: The First Step to a Marriage Green Card

The Form I-130, Petition for Alien Relative, is the mandatory first step for any U.S. citizen seeking to sponsor their foreign spouse for permanent residency. Its sole purpose is to prove two things to the U.S. government: that the petitioner is a U.S. citizen and that the marriage is legally valid and "bona fide" (entered into for love, not for a visa).

Who This Guide Is For:

U.S. Citizens: Petitioners looking to start the immigration process for their spouse.
International Couples: Spouses living apart (Consular Processing) or together in the U.S. (Adjustment of Status).
Proactive Planners: Couples who want to avoid a Request for Evidence (RFE) by submitting a "decision-ready" file.

I-130 Filing Methods: Online vs. Paper (2026)

Feature	Online Filing (Recommended)	Paper Filing (Mail)
Speed	Instant receipt notice (I-797C)	2–4 weeks for receipt notice
Filing Fee	$625	$675
Error Reduction	System prevents missing fields	High risk of rejection for missing signatures
Evidence	Upload digital PDFs/JPGs	Must print and mail physical copies

The 3 Pillars of a Successful I-130 Petition

Proof of Petitioner’s U.S. Status - The burden of proof is on the U.S. citizen to demonstrate they have the legal right to sponsor.
- Primary Evidence: Unexpired U.S. Passport, Birth Certificate, or Naturalization Certificate.

Legal Validity of the Marriage - You must prove the marriage is recognized by the law where it took place.
- The Marriage Certificate: Must be an official civil record (religious certificates alone are often insufficient).
- Termination of Prior Marriages: You must provide divorce decrees, annulments, or death certificates for all previous marriages for both spouses.

The "Bona Fides" (Evidence of a Real Relationship) - This is the most critical part of the I-130. USCIS looks for "commingling of life."
- Financial Documentation: Joint bank statements, credit cards, or tax returns.
- Shared Residence: Lease agreements, mortgages, or utility bills in both names.
- Affidavits: Sworn statements from third parties (friends, family, employers) who have personal knowledge of the relationship.

Estimated Costs & Processing Timelines (2026)

Item	Estimated Cost	Notes
I-130 Filing Fee	$625 (Online)	Mandatory government fee.
I-130A Supplement	$0	Required for all spouse beneficiaries.
Translation Fees	$25–$75/page	Required for any non-English documents.
Processing Time	10–14 Months	Average time for "Immediate Relative" category.

⚠️ Common Pitfalls to Avoid

The I-130A Oversight: If you are petitioning for a spouse, you must also include Form I-130A (Supplemental Information). While the petitioner signs the I-130, the foreign spouse completes the I-130A.

Insufficient Relationship Proof: Submitting only a marriage certificate is the fastest way to get an RFE. USCIS expects a "history" of the relationship through photos, travel receipts, and joint accounts.

Filing for a Spouse of a Green Card Holder: Note that this guide is for U.S. Citizens. If the petitioner is a Lawful Permanent Resident (LPR), the spouse falls under the F2A Category, which currently faces significant backlogs of 4–7 years.

Customized I-130 Document Checklist (2026)

Sponsoring a Spouse for a U.S. Green Card

To ensure your I-130 petition is "decision-ready," use the checklists below. Your documentation strategy changes significantly depending on whether your spouse is physically present in the U.S. or waiting abroad.

Part A: The "Core Essentials" (Required for All Couples)

Proof of Petitioner’s U.S. Citizenship:
- Full-page copy of your unexpired U.S. Passport OR
- U.S. Birth Certificate OR
- Naturalization Certificate.

Legal Marriage Document:
- Certified civil marriage certificate (Long-form preferred).
- Note: If the certificate is not in English, you must include a Certified English Translation.

Proof of Termination of Prior Marriages:
- Divorce decrees, annulment papers, or death certificates for every previous marriage for both you and your spouse.

Passport-Style Photos:
- Two (2) 2"x2" color photos of the Petitioner.
- Two (2) 2"x2" color photos of the Beneficiary (Spouse).

Form I-130A (Supplemental Information):
- Must be completed by the foreign spouse. If the spouse is abroad, they do not need to sign it, but it must be included.

Part B: Proving the "Bona Fide" Marriage

Category	Recommended Documents
Financial	Joint bank statements (showing active use), Joint tax returns (IRS transcripts), Life insurance naming spouse as beneficiary.
Co-habitation	Joint lease or mortgage, Utility bills (Gas, Electric, Water) showing both names at the same address.
Affidavits	2-3 sworn letters from friends or family members who witnessed your relationship/wedding.
Relationship History	10-15 photos spanning the relationship (labeled with dates/locations), Flight itineraries for trips taken together, Wedding invites.

Part C: Location-Specific Requirements

Case 1: Spouse is OUTSIDE the U.S. (Consular Processing)

Proof of Communication: Logs from WhatsApp, FaceTime, or Zoom showing regular contact.
Evidence of Visits: Copies of boarding passes, passport stamps, and hotel receipts from when you visited each other.
Birth Certificates of Children: If you have children together, their birth certificates are considered "High-Value" evidence.

Case 2: Spouse is INSIDE the U.S. (Adjustment of Status)

Form I-94: A copy of the spouse’s most recent arrival record to prove legal entry.
Same-Address IDs: Driver licenses or State IDs showing the same home address.
Employment Records: Documents showing the spouse as an "Emergency Contact" at the petitioner workplace.

The "Expert" Filing Strategy

File Online: It’s $50 cheaper ($625 vs $675) and you get an immediate receipt number.
PDF Organization: Combine your evidence into clear, labeled PDFs (e.g., "Financial_Evidence.pdf", "Relationship_Photos.pdf").
The Cover Letter: Always include a brief cover letter that lists every document included in the packet. This acts as a table of contents for the USCIS officer.

For more information, visit the official USCIS I-130 Page.

Frequently Asked Questions (FAQs)

1. What is Form I-130?

Form I-130 is a petition filed with USCIS to establish a qualifying family relationship between a U.S. citizen or permanent resident and a foreign relative who wants to immigrate to the United States.

2. Who can file an I-130?

You can file an I-130 if you are:

A U.S. citizen petitioning for:

Spouse
Children (married or unmarried)
Parents
Brothers or sisters

A lawful permanent resident (green card holder) petitioning for:

Spouse
Unmarried children

3. Does filing an I-130 give my relative a green card?

No. The I-130 only proves the family relationship. It does not by itself give immigration status or a green card. Your relative must complete additional steps after approval.

4. How long does the I-130 process take?

Processing times vary depending on:

Your immigration status (citizen vs. resident)
The relationship
The USCIS service center

On average, it can take 12-18 months to several years.

5. Can my relative stay in the U.S. while the I-130 is pending?

Not automatically. Your relative must already have valid legal status or file a separate application (like Adjustment of Status) if eligible.

6. What documents are needed for an I-130?

Common documents include:

Proof of U.S. citizenship or green card
Birth certificate or marriage certificate
Passport-style photos
Proof of a real relationship (for spouses)

7. Can I file I-130 online?

Yes. USCIS allows online filing for many I-130 petitions through a USCIS account.

8. What is the filing fee for I-130?

As of now, the government filing fee is $675, but fees can change.

9. What happens after the I-130 is approved?

After approval:

If your relative is in the U.S., they may file for Adjustment of Status
If abroad, the case goes to the National Visa Center (NVC) for consular processing

10. Can I file for more than one family member?

Yes. Each relative requires a separate I-130 petition and fee.

11. What if my I-130 is denied?

You may:

File an appeal
Refile with stronger evidence
Consult an immigration attorney to fix issues

12. Do I need a lawyer to file I-130?

A lawyer is not required, but legal help is strongly recommended if:

There are prior visa overstays
Criminal history exists
The relationship is complex
Previous petitions were denied

13. What is a “priority date”?

The priority date is the date USCIS receives your petition. It determines when your relative can move forward if visas are limited.

14. Can I withdraw an I-130?

Yes. The petitioner can withdraw the petition in writing before a green card is issued.

15. Is the I-130 the same for all relatives?

The form is the same, but processing time and visa availability differ by relationship category.

⚖️ Expert Tip: In 2026, USCIS "Service Center Shopping" is common. Your case may be moved from California to Nebraska to balance workloads. Do not panic if your receipt notice comes from a different state than where you live; it’s an internal efficiency move.

Attorney Credentials (Mark I Davies, Esq.)

Mark I Davies, Esq. JD, University of Pennsylvania Law School, Licensed with the SRA (SRA ID: 384468) in the UK, Member Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer, Licensed (USA), Georgia State Bar. AILA Member.

Area	Details
Education	JD, University of Pennsylvania Carey Law School \| MBA (Finance), The Wharton School, University of Pennsylvania \| Chartered Accountant (ICAEW)
Financial Training	Completed Analyst Training Program at a major international bank \| Chartered Accountant background with professional training in financial analysis and reporting
Legal Practice	Admitted to practice in Georgia (USA) \| Registered Solicitor with the Law Society of England & Wales \| Former CMBS lawyer at one of the world’s largest international law firms
Immigration Track Record	15+ years advising HNW investors \| Zero denials for clients advised on source-of-funds compliance in EB-5 \| Hundreds of successful EB-5 cases globally
Recognition	Named a Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine (2018–2023)
Professional Engagements	Lecturer/trainer for other lawyers at AILA, ACA, University of Pennsylvania Law School \| Frequent speaker at global investment immigration conferences

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