Marriage-Based Petitions in the USA: How to File and What You Need to Know

Step 1: File Form I-130 – Petition for Alien Relative
This form establishes the existence of a legitimate marriage. You’ll need to provide:

• Proof of your U.S. citizenship or green card status
• Marriage certificate
• Evidence that your marriage is genuine (e.g., joint leases, bank accounts, photos together, affidavits from friends/family)

Step 2: Adjustment of Status or Consular Processing
Depending on where your spouse currently resides, there are two ways to proceed:

• Inside the U.S.: File Form I-485 (Application to Register Permanent Residence or Adjust Status). This is known as Adjustment of Status (AOS) and allows your spouse to apply for a green card without leaving the U.S.
• Outside the U.S.: Consular Processing. The application is forwarded to the National Visa Center (NVC) and then to a U.S. embassy or consulate abroad for an interview.

Step 3: Attend the Biometrics Appointment and Interview
USCIS will schedule a biometrics appointment to collect fingerprints, photos, and a signature. Later, both spouses may be required to attend an interview to verify the legitimacy of the marriage.

Step 4: Receive a Decision
If everything checks out, your spouse will receive either a:

• Conditional Green Card (valid for 2 years) if the marriage is less than 2 years old at the time of approval
• Permanent Green Card (valid for 10 years) if the marriage is over 2 years old