The Marriage-Based Green Card Process

What Is Form I-130?

Form I-130, Petition for Alien Relative, is the foundational step for U.S. citizens and lawful permanent residents seeking to sponsor a spouse for immigration to the United States. Filing the I-130 begins the process that may ultimately allow the foreign spouse to obtain lawful permanent resident status (a Green Card).

Proving a Bona Fide Marriage

USCIS carefully reviews I-130 petitions to confirm that the marriage is legitimate and not entered into solely for immigration purposes. Key documentation typically includes:

• A valid marriage certificate
• Proof of the petitioner’s U.S. citizenship or lawful permanent resident status
• Evidence of a shared life together, such as joint financial accounts, leases or mortgages, photographs, travel records, and affidavits from individuals familiar with the relationship

Strong documentation is critical to avoid delays or requests for additional evidence.

Processing Times and Common Delays

I-130 processing times vary based on several factors, including USCIS workload, the petitioner’s immigration status, and the complexity of the case. Petitions filed by U.S. citizens are generally processed faster than those filed by lawful permanent residents.

Delays may occur if USCIS requests additional evidence or raises concerns regarding the legitimacy of the marriage. An additional area of concern is the financial capabilities of the sponsor/joint sponsor,  making careful preparation especially important.

The Affidavit of Support (Form I-864)

Most marriage-based green card cases also require Form I-864, Affidavit of Support, at the adjustment of status or consular processing stage. This is a legally binding document in which the sponsor agrees to financially support the immigrating spouse.

Sponsors must demonstrate income or assets meeting at least 125% of the federal poverty guidelines to ensure the immigrant will not become a public charge.

Joint Sponsors and Household Members

If the primary sponsor does not meet the income or asset requirements for Form I-864, a joint sponsor may be used. A joint sponsor is a separate individual who agrees to accept legal responsibility for financially supporting the immigrating spouse if necessary.

A joint sponsor must:

• Be a U.S. citizen or lawful permanent resident
  
• Be at least 18 years old
  
• Be domiciled in the United States
  
• Independently meet the income requirements (at least 125% of the federal poverty guidelines) based on their household size

The joint sponsor must submit a separate Form I-864 along with supporting financial documentation. In some cases, a household member may also contribute income by filing Form I-864A, provided they share a residence with the sponsor and meet USCIS requirements.

Because Form I-864 obligations are legally enforceable and may continue for many years, careful planning is required when using a joint sponsor or household member.

Form I-864 and sponsorship issues are the most common questions raised in requests for evidence (RFEs) issued by USCIS. 

What Happens After I-130 Approval?

Once USCIS approves the I-130 petition, the next steps depend on where the foreign spouse is located:

• If the spouse is in the United States, they may be eligible to apply for adjustment of status using Form I-485. In many cases involving U.S. citizen petitioners, the I-130 and I-485 can be filed concurrently.
  
• If the spouse is outside the United States, the case proceeds through consular processing. The approved petition is forwarded to the National Visa Center (NVC) and then to the appropriate U.S. embassy or consulate, where the spouse will attend an immigrant visa interview.

If approved, the spouse enters the United States as a lawful permanent resident.

Next Steps: Marriage-Based Green Card Guidance

Marriage-based green card cases involve multiple stages, detailed documentation, and strict legal requirements. Our team assists couples at every step—from preparing the I-130 petition to navigating adjustment of status or consular processing—to help minimize delays and complications.

To discuss your situation, please complete our form here, email info@eoimmigration.com, or call (305) 391-2105.