I-130 Petition 
With Relative Inside The U.S

If you are a US citizen and married your alien spouse in the US, your spouse may stay and file I-130 while remaining in the States. 

When filing the I-130 petition with spouse in the US, you should file your petition with a local INS office. You may either show up in person early in the morning, schedule an appointment date as some INS offices only take appointments, or mail in your paperwork to your local INS office. 

To find which office you should file your paperwork with and what their hours and procedures are; go to: INS Offices by State
For INS Office processing times go to:  WAITING TIMES FOR INS DISTRICT OFFICES

The forms listed below can be found online at the INS website forms page, or you may call the INS help-line at 1-800-870-3676 and have them sent to you. 

Below are required for filing:

1.Certified copy of the petitioner's birth certificate.

2.Certified copy of the immigrant's birth certificate with English translation. (if in any language other than English)

3.Certified copy of your marriage certificate.

4.Certified copies of death or divorce certificate(s) (If applicable)

5.2 ADIT style photos - One of the petitioner, and of of the immigrant.

6.Copy of the petitioner's proof of naturalization (if applicable)

7.2 G-325a biographical information forms - One for the petitioner and one for the immigrant)

7. I-130 petition with $130 check or money order made out to the "Immigration and Naturalization Services".

8.I-485 Adjustment of Status petition with $255 check or money order, and supporting documents. (The supporting documents for the I-485 are the same as the I-130,except for the ADIT photos. You will need 2 photos of only your spouse (the immigrant) instead of one of the each of you.

9.I-765 Employment Authorization petition, 2 ADIT photos of your spouse (the immigrant), and $120 check or money order.

10.I-131 Permission to Travel Abroad form, 2 ADIT photos of your spouse (the immigrant), and the $110 check or money order. (This is for spouses who wish to travel to their home country during the process)

11.I-864 Affidavit of Support signed and notarized, along with your tax records, and pay stubs.

12.$50 fee for fingerprinting by the FBI.

Now starts the waiting game. Some people who have filed their petitions with an INS office can receive employment authorization that day, but in most cases, your spouse will get their Employment Authorization Document approved in 30/60 days and will be scheduled to have their picture taken and to have their EAD card issued. NOTE: Usually your spouse will also be given an appointment date to have their fingerprints taken for the FBI clearance around the same time they receive their NOA receipt for AOS paperwork.  

After your spouse has received their EAD, the real wait begins. I-485's can take several months to couple years for approval, and often leaves the petitioner feeling completely hopeless of ever receiving approval. DO NOT GIVE UP! Though it seems like forever, the INS will eventually get to your petitions!

Your spouse will also be required to have a medical sometime during the AOS process. The medical must be done by an INS accredited doctor. Your INS office should give you a list of INS accredited doctors in your area, if not check with your local office to get one. The medical exam can cost anywhere from $100-200 dollars, many physicians will not take a check, but only accept cash. Be prepared of the cost before your spouse gets this done. It would be wise to collect their vaccination information before going to the appointment as the doctor will need to have record of them. At the appointment your spouse will be tested for TB, AIDS and Syphilis. If they do the skin test for TB, they will be required to return to the INS doctors office to have the site checked before they finish the exam paperwork. Note: Some  INS Offices allow you to schedule your appointment when you want, as long as it is done before the AOS appointment, check with your INS office to see how they handle INS medical exams before filing your AOS paperwork. 

Eventually you will receive a letter from the INS informing you of your interview date. You and your spouse will need to bring photos, joint checking account, joint lease, joint mortgage, and birth certificates of children if any etc. Also, it is very important to bring your spouses current passport, as the INS will stamp his/her passport with the I-551 stamp if you are approved. (This is proof of permanent residency) that can be used until your they  receive their greencard. This normally can take up to six months, if it hasn't been received within six months, you can fill out this form to inquire about it.  The interview is fairly painless and may be video recorded and lasts between 15-30 minutes.  

NOTE: If you are married less than 2 years, your spouse will have to renew his/her greencard 2 years from issuance by filing the I-751, (cost is $145) to remove conditional status.

[Back to I-130 Immigration Help Site]

Updated: March 01, 2002