130 Checklist of tems to Submit with Spousal Petition USCS Filing Fee. Cover Letter (optional) ... Form 130, Petition for Alien Relative. Form 130A, Supplemental nformation for Spouse Beneficiary. Proof of Status. Marriage Certificate. Proof of Previous Marriages Terminated. PassportStyle Photos.
Generally, after we approve the petition, your relative may apply for a Green Card. If your relative is already in the United States and an immigrant visa is available, they may be eligible to apply for their Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
You must file a separate Form I-130 for each eligible relative unless they can be considered a derivative beneficiary. See the form instructions for more information. If you submit a petition for your spouse, you must also submit Form I-130A, Supplemental Information for Spouse Beneficiary.
Can Form I-485 be filed online? You must file Form I-485 via mail to a USCIS service center. If you and your relative are filing Form I-130 and Form I-485 together, you can still file Form I-130 online, but you must physically send Form I-485 to the correct USCIS Service Center.
Green Card Processing Time for Spouses of Green Card Holders If your spouse is a green card holder and you currently live in the United States, then you will wait about 35 months to receive your green card.
A marriage green card or spousal visa, for example, can take anywhere from 10–35 months. Even if you're confident that you qualify for a family-based green card, you're probably eager to finish the process and actually hold the green card in your hand.
To solve that problem, USCIS uses the 90-day rule, which states that temporary visa holders who marry or apply for a green card within 90 days of arriving in the United States are automatically presumed to have misrepresented their original intentions.
Marriage-based green cards are processed the quickest for candidates living in the United States and married to United States citizens. This is because the green card interview and approval take 1-2 months, while the application process takes 9-11 months.