Which Stage of the Marriage Green Card Timeline Does I-130 Cover?

Key Takeaways

• The I-130 petition initiates the marriage green card process for U.S. citizens or green card holders.
• Processing times vary: 14–17 months for citizens, up to 35 months for green card holders.
• Form I-130 filing fee is $535 as of 2025; USCIS sends receipt notice within 2–4 weeks.

If you’re planning to bring your spouse to the United States 🇺🇸 and help them get a marriage green card, the process starts with the I-130 petition. This step is essential, and understanding how it works can save you time, money, and stress. Below, you’ll find a clear, step-by-step guide to the I-130 petition process, how it fits into the marriage green card timeline, and what you need to do to avoid common mistakes. This guide is designed to help you move forward with confidence.

Introduction: Why the I-130 Petition Matters in the Marriage Green Card Process

The I-130 petition, officially called the “Petition for Alien Relative,” is the first and most important step when a U.S. citizen or green card holder wants to help their spouse get a marriage green card. This form is filed with U.S. Citizenship and Immigration Services (USCIS) to prove that your marriage is real and that your spouse qualifies to immigrate to the United States 🇺🇸.

Without an approved I-130 petition, your spouse cannot move forward with the green card application. The approval shows the U.S. government that your relationship is genuine and that your spouse is eligible to apply for permanent residence. The time it takes to process this petition can be long, so it’s important to do everything right from the start.

Step 1: Gather Documents and Prepare Your I-130 Petition

Before you fill out the I-130 petition, you need to collect several documents. Having everything ready will make the process smoother and help avoid delays.

What You Need

• Proof of U.S. citizenship or green card status: This can be a U.S. passport, birth certificate, naturalization certificate, or green card.
• Marriage certificate: This document proves that you are legally married.
• Proof of previous marriages ending: If either spouse was married before, you must show divorce decrees or death certificates.
• Evidence of a real marriage: This can include joint bank statements, lease agreements, photos together, children’s birth certificates, or affidavits from friends and family.
• Passport-style photos: Both spouses need to provide these.
• Filing fee: As of 2025, the fee for Form I-130 is $535. Always check the official USCIS I-130 page for the most current fee.

Tips for Success

• Double-check all documents for accuracy and completeness.
• Translate any documents not in English and include a certified translation.
• Make copies of everything you send to USCIS.

Time Estimate

• Document gathering: 1–2 weeks (may take longer if you need to request records or translations)

Step 2: Complete and File Form I-130

Once you have your documents, it’s time to fill out Form I-130. This form asks for information about you (the petitioner) and your spouse (the beneficiary).

How to Fill Out Form I-130

• Answer every question honestly and completely.
• Use your full legal names as shown on official documents.
• Include all required supporting documents as listed above.
• Sign and date the form. Unsigned forms will be rejected.

Filing Options

• Online: You can file Form I-130 online through your USCIS account.
• By mail: You can mail the form and documents to the correct USCIS address (listed on the USCIS website).

Time Estimate

• Form completion: 1–3 days (if all documents are ready)
• Mailing or online submission: Immediate, but allow a few days for mail delivery if not filing online

Common Pitfalls

• Missing signatures: This is one of the most common reasons for rejection.
• Incorrect fee: Always check the latest fee before submitting.
• Incomplete answers: Leaving blanks can cause delays or denials.

Step 3: Receive Receipt Notice (Form I-797C)

After USCIS receives your I-130 petition, they will send you a receipt notice (Form I-797C, Notice of Action). This notice confirms that your petition has been received and is being processed.

What to Expect

• Receipt notice arrives within 2–4 weeks after filing.
• Receipt number: This number lets you check your case status online.

Time Estimate

• 2–4 weeks after filing

Step 4: Wait for USCIS Processing

This is the longest part of the process. USCIS will review your I-130 petition, check your documents, and may ask for more information if needed.

Average Processing Times (2025)

• U.S. citizen sponsoring spouse: 14 to 17 months
• Green card holder sponsoring spouse: Up to 35 months
• Note: Times can vary based on the USCIS service center and case details.

What Happens During Processing

• Background checks: USCIS checks both spouses’ backgrounds.
• Request for Evidence (RFE): If something is missing or unclear, USCIS may send an RFE. Respond quickly and completely to avoid more delays.

Tips for This Stage

• Check your case status regularly using your receipt number on the USCIS Case Status page.
• Respond to any USCIS requests as soon as possible.
• Keep your address updated with USCIS to receive all notices.

Time Estimate

• 14 to 35 months (depending on sponsor’s status and USCIS workload)

Step 5: Approval of the I-130 Petition

Once USCIS approves your I-130 petition, you’ll receive an approval notice. This means your relationship has been recognized, and your spouse can move to the next step toward a marriage green card.

What Approval Means

• For spouses of U.S. citizens: Your spouse can immediately apply for a green card (if in the United States 🇺🇸) or start consular processing (if abroad).
• For spouses of green card holders: Your spouse may need to wait for a visa number to become available, which can take months or years.

Time Estimate

• Approval notice arrives within a few weeks after decision

Step 6: Next Steps After I-130 Approval

After the I-130 petition is approved, your spouse can move forward with the green card application. There are two main paths:

6a. Adjustment of Status (If Spouse Is in the United States 🇺🇸)

• File Form I-485 (Application to Register Permanent Residence or Adjust Status): This form lets your spouse apply for a green card without leaving the country.
• Processing time: 9 to 20 months
• Interview: Most applicants will have an interview at a local USCIS office.

6b. Consular Processing (If Spouse Is Outside the United States 🇺🇸)

• National Visa Center (NVC) processing: After I-130 approval, the case goes to the NVC, which collects more documents and fees.
• Visa interview: Your spouse will attend an interview at a U.S. embassy or consulate.
• Processing time: 9 to 20 months (varies by country and embassy workload)

Important Note

• Visa availability: For U.S. citizen spouses, visas are usually available right away. For green card holder spouses, there may be a wait for a visa number.

Common Pitfalls and How to Avoid Them

1. Incomplete or Incorrect Forms

• Double-check all answers before submitting.
• Use the latest version of each form from the official USCIS website.

2. Missing Documents

• Review the checklist before filing.
• Include certified translations for any non-English documents.

3. Delayed Responses to USCIS

• Respond to RFEs as soon as possible.
• Keep your contact information up to date with USCIS.

4. Not Monitoring Case Status

• Check your case status online regularly.
• Sign up for email or text alerts from USCIS.

5. Not Preparing for the Next Step

• Gather documents for the green card application while waiting for I-130 approval.
• Plan for medical exams, interviews, and additional fees for the next stage.

Troubleshooting: What to Do If You Face Delays or Problems

If Your Case Is Taking Longer Than Average

• Check the current processing times for your USCIS service center using the USCIS Processing Times tool.
• Contact USCIS if your case is outside normal processing times.
• Consider speaking with an immigration attorney if you suspect a problem.

If You Receive a Request for Evidence (RFE)

• Read the RFE carefully and provide exactly what is asked for.
• Send your response by the deadline listed in the notice.
• Keep copies of everything you send.

If Your Petition Is Denied

• Read the denial notice to understand the reason.
• Consult an immigration attorney to discuss your options, which may include filing a new petition or appealing the decision.

Checklist Summary: I-130 Petition for Marriage Green Card

Before Filing:
– [ ] Gather proof of U.S. citizenship or green card status
– [ ] Obtain marriage certificate
– [ ] Collect proof of previous marriages ending (if any)
– [ ] Gather evidence of a real marriage
– [ ] Get passport-style photos for both spouses
– [ ] Prepare translations for non-English documents
– [ ] Check the current filing fee

Filing:
– [ ] Complete Form I-130 accurately
– [ ] Include all required documents
– [ ] Sign and date the form
– [ ] Pay the correct fee
– [ ] Submit online or by mail

After Filing:
– [ ] Watch for receipt notice (Form I-797C)
– [ ] Track your case status online
– [ ] Respond quickly to any USCIS requests
– [ ] Keep your address updated with USCIS

After Approval:
– [ ] Prepare for adjustment of status or consular processing
– [ ] Gather documents for the next step
– [ ] Plan for interviews and medical exams

Time Estimates for Each Step

Key Points to Remember

• The I-130 petition is the first and most important step in the marriage green card process.
• Processing times are long—plan for 14 to 17 months if you are a U.S. citizen, or up to 35 months if you are a green card holder.
• Approval of the I-130 petition is required before your spouse can apply for a green card.
• Mistakes or missing documents can cause delays—be thorough and careful.
• Stay informed by checking the USCIS I-130 page and using the USCIS Processing Times tool.

Additional Resources

• USCIS I-130 Official Page: For the latest forms, instructions, and filing fees.
• USCIS Processing Times Tool: To check how long your case may take.
• Form I-485 (Adjustment of Status): For spouses applying from within the United States 🇺🇸.

As reported by VisaVerge.com, careful preparation and attention to detail can help you avoid common problems and keep your case on track. Immigration attorneys also recommend starting early and keeping good records throughout the process.

Final Takeaways and Next Steps

• Start early: The I-130 petition is the foundation of the marriage green card process. Delays here will affect the entire timeline.
• Be thorough: Double-check every document and answer.
• Stay organized: Keep copies of everything and track your case status.
• Prepare for the next step: While waiting for I-130 approval, gather documents for the green card application.
• Seek help if needed: If you run into problems or have questions, consult an immigration attorney.

For the most current and official information, always refer to the USCIS I-130 page. This is the best place to find updates, forms, and instructions straight from U.S. Citizenship and Immigration Services.

By following these steps and staying informed, you can move through the I-130 petition process with greater confidence and help your spouse get closer to receiving their marriage green card.

Learn Today

I-130 Petition → Official form to prove the validity of a family relationship for immigration purposes.
Adjustment of Status → Process for immigrants in the U.S. to apply for permanent residency without leaving.
Request for Evidence (RFE) → USCIS notice asking for additional documents or information to process the petition.
Consular Processing → Procedure for applying for a visa at a U.S. embassy or consulate abroad.
Receipt Notice (Form I-797C) → USCIS confirmation letter acknowledging receipt of your petition or application.

This Article in a Nutshell

Starting a marriage green card begins with the I-130 petition, establishing a genuine spouse relationship. Accurate documents and prompt USCIS responses prevent delays, empowering sponsors to navigate the complex, lengthy process toward permanent residency confidently and efficiently.
— By VisaVerge.com