How can I help my spouse get legal status in the U.S.?
Learn more about Marriage-Based Petitions and how it can benefit your Spouse
What Is a Marriage-Based Petition?
A marriage-based petition or spouse petition, filed using Form I-130 (Petition for Alien Relative), is the first legal step to obtain lawful permanent resident status (a green card) for your husband or wife. Its purpose is to establish the validity of your marriage to USCIS. Once approved, it allows your spouse to either adjust status in the U.S. (if eligible) or complete consular processing abroad.
Under 2025 policy changes, the Trump administration has increased fraud detection measures, requiring more extensive documentation and in some cases, in-person marriage interviews even for couples who have been married for many years.
Benefits of an Approved Spouse Petition
Creates the legal foundation for your spouse to apply for a green card.
Protects the relationship’s priority date with USCIS.
In some cases, allows the spouse to apply for a work permit and travel authorization while their green card application is pending (if filing inside the U.S.).
Opens the door to eventual U.S. citizenship after three years as a permanent resident (if still married to and living with a U.S. citizen).
Who Can File a Spouse Petition?
You may file an I-130 for your spouse if:
You are a U.S. citizen or lawful permanent resident.
You are legally married under the laws of the place where the marriage occurred.
The marriage is bona fide (entered into for love and commitment, not solely for immigration benefits).
You do not have any criminal charges and/or convictions related to sexual abuse of minors.
Required Evidence
Strong evidence is essential to prove your marriage is genuine. USCIS looks for:
Marriage certificate issued by a civil authority.
Proof of termination of prior marriages (if applicable).
Joint financial records: tax returns, bank statements, joint bills.
Joint residence proof: lease, mortgage, utility bills.
Photographs together across different time periods and locations.
Travel records showing visits or trips together.
Affidavits from friends or family confirming your relationship.
Process & Forms
File Form I-130 with USCIS, along with evidence and the filing fee.
USCIS review and possible request for additional evidence (RFE).
Approval sends the case to the National Visa Center (if spouse is abroad) or allows filing for Adjustment of Status (if in the U.S. and eligible).
Interview: Either at a USCIS field office or U.S. consulate abroad.
Limitations & Risks
Entering into marriage solely for immigration benefits is a federal crime.
Providing insufficient or inconsistent evidence can result in denials.
For couples who have been married less than two years at the time of green card approval, the spouse will receive conditional permanent residency, requiring a future I-751 petition to remove conditions.
If your spouse is in the U.S.undocumented or has immigration violations, additional steps such as an I-601A waiver may be required.
2025 Policy Updates
Under recent guidance, USCIS officers are:
More frequently separating couples during interviews to verify relationship authenticity.
Conducting site visits in suspected fraud cases.
Reviewing social media accounts as part of the background check.
How We Can Help
A spouse petition is more than just filling out a form—it’s about presenting a well-documented, persuasive case that withstands the current heightened scrutiny.
📞 Call J. Molina Immigration Law LLC at 860-474-3705 to schedule your consultation and start building the strongest possible petition for your marriage.