Marriage Visa (I‑130 & I‑485)
Getting your spouse lawfully by your side in the U.S. can feel like a romance novel crossed with Sudoku. I’ve seen couples laugh, cry, and almost tear up their documents out of frustration—only to celebrate when I‑130 and I‑485 finally clear.
Negatives
● Timing: Often 10–14 months total—any mistake can add 6+ more.
● RFEs: Missing addresses, unclear translations, or unpaid fees will trigger Requests for Evidence.
● Emotional Toll: Every two‑week wait can feel like two years.
Positives
● Path to Green Card: Once approved, spouse gets permanent residency.
● Family Unity: Live, work, and study without constant visa renewals.
● Work Authorization: I‑485 includes an optional I‑765, so your spouse can work while it’s pending.
Tricks
● Address Chart: Create a simple spreadsheet for all past U.S. addresses—attach it instead of filling dozens of lines.
● Joint Evidence Pack: Scan your lease, bank statements, and even concert tickets into one PDF, with tabs labeled “Exhibit A, B, C.”
● Preview Fee Waiver: If income is under 150% of the Federal Poverty Guidelines, request a fee waiver for I‑485 (Form I‑912).
Negatives
● Timing: Often 10–14 months total—any mistake can add 6+ more.
● RFEs: Missing addresses, unclear translations, or unpaid fees will trigger Requests for Evidence.
● Emotional Toll: Every two‑week wait can feel like two years.
Positives
● Path to Green Card: Once approved, spouse gets permanent residency.
● Family Unity: Live, work, and study without constant visa renewals.
● Work Authorization: I‑485 includes an optional I‑765, so your spouse can work while it’s pending.
Tricks
● Address Chart: Create a simple spreadsheet for all past U.S. addresses—attach it instead of filling dozens of lines.
● Joint Evidence Pack: Scan your lease, bank statements, and even concert tickets into one PDF, with tabs labeled “Exhibit A, B, C.”
● Preview Fee Waiver: If income is under 150% of the Federal Poverty Guidelines, request a fee waiver for I‑485 (Form I‑912).
Step‑by‑Step Process
1. Gather marriage proof → 2. File I‑130 → 3. Wait ~6–8 months → 4. (If in U.S.) File I‑485 + I‑765 + I‑131 → 5. Biometrics → 6. Interview → 7. Green Card arrives
Payments & Waivers
● I‑130 fee: $535 (no waiver)
● I‑485 fee: $1,140 + $85 biometrics (fee waiver possible via I‑912)
● I‑765 / I‑131: $410 each (often filed free with I‑485)
● I‑485 fee: $1,140 + $85 biometrics (fee waiver possible via I‑912)
● I‑765 / I‑131: $410 each (often filed free with I‑485)
Special Circumstances
● E‑Visa Statuses: Fiancé(e) K‑1 → marriage + I‑485 can shorten queue.
● Diversity Visa: If spouse won DV lottery, adjustment can be faster.
● Military / VAWA: Expedited processes exist for service members or abuse survivors.
● Diversity Visa: If spouse won DV lottery, adjustment can be faster.
● Military / VAWA: Expedited processes exist for service members or abuse survivors.
1. Process Overview & Steps
● Step 1: Gather Proof of Bona Fide Marriage
• Marriage certificate, joint lease or bank statements, photos together
● Step 2: Complete Form I‑130
• Petition filed by U.S. citizen spouse
● Step 3: (If in the U.S.) Complete Form I‑485
• Adjustment of Status application
● Step 4: Affidavit of Support (I‑864)
• Demonstrate financial ability to support
● Step 5: Biometrics & Interview
2. Estimated Timeline
● Document Prep: 2–4 weeks
● I‑130 Approval: 6–8 months
● I‑485 Processing: 8–12 months (often concurrent)
● Total: ~10–14 months
3. Key Difficulty & Resolution
Difficulty: Our client “Ana & Miguel” had all documents but forgot to list Miguel’s previous address history on I‑130—risking a Request for Evidence (RFE).
Resolution: During the consultation, Daniel flagged the missing address timeline, we added a clear address chart, and avoided an RFE altogether.
4. Single-Consultation
Impact Ana had almost submitted everything herself, only missing that one section. In a one-hour call with Daniel, we corrected the oversight and reorganized the filing order. No extra USCIS requests, and the case sailed through on schedule.
● Step 1: Gather Proof of Bona Fide Marriage
• Marriage certificate, joint lease or bank statements, photos together
● Step 2: Complete Form I‑130
• Petition filed by U.S. citizen spouse
● Step 3: (If in the U.S.) Complete Form I‑485
• Adjustment of Status application
● Step 4: Affidavit of Support (I‑864)
• Demonstrate financial ability to support
● Step 5: Biometrics & Interview
2. Estimated Timeline
● Document Prep: 2–4 weeks
● I‑130 Approval: 6–8 months
● I‑485 Processing: 8–12 months (often concurrent)
● Total: ~10–14 months
3. Key Difficulty & Resolution
Difficulty: Our client “Ana & Miguel” had all documents but forgot to list Miguel’s previous address history on I‑130—risking a Request for Evidence (RFE).
Resolution: During the consultation, Daniel flagged the missing address timeline, we added a clear address chart, and avoided an RFE altogether.
4. Single-Consultation
Impact Ana had almost submitted everything herself, only missing that one section. In a one-hour call with Daniel, we corrected the oversight and reorganized the filing order. No extra USCIS requests, and the case sailed through on schedule.
Marriage Visa STEP BY STEP (Form I‑130 & Form I‑485)
Form I‑130 (Petition for Alien Relative)
Part 1 – Relationship
○ Check the box “Spouse” of U.S. citizen.
Part 2 – Petitioners Information (U.S. citizen)
○ Name, date of birth, address, A‑number (if any), Social Security Number.
○ Provide proof of status (copy of birth certificate or naturalization certificate).
Part 3 – Beneficiary Information (Your spouse)
○ Name in native alphabet, other names used, date/place of birth, country of citizenship.
○ Current U.S. status (if in the U.S.) and entry date (from I‑94).
Part 4 – Other Information
○ Marital history for both petitioner and beneficiary (dates of prior marriages, how they ended).
Part 5 – Basis for Petition
○ Check only “marriage to a U.S. citizen.”
Part 6 – Additional Information
○ Provide any pending petitions or previous denials (if applicable).
Part 7 – Signature
○ Petitioner signs and dates.
8. Supporting Documents
○ Marriage certificate, joint leases/statements, photos, affidavits.
○ Check the box “Spouse” of U.S. citizen.
Part 2 – Petitioners Information (U.S. citizen)
○ Name, date of birth, address, A‑number (if any), Social Security Number.
○ Provide proof of status (copy of birth certificate or naturalization certificate).
Part 3 – Beneficiary Information (Your spouse)
○ Name in native alphabet, other names used, date/place of birth, country of citizenship.
○ Current U.S. status (if in the U.S.) and entry date (from I‑94).
Part 4 – Other Information
○ Marital history for both petitioner and beneficiary (dates of prior marriages, how they ended).
Part 5 – Basis for Petition
○ Check only “marriage to a U.S. citizen.”
Part 6 – Additional Information
○ Provide any pending petitions or previous denials (if applicable).
Part 7 – Signature
○ Petitioner signs and dates.
8. Supporting Documents
○ Marriage certificate, joint leases/statements, photos, affidavits.
Form I‑485 (Adjustment of Status)
Part 1 – Basis for Filing
○ Check “I‑130 approved or concurrently filed.”
Part 2 – Personal Information
○ Name, address, date/place of birth, gender, marital status.
○ A‑number (from I‑130 receipt), USCIS online account number (if any).
Part 3 – Additional Information
○ Height, weight, eye/hair color, ethnicity.
Part 4 – Address History
○ List every U.S. address for the past five years with dates.
Part 5 – Information About Your Parents
○ Names, dates of birth, country of birth.
Part 6 – Biographic Information
○ Ethnicity, race, height, etc. (some questions may be optional).
Part 7 – Marital History
○ Details of all prior marriages of both you and your spouse.
Part 8 – Information About Your Children
○ List every dependent child (even if they are not applying).
Part 9 – Applicant’s Statement, Contact Info, and Signature
○ Check correct box for interpreter/ preparer (if used), sign, date.
Part 10 – Applicant’s Contact Info
○ Provide daytime phone, email.
Part 11 – Interpreter’s Contact Info & Signature (if used)
Part 12 – Preparer’s Contact Info & Signature (if someone helped you complete the form)
Part 13 – Additional Information
○ Use this space for any extra answers that didn’t fit above.
Supporting Documents
○ Birth certificate, passport photos, I‑94, medical exam (Form I‑693), I‑130 receipt, Affidavit of Support (Form I‑864), filing fees.
○ Check “I‑130 approved or concurrently filed.”
Part 2 – Personal Information
○ Name, address, date/place of birth, gender, marital status.
○ A‑number (from I‑130 receipt), USCIS online account number (if any).
Part 3 – Additional Information
○ Height, weight, eye/hair color, ethnicity.
Part 4 – Address History
○ List every U.S. address for the past five years with dates.
Part 5 – Information About Your Parents
○ Names, dates of birth, country of birth.
Part 6 – Biographic Information
○ Ethnicity, race, height, etc. (some questions may be optional).
Part 7 – Marital History
○ Details of all prior marriages of both you and your spouse.
Part 8 – Information About Your Children
○ List every dependent child (even if they are not applying).
Part 9 – Applicant’s Statement, Contact Info, and Signature
○ Check correct box for interpreter/ preparer (if used), sign, date.
Part 10 – Applicant’s Contact Info
○ Provide daytime phone, email.
Part 11 – Interpreter’s Contact Info & Signature (if used)
Part 12 – Preparer’s Contact Info & Signature (if someone helped you complete the form)
Part 13 – Additional Information
○ Use this space for any extra answers that didn’t fit above.
Supporting Documents
○ Birth certificate, passport photos, I‑94, medical exam (Form I‑693), I‑130 receipt, Affidavit of Support (Form I‑864), filing fees.
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