Congratulations! If your Form I-130 (Petition for Alien Relative) has been approved, it means that U.S. Citizenship and Immigration Services (USCIS) has recognized the qualifying relationship between a U.S. citizen or lawful permanent resident and their foreign spouse. However, I-130 approval is just the first step in the marriage green card process. The next steps depend on whether your spouse is inside or outside the United States and whether an immigrant visa is immediately available.
This guide will walk you through the exact process after I-130 approval for spouses in two different situations:
- If your spouse is inside the U.S. → You will proceed with Adjustment of Status (Form I-485).
- If your spouse is outside the U.S. → You will go through Consular Processing (NVC and U.S. Embassy interview).
Let’s break down what happens next based on your spouse’s situation.
Step 1: Receive the I-797 Approval Notice
Once USCIS approves Form I-130, they will send an I-797 Notice of Action (Approval Notice) to the petitioner (U.S. citizen or green card holder). This means the petition has been accepted, but it does not grant the foreign spouse a green card or permission to travel or work in the U.S. yet.
The next steps depend on whether your spouse is inside or outside the U.S.
If Your Spouse Is Inside the U.S.: Adjustment of Status (Green Card Without Leaving the U.S.)
Who is eligible?
Your spouse can adjust status (apply for a green card inside the U.S.) if they:
- Entered the U.S. legally (with a visa or parole)
- Are married to a U.S. citizen (immediate relative category)
- Have an immigrant visa available
Step 2: File Form I-485 (Application to Adjust Status)
Your spouse must file Form I-485, Application to Register Permanent Residence or Adjust Status to obtain a green card without leaving the U.S.
Required Forms & Documents:
- Form I-485 – Adjustment of Status application
- Form I-864 – Affidavit of Support (Sponsor’s financial support proof)
- Form I-693 – Medical Examination and Vaccination Record
- Form I-765 (optional) – Work Permit application
- Form I-131 (optional) – Travel Permit application
- Copy of I-130 Approval Notice (I-797)
- Copy of Spouse’s Passport, I-94, and Visa Stamp
- Proof of Bona Fide Marriage – Photos, joint bills, lease, joint bank account, joint credit cards etc.
Processing Time: Adjustment of Status can take 10-24 months, depending on USCIS workload. Check the current USCIS processing time estimates.
Step 3: Biometrics Appointment & Green Card Interview
What happens next?
- USCIS will schedule a biometrics appointment to collect fingerprints.
- Your spouse will be called for a green card interview at a local USCIS office.
- If approved, they will receive a green card in the mail.
If the marriage is less than 2 years old, the spouse will receive a 2-year conditional green card and must later file Form I-751 to remove conditions.
If Your Spouse Is Outside the U.S.: Consular Processing (Green Card Through U.S. Embassy)
Who follows this process?
- Spouses of U.S. citizens or green card holders living abroad
- Spouses who did not enter the U.S. legally or are not eligible for Adjustment of Status
Step 2: Case Sent to National Visa Center (NVC)
After USCIS approves Form I-130, the case is sent to the National Visa Center (NVC), which processes the immigrant visa application.
What to do next?
- Pay Required Fees – Pay the Immigrant Visa Fee and Affidavit of Support Fee.
- Submit Form DS-260 (Immigrant Visa Application) – The foreign spouse must complete the DS-260 visa application online.
Processing Time: NVC processing can take, on average, 4-8 months before the case is forwarded to the U.S. Embassy.
Step 3: Submit Civil Documents & Affidavit of Support
Required Documents for NVC Submission:
- Form DS-260 Confirmation Page
- Form I-864 (Affidavit of Support) – Proof that the U.S. citizen/lawful permanent resident can financially support their spouse
- Birth Certificate of Foreign Spouse
- Police Clearance Certificate from All Countries Lived in Since Age 16
- Valid Passport (Must Be Valid for 6+ Months Beyond Entry Date)
- Marriage Certificate
- Medical Exam Report (Form I-693)
Step 4: U.S. Embassy Visa Interview
Once the NVC approves the documents, the case is forwarded to the U.S. Embassy or Consulate in the spouse’s home country. The embassy will schedule an immigrant visa interview.
What happens at the interview?
- A consular officer will ask about the marriage and relationship.
- If approved, the spouse will receive a CR1 or IR1 immigrant visa in their passport.
- The spouse can travel to the U.S. and receive a green card by mail after arrival.
How Long Does It Take After I-130 Approval?
Processing times vary based on location and visa category. Please review the USCIS processing times for update to date estimates. Here are the current estimated processing times:
| Process | Estimated Processing Time |
|---|---|
| Adjustment of Status (Inside U.S.) | 10-24 months |
| Consular Processing (Outside U.S.) | 12-18 months |
What If There Are I-130 Delays or Denials?
Common Issues That Cause Delays:
- Missing Documents: Check the latest USCIS/NVC requirements.
- Financial Sponsorship Issues: Ensure the petitioner meets income requirements or find a joint sponsor.
- Background Checks or Security Holds: Delays can happen if the spouse has a complicated immigration history.
To help prevent delays or denials, contact our immigration attorney before filing I-130 at (213) 375-4084.
Need Help?
Need help with your green card application? Contact ILOLA to speak with one of our experienced immigration attorneys at (213) 375-4084 or fill out our contact form today.
