Form I-130 Checklist for Spouses: Starting the Immigration Process (2024)

Before you begin preparing Form I-130, Petition for Alien Relative, it’s helpful to review an I-130 checklist of items that you’ll need to prepare the form.

The petitioner is the U.S. citizen or lawful permanent resident who is filing the petition. The petitioner preparing Form I-130 must provide details about:

• Address history for the past five years
• Dates that previous marriage(s) ended (if any)
• Employment history for the past five years
• Details about previously filed petition for the beneficiary or any other foreign nationals

The beneficiary is the intending immigrant who will apply for permanent residence (green card) in the United States. The beneficiary must provide details about:

• Address history for the past five years
• Dates that previous marriage(s) ended (if any)
• Employment history for the past five years
• Form I-94 record (if presently in the U.S.)
• Any previous immigration proceedings

• USCIS Filing Fee

  Submit the I-130 filing fee. Make the check or money order payable to U.S. Department of Homeland Security or by with credit card using Form G-1450.

• Cover Letter (optional)

  USCIS does not require a cover letter. However, a cover letter can help itemize the documents that you are submitting and clarify any extraordinary circ*mstances that you may have. Review an example I-130 cover letter.

• Form I-130, Petition for Alien Relative

  Submit an accurately prepared petition. The best way to keep your case on schedule is to fill out the form correctly and neatly. Don’t forget to sign.

• Form I-130A, Supplemental Information for Spouse Beneficiary

  USCIS requires this supplement, only if the beneficiary is a spouse. If your spouse is outside the United States, he or she is not required to sign Form I-130A.

• Proof of Status

  If you are a U.S. citizen, submit a photocopy of a birth certificate (if U.S. born), U.S. passport, naturalization certificate, certificate of citizenship, or consular report of birth abroad. If you are a lawful permanent resident, submit a photocopy of both sides of your green card or other proof of permanent residence.

• Marriage Certificate

  Include a copy of your marriage certificate to prove that there is a legal spousal relationship recognized by the governmental body where the marriage was performed.

• Proof of Previous Marriages Terminated

  If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated such as a divorce decree or death certificate (if the marriage was terminated due to the death of a spouse).

• Passport-Style Photos

  Submit two passport-style color photos of yourself and two passport-style color photos of your spouse taken within 30 days of filing the petition. (The requirement is waived for the beneficiary if they are residing outside the United States.)

• Evidence of a Bona Fide Marriage

  Include evidence that you have a bona fide marriage. It’s important to demonstrate you married for genuine reasons, not to evade U.S. immigration laws for the purposes of obtaining a green card. You’ll need to submit copies of documents that show evidence of shared financials liabilities, assets, insurance, tax filings, birth certificates of child born in to the marriage, or other documents that you feel shows your bona fide relationship. Read Evidence of Bona Fide Marriage to Support a Spousal I-130 Petition for more extensive information and example evidence.

The example I-130 checklist described above is for a typical case. Depending on your specific case and how you answers questions on the petition, additional documents and/or evidence may be required at the time of filing.

Upon completing the Immigrant Visa Petition Package on CitizenPath.com you will receive a more detailed I-130 checklist of items to submit with the spousal petition. The personalized instructions are based on your answers in the petition. Therefore, special considerations for factors like children, visa overstays and other questions will be addressed (if they apply to you).

Certain individuals who have accumulated a period of “unlawful presence” in the United States could have a legal obstacle to getting a green card. Unlawful presence includes any time spent in the U.S. by a foreign national:

• Who entered the U.S. without inspection and admission or parole; or
• Whose lawful immigration status expired or was rescinded, revoked, or otherwise terminated.

Therefore, any time spent in the U.S. beyond what is authorized on an I-94 record is a period of unlawful presence. This is also known as a visa overstay. As a general rule, persons that have a period of unauthorized stay should seek the assistance of an immigration attorney when applying for a green card.

There is an exception for the immediate relatives of U.S. citizens. Therefore, if you are a U.S. citizen petitioning a spouse that’s currently in the United States with an overstayed visa, your spouse may be able to adjust status.