JG

Law Office of Jacquelyn R. Goncalves

Spousal I-130 Petition

Petition for Spouse: Bringing Your Husband or Wife to America

A spousal petition (Form I-130) is how U.S. citizens and permanent residents sponsor their foreign national spouse for a green card. It is the most common family immigration case — and one of the most carefully reviewed by USCIS fraud detection units.

Attorney Goncalves handles spousal petitions from initial I-130 filing through adjustment of status or consular processing, conditional residence, and removal of conditions.

Immigration consultation

U.S. Citizen vs. Permanent Resident Petitioner

U.S. Citizen Petitioner

Immediate Relative — No Wait

  • ✓ Visa immediately available — no backlog
  • ✓ Spouse can file I-485 concurrently if in U.S.
  • ✓ CR-1 (conditional) if married less than 2 years
  • ✓ IR-1 (unconditional) if married 2+ years at approval
  • ✓ K-3 visa available (rarely used today)
  • ✓ Processing: typically 10–14 months (AOS)

LPR Petitioner

F2A Preference — Subject to Wait

  • • Visa availability depends on Visa Bulletin
  • • Cannot file I-485 until priority date is current
  • • Spouse may need to wait abroad or maintain valid status
  • • Upgrading to citizen petitioner eliminates wait
  • • Children may be derivatives on the petition
  • • Processing: varies with visa bulletin dates

In the U.S. vs. Abroad: Two Paths

Adjustment of Status (In U.S.)

If your spouse entered the U.S. lawfully and a visa is available, they may file I-485 without leaving. Concurrent filing with I-130, I-765, and I-131 is common for immediate relatives.

Forms: I-130 + I-485 + I-864 + I-693 + I-765 + I-131

Consular Processing (Abroad)

If your spouse is outside the U.S., the case proceeds through the National Visa Center and a U.S. embassy or consulate after I-130 approval. Embassy interview required.

Forms: I-130 → NVC → DS-260 + I-864 + civil documents

Conditional Residence Warning

Marriages less than two years old at the time of green card approval result in a two-year conditional card. You must file I-751 within 90 days before expiration — we calendar this deadline from the moment your case is approved.

Spousal Petition FAQs

Can I petition for my same-sex spouse?+
Yes. Since the Supreme Court's Windsor decision (2013), same-sex marriages are recognized for federal immigration purposes if the marriage was valid where performed.
What if we married after my spouse entered on a tourist visa?+
This raises the 90-day rule concern. USCIS may presume misrepresentation if you marry or file within 90 days of entry on a nonimmigrant visa. Legal guidance is essential.
Can my spouse work while the petition is pending?+
If I-765 is filed with I-485, an EAD is typically issued within 3–6 months, allowing legal employment while the case is pending.

Attorney Jacquelyn R. Goncalves personally handles every case — Connecticut and nationwide.

Petition for Your SpouseRelated Service