In immigration law, the husband or wife of a U.S. citizen is an "immediate relative." Visas for immediate relatives have no yearly limit, so one is always available.[1][2]
A spouse abroad applies for an immigrant visa at a U.S. consulate (consular processing); a spouse in the United States can apply without leaving (adjustment of status).[3][4]
The two routes are compared in adjustment of status vs consular processing, and the waiting line that immediate relatives skip is explained under priority date.
Relatives in the numerically limited family categories follow the family preference path instead.
Step 1: The U.S. citizen files Form I-130
The U.S. citizen (the "petitioner") files Form I-130, Petition for Alien Relative, to establish the relationship with the spouse (the "beneficiary").[5]
Filing or approval of the I-130 does not by itself give the relative any status.[6]
- A petition for a spouse also needs Form I-130A.[7]
- The checklist includes proof of citizenship, the marriage certificate, and proof that earlier marriages ended.[8][9]
- It also asks for evidence the marriage is genuine (its "bona fides"), such as joint property, a shared lease, combined finances, or the couple's children's birth certificates.[10][11]
- Part 4 of the form records which route the spouse will use; only one answer may be selected.[12]
- After approval, USCIS generally sends the petition to the National Visa Center if the relative's address on it is abroad, and keeps it if the address is in the U.S. and the relative appears eligible to adjust.[13][14]
What the I-130 receipt notice shows is explained separately. Current published times for this step, also on the I-130 processing times page:
Step 2: The affidavit of support (Form I-864)
Form I-864 is how most family-based immigrants show they have enough financial support and are not likely to rely on the government.[15]
USCIS describes it as a legally binding contract. If the sponsored immigrant receives means-tested public benefits, the agency that paid them can ask the sponsor to pay the cost back.[16][17]
- The sponsor gives the completed form and documents to the immigrant to file with their application; if the National Visa Center mailed the form, its instructions apply.[18]
Step 3: Apply for the green card
Inside the United States: adjustment of status (Form I-485)
Form I-485 is the green card application filed from inside the country. Because immediate relatives have no numeric limit, it can always be filed together with the I-130 ("concurrent filing"), or later while the I-130 is pending or after approval.[19][20][21]
- The list of what to submit includes a copy of the I-130 receipt or approval notice (unless both are filed together), photos, photo ID, a birth certificate, and the marriage certificate.[22][23][24]
- It also includes the affidavit of support.[25]
- A required medical exam report (Form I-693) has to come with the I-485, or USCIS may reject it.[26]
How USCIS measures these times is explained in how USCIS processing times work; the figures are also on the I-485 processing times page.
Outside the United States: the National Visa Center and the consulate
The approved petition goes to the State Department's National Visa Center (NVC) when the spouse lives abroad, or lives in the U.S. but wants to apply abroad.[27]
NVC creates the visa case and sends a Welcome Letter with a Case Number and Invoice ID, used to log in to the Consular Electronic Application Center (CEAC).[28][29]
- NVC reviews a case only after all fees are paid and the required documents are in, such as the affidavit of support, financial documents, the applicant's DS-260 and civil documents.[30]
- By law, a petition is terminated if the applicant fails to apply within one year of notice that a visa is available; it can be reinstated within two years if the failure was beyond their control.[31][32]
More on this stage is in the National Visa Center; the weekly figures are on the NVC timeframes page.
Step 4: Work and travel documents while the I-485 is pending
This applies only to the adjustment route. With an I-485 pending, the applicant may apply for permission to work on Form I-765.[33]
Under the category USCIS labels (c)(9), the I-765 is filed with the I-485, or separately with a copy of the I-485 receipt notice or other proof it is pending.[34]
Current published times for these work permits; both documents are covered in work permit and advance parole:
An advance parole document is requested on Form I-131. It allows the holder to appear at a port of entry and ask to be paroled back into the United States after temporary travel abroad.[35][36]
USCIS says that, generally, leaving the U.S. with an I-485 pending and no advance parole document means it will treat the I-485 as abandoned.[37]
USCIS also posts an alert that a 2026 Board of Immigration Appeals decision "has an immediate impact" for some advance parole holders who are considering leaving the United States; the alert is quoted on work permit and advance parole.[38]
Step 5: Biometrics appointment (adjustment route)
After the I-485 is filed, USCIS mails a notice for an appointment at a local Application Support Center (ASC) to take fingerprints, a photo and/or a signature.[39]
These confirm identity and support background and security checks. USCIS may deny the I-485 if the applicant does not sign the acknowledgment or misses the appointment without properly asking to reschedule.[40][41]
What to bring and what happens there is covered under biometrics.
Step 6: The interview
USCIS interview (adjustment route)
All adjustment applicants are interviewed unless USCIS waives it. In family cases, USCIS generally requires the I-130 petitioner to attend with the applicant.[42][43]
- Questions are answered under oath or affirmation, and the originals of everything submitted with the I-485 are brought along.[44][45]
- USCIS may send a request for evidence (RFE) when evidence is missing or no longer valid, or the officer needs more information; not responding in time can lead to denial.[46][47]
More on both is in the interview and request for evidence.
Consular interview (abroad)
The consular office schedules the interview and decides whether the applicant is eligible for an immigrant visa.[48]
Step 7: The decision and the green card
After adjustment of status
On approval, an approval notice generally comes first and the green card a little later. A denial generally cannot be appealed, though a motion to reopen or reconsider may still be possible.[49][50]
After consular processing
- The consular officer gives the new immigrant a packet of information, which USCIS says is not to be opened.[51][52]
- At the port of entry, a Customs and Border Protection (CBP) officer decides whether to admit the person as a permanent resident.[53]
- Once the USCIS Immigrant Fee is paid, the green card is mailed after arrival.[54]
Step 8: Conditional residence and Form I-751
Permanent residence through marriage can be granted on a conditional basis. When it is, Form I-751 is the petition to remove the conditions.[55]
- A joint petition with the spouse is filed in the 90 days just before the conditional residence expires; one filed earlier may be rejected.[56][57]
- If a good-faith marriage ended in divorce or the spouse died, among other listed reasons, the petition can be filed individually with a waiver request any time before the status expires.[58][59][60]
Current published times for this step, also on the I-751 processing times page: