• Form I-130, Petition for Alien Relative, with all required documentation
• A copy of your birth certificate showing your name, or your U.S. passport
• If you are a citizen and were not born in the United States, a copy of either
  • your Certificate of Naturalization or Citizenship or
  • your U.S. passport
• If you are a lawful permanent resident (LPR), a copy of your alien registration receipt card
• Two completed and signed G-325A’s (one for you and one for your spouse)
• A copy of your civil marriage certificate
• A copy of any divorce decrees, death certificates, or annulment decrees that would show that any previous marriage entered into by you or your spouse was ended legally
• A color photo of you and one of your spouse (see Form I-130 instructions for photo requirements for details)

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Following-to-Join Benefits for Spouses
Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as an immediate relative (parent, spouse, or unmarried child under 21 years of age) of a U.S. citizen.
If you were married before you became a lawful permanent resident, and your spouse did not physically accompany you to the U.S., your spouse may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. Consulate that you are a lawful permanent resident so that your spouse can apply for an immigrant visa. Your spouse may be eligible for following-to-join benefits if your relationship still exists and if one of the following is applicable:

• You received a diversity immigrant visa
• You received an employment-based immigrant visa
• You received an immigrant visa based on your relationship to your U.S. citizen sibling
• You received an immigrant visa based on your relationship to your U.S. citizen parent when you were already married

(For information on following-to-join benefits for children of lawful permanent residents, please see Petitioning Procedures: Bringing a Child to Live in the United States.)

If you fall into one of these categories, please submit the following information to the U. S. Citizenship and Immigration Services:

• Form I-824, Application for Action on an Approved Application or Petition
• A copy of the original application or petition that was used to apply for your immigrant status
• A copy of the I-797, Notice of Action, for your original application or petition
• A copy of your alien registration receipt card or I-551

If the I-824 is approved, the USCIS will notify a U.S. consulate that you are a lawful permanent resident so that your spouse can apply for a following-to-join immigrant visa. Your spouse must then contact the local U.S. consulate to complete the processing.

You should file the I-824 at the USCIS office that took the most recent action on your case.

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What If I Am the Beneficiary of the Petition?
If your U.S. citizen parent is petitioning for permanent resident status for you on Form I-130, Petition for Alien Relative, and you are a married son or daughter of any age, your spouse and children do not require a separate visa petition. Your spouse and children will be included in the visa petition your parent is filing for you.

If your U.S. citizen brother or sister is petitioning for permanent resident status for you on Form I-130, Petition for Alien Relative, and you are married, your spouse and children do not require a separate visa petition. Your spouse and children will be included in the visa petition your sibling is filing for you.

Usually, if a spouse is petitioning for you and you are currently in the United States through a lawful admission or parole, you may file a Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time your spouse files the I-130 petition on your behalf.

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Information for Your Alien Relative
If you are a U.S. citizen and your spouse is currently in the United States, your spouse may be eligible to file Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time as you file Form I-130, Petition for Alien Relative. For information on how to file this application, your spouse should refer to How Do I Become a Lawful Permanent Resident While In the United States?

If you are a lawful permanent resident, and your petition for your spouse is approved, your spouse will be notified by the Department of State when a visa number is available. If your spouse is outside of the U.S. at the time of notification, he or she must go to the local U.S. consulate to complete visa processing with the Department of State issued visa number. If in the U.S., your spouse may file the Form I-485 using the Department of State issued visa number. For information on how to file this application, your spouse should refer to How Do I Become a Lawful Permanent Resident While In the United States?

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For more information on visas, your spouse may refer to How Do I Get an Immigrant Visa Number?

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Where to Get the Forms and Fee Information

Forms and fee information can be found on our Forms and Fees page. You may also go directly to a form by clicking on the form number where it is underlined in the chart on this page. When you click on a form number, you will be taken to the I-130 form entry page with more specific information about that form, and you will also find a link to the printable form. For information on where to file, see the I-130 form entry page. You may also obtain forms from the USCIS Forms Center by calling 1-800-870-3676.

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How Can I Appeal?
If the visa petition you filed for your spouse is denied, the denial letter will tell you how to appeal and when you must file the appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals. For more information, please see How Do I Appeal the Denial of My Petition or Application?

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