IR1 or CR1 spouse of U.S. citizen

A. Your spouse;

1. If you are a U.S. citizen, you must file a separate Form I-130 for each eligible relative. You may file Form I-130 for:

3. What documents do you need to show that you are a U.S. citizen? A. A copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority showing that you were born in the United States; B. A copy of your naturalization certificate or certificate of citizenship issued by USCIS or the former Immigration and Naturalization Service (INS);

C. A copy of Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a U.S. Embassy or U.S. Consulate; D. A copy of your unexpired U.S. passport; or E. An original statement from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.

A. A spouse: (1) A copy of your marriage certificate; (2) If either you were or your spouse was previously married, submit copies of documents showing that each of the prior marriages was legally terminated; and

1. If you are filing for your spouse, he or she must complete and sign Form I-130A, Supplemental Information for Spouse Beneficiary. If your spouse is overseas, Form I-130A must still be completed, but your spouse does not have to sign Form I-130A. Form I-130A must be submitted with Form I-130.

NOTE: In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may prove you have a bona fide marriage: (1) Documentation showing joint ownership of property; (2) A lease showing joint tenancy of a common residence, meaning you both live at the same address together; (3) Documentation showing that you and your spouse have combined your financial resources; (4) Birth certificates of children born to you and your spouse together;

(5) Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. Each affidavit must contain the full name and address of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired his or her knowledge of your marriage; or (6) Any other relevant documentation to establish that there is an ongoing marital union.

A citizen or lawful permanent resident of the United States may file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) to establish the existence of a relationship to certain alien relatives who wish to immigrate to the United States.

When a petition is approved for the spouse, unmarried children under 21 years of age, or parents of a U.S. citizen, these persons are classified as immediate relatives, which means visas are immediately available to them.

If you have been married less than two years on the date your spouse has obtained permanent resident status, USCIS will grant your spouse conditional permanent resident status for two years under INA section 216. USCIS then requires both you and your spouse to file Form I-751, Petition to Remove Conditions on Residence, during the 90-day period immediately before your spouse’s conditional permanent resident status expires.

Conditional permanent residents have the same rights, privileges, responsibilities, and duties as all other lawful permanent residents. A conditional permanent resident is not limited in his or her right to apply for naturalization, file petitions on behalf of qualifying relatives, or reside permanently in the United States as an immigrant in accordance with U.S. immigration laws.

NOTE: If your spouse fails to timely file Form I-751 to remove the conditional basis of his or her spouse’s permanent resident status, USCIS will terminate his or her permanent resident status and begin removal proceedings.