Marriage-based petitions: what the process involves and what to gather first

Citizen or permanent resident petitioner

The petitioner’s status matters. The spouse of a United States citizen is an “immediate relative,” a category with no annual numerical limit, so a visa number is available once the petition is approved. The spouse of a permanent resident falls within a family preference category that is subject to annual limits, which means the spouse may need to wait for a visa number to become available according to the monthly Visa Bulletin before the final stage can proceed. The priority date, which is the date the petition is filed, fixes the spouse’s place in line, so it is worth filing promptly once the documents are ready.

If a permanent resident petitioner becomes a citizen while the petition is pending, the case can generally be converted to the immediate relative category.

The petition

The first filing is a petition for an alien relative, Form I-130, submitted by the petitioner to United States Citizenship and Immigration Services. It must show that the petitioner is a citizen or permanent resident, that the marriage is legally valid where it took place, and that any prior marriage of either spouse ended before this one began. A marriage celebrated in Türkiye or France is generally recognised if it was valid under that country’s law, but a religious ceremony alone that was never registered with civil authorities may not be enough. The petition establishes the relationship only; approval does not by itself give the spouse any right to live or work in the United States.

Adjustment of status or consular processing

Where the spouse is already in the United States after a lawful admission, and particularly where the petitioner is a citizen, the spouse may be able to file an application to adjust status in the United States, often together with the petition. That application can be accompanied by requests for work and travel authorization while it is pending. Leaving the United States during this period without travel permission can abandon the application.

Where the spouse is abroad, or is not eligible to adjust status, the approved petition moves to the National Visa Center and then to a United States embassy or consulate, such as the embassy in Ankara or the consulate in Istanbul, for an immigrant visa interview. The spouse becomes a permanent resident upon entering the United States with that visa. Before the interview the spouse also completes a medical examination with a physician designated by the embassy.

Whether a particular spouse can adjust status depends on the manner of entry and the immigration history, and this should be reviewed before anything is filed. Any past overstay, unauthorized employment or earlier immigration violation should be disclosed and discussed at the outset.

Financial support

The petitioner must sign an affidavit of support, Form I-864, a legally enforceable promise to support the spouse at a level tied to the federal poverty guidelines for the household size. If the petitioner’s income does not meet the requirement, assets or a joint sponsor may be used. Recent federal tax returns and evidence of current employment are central to this part of the case. The obligation generally continues until the sponsored spouse becomes a citizen or has worked for a substantial period, and it does not end with a divorce.

Evidence of a genuine marriage

Legal validity is not the whole question. The government examines whether the couple married to build a life together rather than to obtain an immigration benefit. Useful evidence includes a joint lease or deed, joint bank accounts and insurance, shared bills, photographs over time with family and friends, travel records, and ongoing communications. Most cases include an interview, sometimes with each spouse questioned separately. Evidence is most persuasive when it shows ordinary life over time rather than documents created shortly before filing.

Where the marriage is less than two years old when permanent residence is granted, the spouse receives conditional residence for two years. The couple must then jointly file to remove the conditions during the ninety days before the card expires, again with evidence of the continuing marriage.

What to gather first

Before filing, it helps to collect: the petitioner’s proof of citizenship or permanent residence; both spouses’ birth certificates and passports; the civil marriage certificate; divorce decrees or death certificates ending any prior marriages; the spouse’s entry records and prior visas, if any; the petitioner’s recent tax returns and employment evidence; and a first set of evidence of the shared life. For a consular case, police certificates from each country of residence will also be needed. Every document in Turkish or French needs a complete English translation with a translator’s certification. Keeping copies of everything filed, and a record of every address where each spouse has lived and worked in recent years, makes the forms easier to complete accurately.