What happens after I-130 is approved for spouse in the US?

The Next Steps After I-130 Approval for a Spouse in the US

The approval of Form I-130, Petition for Alien Relative, is a significant milestone for couples where one spouse is a U.S. citizen or lawful permanent resident petitioning for their foreign spouse. However, it’s crucial to understand that this is just one step in a multi-stage process. While the I-130 approval confirms that your relationship meets the requirements for immigration, it doesn’t automatically grant your spouse a Green Card. What happens next is equally, if not more, important.

The key next step is filing Form I-485, Application to Register Permanent Residence or Adjust Status. This form allows your spouse, already residing in the US, to adjust their status from a non-immigrant to a lawful permanent resident (LPR), commonly known as obtaining a Green Card. Crucially, the availability of an immigrant visa number is a prerequisite for approval of the I-485. This availability depends on the applicant’s country of origin and the current visa backlog.

What does “immigrant visa immediately available” mean?

This phrase refers to the availability of a visa number within the relevant category (in this case, a family-sponsored preference category for spouses of U.S. citizens). The United States Citizenship and Immigration Services (USCIS) maintains a complex system for allocating these numbers, and processing times can vary significantly depending on the applicant’s country and the current demand. If a visa number is immediately available, the I-485 application can proceed smoothly. If not, there will be a waiting period until a number becomes available. USCIS will inform the applicant of the waiting period.

Beyond I-485: What to expect:

Once the I-485 is filed, expect further processing by USCIS. This includes:

• Biometrics Appointment: You’ll receive a notice scheduling an appointment to provide fingerprints and photographs.
• Interview: An interview with a USCIS officer is usually required. Thorough preparation is vital, as the officer will thoroughly examine the evidence supporting the marriage.
• Background Checks: Extensive background checks are conducted to ensure the applicant meets all eligibility requirements.
• Decision: After reviewing the application, evidence, and interview (if applicable), USCIS will render a decision. Approval results in the issuance of a Green Card.

Important Considerations:

• Filing Fees: Each form involves significant filing fees. Be prepared for these costs.
• Supporting Documentation: Gather and meticulously organize all necessary documentation supporting your marriage and relationship, including marriage certificates, joint financial documents, photos, travel itineraries, and correspondence. Strong evidence is crucial.
• Legal Assistance: Consider seeking assistance from an experienced immigration attorney. They can navigate the complex process, ensuring all forms are accurately completed and all necessary supporting documentation is provided. This is especially important if you encounter any complications.
• Maintaining Status: While awaiting the decision on the I-485, it’s vital to maintain lawful non-immigrant status. Failure to do so could jeopardize the entire application.

The approval of the I-130 is a significant step, but it’s only the beginning. By understanding the subsequent steps and preparing thoroughly, you can increase your chances of successfully navigating the process and ultimately achieving a Green Card for your spouse. Remember to stay informed about processing times and potential changes in immigration policies.