Move to America

IR1 · CR1 · F2A · I-130 · I-485 · I-864

Move to America Through Marriage

A guide to the main ways a married couple can apply for the foreign spouse to become a permanent resident, and how the process differs depending on your spouse's status and where you live.

Verified against official sources on 2026-10-25 Last verified: 2026-10-25

Core facts, form edition dates and recent notices were checked against the official pages listed below on October 25, 2026. Sections marked 'Our guidance' are our own advice, not official text.

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Step 1 of 9

Overview

A U.S. citizen or green card holder can ask the government to recognise their marriage so their foreign spouse can become a permanent resident. The first step is Form I-130. After that, the route depends on two things: your spouse's status, and whether you are inside or outside the United States. Spouses of U.S. citizens are 'immediate relatives', and USCIS says a visa is always available for them. Spouses of green card holders are in a preference category (F2A), where a visa may not be available right away.

Who qualifies

  • The petitioner is a U.S. citizen or lawful permanent resident.
  • You are legally married, and the marriage is genuine.
  • Any earlier marriage of either spouse has been legally ended.
  • The petitioner can meet the financial support requirements (Form I-864).
  • The beneficiary is admissible, or eligible for a waiver. Criminal history, past immigration violations and public charge concerns can matter.
Next: Your route

Step 2 of 9

Your route

Which route may apply to you?

Not every couple follows the same process. Answer these in order.

1. Is your spouse a U.S. citizen or a green card holder?

  • U.S. citizen: You are an immediate relative. USCIS says: "A visa is always available for immediate relatives." There is no Visa Bulletin wait.
  • Green card holder: You are in the F2A preference category (spouses and unmarried children under 21 of green card holders). Your place in line is the date your I-130 was properly filed, so a Visa Bulletin wait may apply.
  • Neither, or not sure: The petitioner must be a U.S. citizen or green card holder. Ask your spouse to confirm their status first.

2. Are you already legally married?

  • Yes: Continue. You will need your marriage certificate and proof that any earlier marriages ended.
  • No, engaged: This guide covers existing marriages. Check the official sources for options for engaged couples.

3. Are you inside or outside the United States?

  • Outside the U.S.: Usually consular processing: I-130, then the National Visa Center (NVC), the DS-260, a medical exam, and an interview at a U.S. embassy or consulate.
  • Inside the U.S.: You may be able to adjust status with Form I-485 without leaving. USCIS requires, among other things, that you were inspected and admitted or paroled, are physically present when you file, and that the relationship still exists. For immediate relatives, the I-485 can be filed together with the I-130, while it is pending, or after approval.
Back Next: Forms

Step 3 of 9

Forms

Required forms

Each form is explained below: who files it, when, and what you will need. USCIS edition dates were checked on October 25, 2026. Always use the current edition from the official page.

I-130

Petition for Alien Relative

Filed by the petitioner to establish the marriage.

Fee: $675 paper · $625 online (USCIS)

Current edition: 04/01/24 (checked Oct 25, 2026)

What it does
Asks the government to recognise the family relationship. USCIS says an approved petition only creates a place in line for visa processing in preference categories; it gives no other benefit by itself.
Who files it
The U.S. citizen or green card holder (the petitioner). USCIS also lists U.S. nationals who are not citizens.
When
First step, before the relative applies for a visa or green card.

You will usually need

  • Proof of the petitioner's status (passport, naturalization certificate or green card)
  • Proof of the relationship (marriage or birth certificate)
  • Proof that earlier marriages ended, if any
  • Proof of any legal name change

Tip: USCIS lets you file online with an account, or by mail. The mailing address changed on October 7, 2026, so check the page first.

Step-by-step walkthrough Official page for I-130 (opens in a new tab)

I-864

Affidavit of Support

The sponsor's financial support commitment.

Fee: $0 to USCIS · $120 review fee to the State Department at the NVC

Current edition: 08/24/26 (checked Oct 25, 2026)

What it does
A legally binding contract with the U.S. government to financially support the immigrant.
Who files it
The sponsor, usually the petitioner. USCIS says most family-based immigrants use this form.
When
At the NVC stage for consular cases, or with the I-485 for adjustment cases.

You will usually need

  • Recent tax information
  • Proof of current income
  • Proof of U.S. address
  • A joint sponsor's details if the sponsor's income is not enough

Tip: USCIS offers an optional Sponsor Eligibility Tool. Income thresholds change each year, so use the official page.

Step-by-step walkthrough Official page for I-864 (opens in a new tab)

DS-260

Online Immigrant Visa Application

Completed by the beneficiary on CEAC when applying from abroad.

Fee: $325 processing fee, family-based (State Department)

What it does
The online immigrant visa application, filled in on the State Department's CEAC site.
Who files it
The person applying for the immigrant visa (the beneficiary).
When
After you reach the National Visa Center stage. It is one of the six NVC steps.

You will usually need

  • NVC case number
  • Valid passport
  • Addresses, work and education history
  • Details of your spouse and children

Tip: Print the DS-260 confirmation page. You must bring it to the interview.

Official page for DS-260 (opens in a new tab)

I-485

Application to Register Permanent Residence or Adjust Status

Used when adjusting status inside the U.S. is available.

Fee: $1,440 paper · $1,390 online, applicants 14 and older (USCIS)

Current edition: 09/18/26 (checked Oct 25, 2026)

What it does
Applies to become a permanent resident without leaving the U.S.
Who files it
The person applying inside the U.S. (the applicant).
When
Only if adjusting status in the U.S. is open to you. USCIS says you generally may not file until a visa is immediately available in your category. Immediate relatives always have one.

You will usually need

  • Proof of inspection and admission or parole
  • Birth and marriage certificates
  • Form I-864 and financial evidence
  • Medical exam record when the instructions ask for it

Tip: The edition changed on September 18, 2026 and a new public charge rule applies to filings from that date. Use the current edition.

Step-by-step walkthrough Official page for I-485 (opens in a new tab)

I-751

Petition to Remove Conditions on Residence

Used later if your residence was granted as conditional.

Fee: $750 paper · $700 online (USCIS)

Current edition: 04/01/24 (checked Oct 25, 2026)

What it does
Asks USCIS to remove the conditions on permanent residence.
Who files it
The conditional permanent resident who got status through marriage.
When
For a joint petition, during the 90-day period immediately before conditional residence expires. USCIS warns an early filing may be rejected.

You will usually need

  • Your conditional green card
  • Evidence the marriage is genuine
  • Joint petitioner's details, or the details for a waiver if you file without your spouse

Tip: Mark your calendar for the 90-day window as soon as you receive the conditional card.

Step-by-step walkthrough Official page for I-751 (opens in a new tab)

Evidence of a genuine marriage

Our guidance, not official text

  • Marriage certificate and certified translations where needed
  • Proof that earlier marriages ended (divorce decree or death certificate)
  • Proof of shared life: joint accounts, shared lease or mortgage, shared bills
  • Photos together over time, travel records and communication history
  • Letters from people who know the couple

Financial sponsorship (Form I-864)

USCIS describes Form I-864 as "a legally binding contract with the U.S. government to financially support the sponsored alien." Most family-based immigrants use it. The income threshold is set by the government and changes, so we link to the official source instead of listing numbers. USCIS offers an optional Sponsor Eligibility Tool to check whether a sponsor meets the requirements.

Back Next: Process

Step 4 of 9

Process

Step-by-step stages

This order is for consular processing (outside the U.S.). Inside the U.S., Form I-485 replaces the NVC, DS-260 and interview abroad.

  1. Petitioner files Form I-130 with USCISOnline or by mail, with proof of the petitioner's status and proof of the marriage. See our Form I-130 walkthrough.
  2. USCIS decides the petitionUSCIS may ask for more evidence. For green card holders' spouses, the I-130 filing date is your place in line.
  3. The case moves to the National Visa Center (NVC)The NVC lists six steps: choose an agent, pay fees online, complete the DS-260, have the petitioner file the I-864 and financial documents, gather civil documents, then submit everything.
  4. Medical examDone by a panel physician approved by the embassy or consulate. Exams by other doctors are not accepted.
  5. Embassy or consulate interviewA consular officer decides whether you qualify for the immigrant visa. Bring the documents listed under 'What to bring' in the Interview step.
  6. Visa issuance and entryIf approved, you receive the immigrant visa and travel to the U.S., where you are inspected at the port of entry.

Conditional versus regular permanent residence

Residence based on a marriage that is less than two years old at the time it is granted is conditional for two years. The couple then files Form I-751 to remove the conditions. For a joint petition, USCIS says to file during the 90-day period immediately before conditional residence expires, and that filing earlier may be rejected. If the marriage is older than two years at that time, residence is regular and no I-751 is needed.

Back Next: Costs and timing

Step 5 of 9

Costs and timing

Fees and official sources

Government fees as published by the agencies, checked on Oct 25, 2026. Fees change, so confirm on the official page before you pay. These are not Move to America's prices.

Paid to USCIS

FormWhat it is forFeeTiming
I-130 Petition for Alien Relative $675 paper · $625 online 15–18 monthsmonthly averages, 2026 (14.8–18.4)
I-485 Adjust status (applicant 14 or older)Under 14 and filing with a parent's I-485: $950 paper · $900 online. $1,440 paper · $1,390 online 9–12 monthsmonthly averages, 2026 (9.2–12.4)
I-751 Remove conditions on residenceConditional residents who file a waiver based on battery or extreme cruelty: $0. $750 paper · $700 online 22–26 monthsmonthly averages, 2026 (21.9–26.3)
I-864 Affidavit of SupportNo USCIS filing fee. The State Department charges a review fee at the NVC (below). $0 No separate average published
I-693 Medical exam reportNo USCIS filing fee for the form. The doctor's exam fee is separate. $0 No average published

Source: USCIS Fee Schedule, Form G-1055, edition 10/16/26

Paid to the U.S. Department of State

FormWhat it is forFeeTiming
DS-260 Immigrant visa application processing fee (family-based)For immediate relative and family preference cases. $325 Not currently verified
I-864 Affidavit of Support review feeThe State Department says this applies when the review is done domestically. $120 No separate average published
I-130 Petition filed through the State DepartmentListed as collected for USCIS when the petition is filed at a consulate. $675 Same USCIS petition time (left)

Source: Travel.State.Gov, Fees for Visa Services

  • The Timing column shows USCIS's latest published average (see Processing times). It looks backwards and is not a prediction for your case.
  • USCIS says a request without the correct fee will be rejected, and cash can never be used for a filing or biometric fee.
  • USCIS says some fees required under Public Law 119-21 cannot be waived. The I-130, I-485, I-751 and I-864 lines above show no such extra fee in the schedule, but check the fee calculator for your own case.
  • Some applicants can ask USCIS for a fee waiver using Form I-912, but not for fees required under Public Law 119-21.
  • Medical exams, translations, passport photos and document copies cost extra. The exam is paid to the approved doctor, so ask the clinic for its price.
  • Move to America's own charges ($2 per eligibility assessment, and optional community membership) are separate from every fee above.

Processing times

Processing times differ by form, category, USCIS office, consulate and case. We show only dated, sourced information and never promise a completion date.

  • 15–18 monthsForm I-130: lowest to highest monthly average in 2026 (14.8–18.4)
  • 9–12 monthsForm I-485, family-based: lowest to highest monthly average in 2026 (9.2–12.4)
  • 22–26 monthsForm I-751: lowest to highest monthly average in 2026 (21.9–26.3)

Based on 5 months of USCIS data we checked. It looks backwards, covers all I-130 categories, and is not a prediction for your case. Checked Oct 25, 2026.

See all stages and USCIS averages

Country and consulate differences

The State Department says that since November 1, 2025 the NVC schedules immigrant visa applicants in their country of residence or, if requested, their country of nationality. Wait times, local document rules and appointment systems differ between posts, so check your assigned embassy or consulate's own website. Some countries have had pauses or special rules; see 'What changed recently'.

Back Next: Interview

Step 6 of 9

Interview

What to bring to the interview

From the State Department's interview page, checked October 25, 2026.

  • Your NVC interview appointment letter
  • An unexpired passport for each applicant, valid six months beyond your intended entry date
  • Two identical color photos per applicant that meet the photo requirements
  • Your DS-260 confirmation page
  • Original or certified copies of all civil documents you uploaded to CEAC
  • English translations, if documents needing them were not sent to NVC
  • Any visa fees the NVC did not collect

Interview preparation and sample questions

Our guidance, not official text

Examples of the kinds of questions that may come up. Officers decide what to ask, and this is not a script.

  • How and when did you meet?
  • When did you decide to marry? Who attended the wedding?
  • Where do you live and who lives with you?
  • What does your spouse do for work?
  • What are your plans after moving to the U.S.?
  • Have you ever been refused a visa, or had any immigration problems?
Back Next: Avoid mistakes

Step 7 of 9

Avoid mistakes

Common mistakes and red flags

Our guidance, not official text

  • Filing the wrong form or an outdated form edition
  • Missing translations or uncertified copies of foreign-language documents
  • Inconsistent dates or names across forms and documents
  • Leaving out earlier marriages, names, or addresses
  • Little evidence that the couple actually share a life
  • Not being able to explain gaps in the relationship timeline
  • Hiding past immigration problems, which is generally worse than disclosing them
  • Not bringing every original document you uploaded to the interview

Frequently asked questions

Can this guide guarantee my application will be approved?

No. Only the government decides, and each case is judged on its own facts.

Is Move to America part of USCIS or the government?

No. We are an independent information and preparation service.

Do I need a lawyer?

Many straightforward cases are filed without one, but if your case has complications, legal advice is a good idea. We do not provide legal advice.

Does a spouse of a U.S. citizen have to wait in line?

USCIS says a visa is always available for immediate relatives, so there is no Visa Bulletin wait. Processing still takes time.

Which edition of each form should I use?

The one currently shown on the official form page. As of October 25, 2026, USCIS lists I-130 at 04/01/24, I-864 at 08/24/26 and I-485 at 09/18/26.

Back Next: What changed

Step 8 of 9

What changed

Official notices that can affect a family-based case. Checked on October 25, 2026. Rules change often, so open the source before you act.

  • Jan 1, 2026 · White House / State Department

    Entry restrictions for nationals of listed countries

    A presidential proclamation effective January 1, 2026 suspends entry and visa issuance for nationals of 19 countries in full, and limits visas for nationals of 20 more. Use the lookup in the 'Entry restrictions by nationality' box below to check your nationality. The proclamation lists a small number of exceptions, and its text does not list one for immediate-relative or adoption immigrant visas.

    Read the official notice (opens in a new tab)

  • Oct 7, 2026 · USCIS

    Form I-130 mailing location changed

    USCIS says the mailing location for Form I-130 changed on October 7, 2026. Forms sent to a prior location are accepted if postmarked on or before November 9, 2026. Check the I-130 page for the correct address before mailing, or file online.

    Read the official notice (opens in a new tab)

  • Sep 18, 2026 · USCIS

    New public charge rule for adjustment of status

    A DHS final rule took effect on September 18, 2026. It applies to Form I-485 applications postmarked or submitted online on or after that date. Officers weigh age, health, family status, assets and financial status, and education and skills. If someone is found inadmissible only on public charge grounds, USCIS may invite them to post a public charge bond. USCIS lists a new I-485 edition dated 09/18/26.

    Read the official notice (opens in a new tab)

  • Aug 28, 2026 · U.S. Department of State

    Immigrant visa issuance pause for 75 countries ended by court order

    The State Department says that as of August 21, 2026, a court order ended its January 2026 pause on immigrant visa issuance to nationals of 75 listed countries. During the pause, applicants could still apply and attend interviews. State says it is still reviewing its screening and vetting policies, so check the page for the latest and for the country list.

    Read the official notice (opens in a new tab)

  • Aug 5, 2026 · U.S. Department of State

    Public charge bonds for some immigrant visa applicants

    The State Department says consular officers can now require certain immigrant visa applicants to apply for a public charge bond with USCIS. Read the notice for who may be asked and how it works.

    Read the official notice (opens in a new tab)

  • Nov 1, 2025 · U.S. Department of State

    Interviews are scheduled where you live

    Since November 1, 2025, the National Visa Center schedules immigrant visa applicants in their country of residence or, if requested, their country of nationality. Moving a case to another post is reviewed case by case and is done through the NVC, not the consulate.

    Read the official notice (opens in a new tab)

Entry restrictions by nationality

Check whether the January 2026 proclamation affects your nationality.

Full restriction

  • Afghanistan
  • Burma
  • Burkina Faso
  • Chad
  • Republic of the Congo
  • Equatorial Guinea
  • Eritrea
  • Haiti
  • Iran
  • Laos
  • Libya
  • Mali
  • Niger
  • Sierra Leone
  • Somalia
  • South Sudan
  • Sudan
  • Syria
  • Yemen

Travel documents issued or endorsed by the Palestinian Authority are also covered by the full restriction.

Partial restriction (immigrant visas, and B, F, M and J visas)

  • Angola
  • Antigua and Barbuda
  • Benin
  • Burundi
  • Cuba
  • Côte d'Ivoire
  • Dominica
  • Gabon
  • The Gambia
  • Malawi
  • Mauritania
  • Nigeria
  • Senegal
  • Tanzania
  • Togo
  • Tonga
  • Venezuela
  • Zambia
  • Zimbabwe

Immigrant visas only

  • Turkmenistan

Exceptions in the proclamation text

  • Lawful permanent residents of the United States.
  • Dual nationals travelling on a passport from a country that is not on the lists.
  • Holders of certain diplomatic and international organization nonimmigrant visas (A-1, A-2, C-2, C-3, G-1 to G-4, NATO-1 to NATO-6).
  • Certain athletes and teams, with support staff and immediate relatives, travelling for major sporting events as determined by the Secretary of State.
  • Special Immigrant Visas for U.S. government employees, and immigrant visas for ethnic and religious minorities facing persecution in Iran.
  • People who already held a valid visa on January 1, 2026. The proclamation says those visas are not revoked.
  • People already granted asylum in the U.S., and refugees already admitted.
  • Case-by-case national-interest exceptions can be granted by the Secretary of State or the Secretary of Homeland Security.
  • The proclamation text we read lists no exception for immediate-relative or adoption immigrant visas.
  • For Burundi, Cuba, Togo and Venezuela the text says entry stays limited as set out in an earlier proclamation (10949) and in this one, so check the State Department page for the exact visa categories.
  • We read the proclamation as published. It may have been amended since. Check the State Department page before you plan or pay for anything.

Presidential Proclamation 10998, effective 12:01 a.m. EST on January 1, 2026. Source: White House, text of the proclamation · State Department notice. Checked Oct 25, 2026.

Back Next: Get ready

Step 9 of 9

Get ready

Readiness checklist

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Move to America is an independent information and preparation service. We are not a government agency, not affiliated with USCIS or the U.S. government, and not a law firm. Nothing here is legal advice, and we cannot guarantee any visa or immigration outcome.