Form I-130, Petition for Alien Relative: spouse petitions and where relationship evidence fits

Form I-130 is the USCIS petition a U.S. citizen or lawful permanent resident files to establish their relationship to a foreign relative who wants to immigrate, including a spouse. This guide covers spouse petitions: what the official instructions ask for, including Form I-130A and evidence that the marriage is bona fide, and where chat history can support it.

Last reviewed: 2026-10-14

At a glance

Form: I-130, Petition for Alien Relative
Agency: U.S. Citizenship and Immigration Services (USCIS)
Edition: 04/01/24 (checked 2026-10-14) — If you print the form to mail it, USCIS asks you to make sure the edition date and page numbers are visible at the bottom of every page and that all pages come from the same edition. If any page is missing or comes from a different edition, USCIS may reject the form.
Filing fee: USCIS publishes the current I-130 filing fee in its fee schedule (Form G-1055), and the I-130 page links there instead of printing an amount. We do not print the amount here because USCIS fees change; check the schedule on the day you file. Official fee schedule.

What the form is for

Establish that a qualifying family relationship exists between you and a foreign relative who wants to immigrate to the United States. In a spouse case, that relationship is your marriage.
It is a first step, not a green card: the instructions say an approved petition does not give your spouse permanent resident status or permission to immigrate right away, and USCIS says filing or approval does not give your relative any immigration status or benefit.
Spouse of a U.S. citizen: once the petition is approved, your spouse is an immediate relative, which the instructions say means a visa is immediately available. The State Department’s immigrant visa classes for a U.S. citizen’s spouse are IR-1 and CR-1 (conditional status).
Spouse of a lawful permanent resident: once approved, the petition is assigned to a family preference category (the State Department lists spouses of permanent residents under the family 2nd preference). A limited number of immigrant visas is available in each preference category every year, and they are processed in the order petitions were properly filed and accepted.
What happens next depends on where your spouse is. If your spouse is abroad, USCIS generally sends the approved petition to the Department of State’s National Visa Center for immigrant visa processing at a U.S. embassy or consulate. If your spouse is in the United States, they may be able to apply for a green card on Form I-485; an eligible spouse of a U.S. citizen can file it together with the I-130.

Who can file it

A U.S. citizen or a lawful permanent resident can file Form I-130 for a spouse. A non-citizen U.S. national has the same rights as a lawful permanent resident to petition for family members.
Your spouse must complete Form I-130A, Supplemental Information for Spouse Beneficiary, and it must be submitted with your I-130. If your spouse is overseas, Form I-130A must still be completed, but your spouse does not have to sign it.
You cannot file for a spouse if you were not both physically present at the marriage ceremony, unless the marriage was consummated.
If you became a permanent resident through a prior marriage to a U.S. citizen or permanent resident, you cannot file for a new spouse unless you are now a naturalized U.S. citizen, have been a permanent resident for at least five years, can show by clear and convincing evidence that you did not enter the prior marriage to evade U.S. immigration law, or the prior marriage ended with your former spouse’s death.
If you married while your spouse was the subject of exclusion, deportation, removal or rescission proceedings (or while a decision in those proceedings was on judicial review), you cannot file unless your spouse has lived outside the United States for at least two years after the marriage, or you request the bona fide marriage exemption in writing with your I-130 and prove by clear and convincing evidence that the marriage is legally valid where it took place, that you married in good faith and not to obtain permanent residence for your spouse, and that no fee or other consideration (other than appropriate attorney fees) was given to you for filing the petition.
You cannot file for anyone USCIS determines entered into, or attempted or conspired to enter into, a marriage to evade U.S. immigration laws.

How and where it is filed

Online filing: Form I-130 was on the USCIS list of forms available to file online when we checked. USCIS says you can file the I-130 online even if your spouse is in the United States and will file Form I-485 later, online or by mail; give your spouse a copy of your I-130 receipt notice for their I-485 packet.
Paper filing by mail: the lockbox depends on where you live. For an I-130 filed on its own, petitioners in the United States use the Chicago or Phoenix lockbox depending on where they live, and petitioners living outside the United States use the Chicago lockbox. If your spouse is filing Form I-485 at the same time, the I-130 addresses page sends you to a separate USCIS lockbox chart for family-based forms. Copy the address from the official page on the day you mail.
USCIS changed the I-130 filing location on 7 October 2026. During a 30-day grace period it accepts forms postmarked on or before 9 November 2026 that are sent to a prior filing location.
U.S. citizens who live outside the United States and are filing for an immediate relative, such as a spouse, may request to file at a U.S. embassy or consulate in certain limited circumstances. USCIS points to its Policy Manual (Volume 6, Part B, Chapter 3) for when this applies.
Sign the petition: USCIS rejects unsigned forms, and a stamped or typewritten name is not accepted in place of a signature.
In Part 4, select only one option: Item Number 61 (your spouse is in the United States and will apply for adjustment of status) or Item Number 62 (your spouse will apply for an immigrant visa at a U.S. embassy or consulate abroad). Do not answer both and do not leave it blank. If it is not completed fully and accurately, USCIS uses its discretion to decide where to send an approved petition, based on evidence of your spouse’s most recent location.
Optional: to get an email or text when the lockbox accepts your paper filing, complete Form G-1145 and clip it to the first page of your form.
USCIS may ask you to attend a biometrics appointment or an interview. If you do not attend a biometrics appointment, USCIS may deny your petition.

Evidence the instructions ask for

If you are a U.S. citizen: a copy of your birth certificate showing birth in the United States, your Certificate of Naturalization or Certificate of Citizenship, Form FS-240 (Consular Report of Birth Abroad), your unexpired U.S. passport, or an original statement from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.
If you are a lawful permanent resident: a copy of the front and back of your Permanent Resident Card (Form I-551). If you have not received it yet, copies of your passport biographic page and the page showing your admission as a permanent resident, or other evidence of permanent resident status issued by USCIS or the former INS.
A copy of your marriage certificate.
If either of you was married before, copies of documents showing that each prior marriage was legally terminated.
Form I-130A, completed by your spouse and filed with the I-130 (signed, unless your spouse is overseas).
Two identical color passport-style photos (2 by 2 inches) of you, and of your spouse if your spouse is in the United States, taken within 30 days of filing.
Legal name-change documents (such as a marriage certificate, adoption decree or court order) if either of you uses a name different from the one on your documents.
A full English translation of every foreign-language document, with the translator’s certification that it is complete and accurate and that they are competent to translate, plus their signature, printed name, date and contact information.
Clear and convincing evidence that you married in good faith and not for immigration purposes if you married while your spouse was in exclusion, deportation, removal or rescission proceedings, or if you are a permanent resident who got that status through a prior marriage that did not end in death and you married your current spouse within five years of becoming a permanent resident.

Where relationship evidence fits

The instructions separate the documents they list for a spouse petition (marriage certificate, proof that prior marriages ended, photos) from evidence that the marriage is bona fide, which they say you should submit in addition: one or more of documents showing joint ownership of property, a lease showing you both live at the same address, documents showing combined financial resources, birth certificates of children born to you both, affidavits sworn to or affirmed by third parties who know about your marriage, or any other relevant documentation that establishes an ongoing marital union.
Third-party affidavits must give the full name and address of the person making the affidavit, their date and place of birth, and complete details of how they know about your marriage.
The USCIS Policy Manual says the petitioner generally has to meet the preponderance of the evidence standard in spouse petitions. The instructions require the higher clear and convincing standard in two situations: a marriage that took place while the spouse was in exclusion, deportation, removal or rescission proceedings, and certain permanent residents who got their status through a prior marriage.
A license to marry is not enough. The Policy Manual says a marriage license is insufficient evidence of a marital relationship, while a valid, timely registered marriage certificate from the appropriate civil authority is prima facie evidence that the marriage is valid.
Proxy marriages, where you were not physically together at the ceremony, are valid for immigration purposes only if you consummated the marriage afterwards. The Policy Manual’s examples of evidence include the birth certificate of a child born to you both after the ceremony, passports or airline tickets showing you were in the same place at the same time after the ceremony, and evidence of living together after the ceremony, such as a joint lease or signed witness affidavits.
USCIS can interview any petitioner or beneficiary. Where the initial evidence is insufficient, or there are concerns about its reliability or credibility, it may issue a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID), or hold an interview. It may also ask for the originals of copies you submitted.

What chat history can help show

An ongoing marital union: dated conversations about daily life, shared decisions and plans to live together can be part of the “any other relevant documentation” the instructions allow. They support the named evidence, such as a joint lease or combined finances; they do not replace it.
Contact while you live apart: if you are in different countries while the petition is pending, regular messages and call logs over that period are a record of the relationship continuing.
Consummation after a proxy marriage: dated messages arranging the time you spent together after the ceremony can corroborate the passports or airline tickets the Policy Manual lists. They support those documents; they do not replace them.

Before you include chat history

Chat history is not named in the I-130 instructions. Treat it as supporting evidence and lead with the documents the instructions name.
Send paper copies. USCIS will not accept non-paper materials such as CD-ROMs, DVDs or thumb drives in the filing package, although it accepts photographs or copies of such items.
Leave out intimate content. USCIS says not to include graphic photos of childbirth or intimate relations as evidence of a relationship or marriage.
Messages in another language need a full English translation with the translator’s certification.
Keep messages unaltered. The instructions warn that if you knowingly and willfully falsify or conceal a material fact, or submit a false document, USCIS will deny the I-130, may deny any other immigration benefit, and you may be subject to criminal prosecution.

Common mistakes

Mixing editions or leaving out pages. USCIS may reject the form if any page is missing or comes from a different edition.
Leaving required fields blank. USCIS rejects the form if Part 1 (relationship), your full name, date of birth, mailing address and marital information in Part 2, or your spouse’s full name, date of birth, physical address and marital information in Part 4 are missing.
Forgetting to sign. USCIS rejects unsigned forms.
Leaving out Form I-130A in a spouse petition.
Answering both Part 4 items on adjustment of status and consular processing (Item Numbers 61 and 62), or neither.
Mailing to the wrong lockbox. USCIS says forms not mailed to the appropriate filing location may experience processing delays, and it changed the I-130 filing location on 7 October 2026. Check the addresses page on the day you mail.
Sending a marriage license instead of the marriage certificate.
Photos taken more than 30 days before filing, or photos that do not meet the size and background specifications in the instructions.
Sending chat exports, photos or videos on a USB stick, CD or DVD instead of on paper.
Including intimate or graphic images as relationship evidence.
Foreign-language messages or documents without a complete, certified English translation.
Sending original documents that were not requested. USCIS may destroy originals it did not ask for.
Missing the biometrics appointment. USCIS may deny the petition if you do not attend.

Frequently asked questions

Can a green card holder file Form I-130 for a spouse?

Yes. A lawful permanent resident can file Form I-130 for a spouse. The difference is what happens after approval: the spouse of a U.S. citizen is an immediate relative with a visa immediately available, while the spouse of a permanent resident is placed in a family preference category with a limited number of visas each year. The instructions point to the State Department for its monthly report on when immigrant visas are available.

Is Form I-130 the same as a CR-1 or IR-1 visa?

No. Form I-130 is the USCIS petition that establishes your relationship. Approval does not by itself give your spouse permanent residence. If your spouse is abroad, USCIS generally sends the approved petition to the National Visa Center and your spouse applies for an immigrant visa; IR-1 and CR-1 are the State Department’s immigrant visa classes for the spouse of a U.S. citizen, CR-1 being for conditional status. This is different from the K-1 visa, a nonimmigrant visa for a fiancé(e) that starts with Form I-129F.

Do WhatsApp or other chat messages count as evidence for Form I-130?

Chat messages are not named in the I-130 instructions. The instructions say you should submit one or more types of evidence that your marriage is bona fide, such as joint property, a joint lease, combined finances, children’s birth certificates or third-party affidavits, and they also allow any other relevant documentation that establishes an ongoing marital union. Messages can fit there as supporting evidence. Submit them as printed pages (not on a USB stick or disc), leave out intimate content, and translate anything that is not in English.

What is Form I-130A, and does my spouse have to sign it?

Form I-130A, Supplemental Information for Spouse Beneficiary, is completed by your spouse and must be submitted with your I-130. Your spouse must sign it, unless your spouse is overseas: in that case the form must still be completed, but your spouse does not have to sign it.

Can I file Form I-130 online?

Yes. When we checked on 14 October 2026, Form I-130 was on the USCIS list of forms available to file online, and USCIS says you can file it online even if your spouse is in the United States and will file Form I-485 later, online or by mail. You can also file on paper at the lockbox shown on the USCIS I-130 addresses page.

How much is the I-130 filing fee?

USCIS publishes the current fee in its fee schedule (Form G-1055). We do not print the amount because USCIS fees change; check the schedule before you file.

What changes if we have been married less than two years?

If you have been married less than two years on the date your spouse becomes a permanent resident, USCIS grants conditional permanent resident status for two years. You and your spouse then file Form I-751, Petition to Remove Conditions on Residence, during the 90-day period immediately before the conditional status expires. If it is not filed in time, USCIS terminates the status and begins removal proceedings.

Can my spouse apply for a green card at the same time?

If you are a U.S. citizen and your spouse is in the United States, USCIS says your spouse, as an immediate relative, may file Form I-485 together with your I-130, while the I-130 is pending, or after it is approved (and remains valid). Your spouse must also meet the adjustment requirements USCIS lists, such as, generally, having been inspected and admitted or inspected and paroled into the United States. If you are a permanent resident, your spouse is in a preference category rather than an immediate relative: USCIS says certain relatives must wait until an immigrant visa number is available before they can file Form I-485, and the instructions point to the State Department’s monthly report on when immigrant visas are available.

Do my spouse’s children need their own Form I-130?

It depends on your status. A U.S. citizen must file a separate Form I-130 for each eligible relative, so each child who qualifies as your child or stepchild needs their own petition (a stepchild does not qualify if your marriage took place after the child turned 18). USCIS asks you to include a photocopy of the receipt notice for your spouse’s I-130 with each child’s petition. A permanent resident filing for a spouse does not need separate petitions for the spouse’s unmarried children under 21: they are derivative beneficiaries, and the instructions say to list them in Part 4.

Related guides and templates

Official sources

USCIS — I-130, Petition for Alien Relative (checked 2026-10-14)
USCIS — Form I-130, Petition for Alien Relative (PDF, edition 04/01/24) (checked 2026-10-14)
USCIS — Instructions for Petition for Alien Relative, and Supplemental Information for Spouse Beneficiary, Form I-130/I-130A (edition 04/01/24) (checked 2026-10-14)
USCIS — Form I-130A, Supplemental Information for Spouse Beneficiary (PDF, edition 04/01/24) (checked 2026-10-14)
USCIS — Direct Filing Addresses for Form I-130, Petition for Alien Relative (checked 2026-10-14)
USCIS — Forms Available to File Online (checked 2026-10-14)
USCIS — G-1055, Fee Schedule (checked 2026-10-14)
USCIS Policy Manual — Volume 6, Part B, Chapter 6, Spouses (checked 2026-10-14)
USCIS — Green Card for Immediate Relatives of U.S. Citizen (checked 2026-10-14)
USCIS — Consular Processing (checked 2026-10-14)
USCIS — I-129F, Petition for Alien Fiancé(e) (checked 2026-10-14)
U.S. Department of State — Immigrant Visa Symbols (checked 2026-10-14)

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