A few years ago, my cousin married someone she met while traveling abroad. They fell hard and fast—FaceTiming across time zones, navigating two languages, planning their wedding through screen-shares. But once the wedding was over, a new challenge began: bringing her husband to the U.S. legally. What looked simple on paper turned out to be a long, winding process filled with paperwork, waiting, and a lot of late-night questions about what comes next.
If you’re in a similar situation—married to someone who lives outside the U.S.—you’re probably hearing a lot of mixed advice. Some people say it’s easy. Others say it’s impossible. The truth? It depends. But having a general understanding of spousal petitions, and what to expect, can take a lot of the guesswork out of it.
At Tourzani & Long, LLC, we’ve helped couples from all kinds of backgrounds work through this process, and while no two stories are the same, there are a few core steps that almost everyone goes through.
Who Can File a Spousal Petition?
To start, you need to be either a U.S. citizen or a lawful permanent resident (green card holder). Citizens have a bit of an advantage—things usually move faster for them.
If you’re a U.S. citizen, you can file a Form I-130, Petition for Alien Relative, on behalf of your spouse. If you’re a green card holder, you can still file, but wait times for visa availability tend to be longer because of category limits under the law.
Something a lot of people don’t realize: this process isn’t just about showing your marriage certificate. You have to prove that your marriage is real and ongoing—not just on paper.
Proving the Marriage Is Real
This part gets personal. USCIS doesn’t just want to see that you’re married—they want to know that you’re really together. This means you’ll need to submit evidence of a bona fide relationship. That might include:
- Joint leases or bills
- Photos together
- Travel documents showing trips you’ve taken
- Affidavits from friends or family who know your relationship
- Messages or call logs
Example, my cousin sent in screenshots of WhatsApp messages, old boarding passes, even the receipt from their first date. It felt silly at first, but it mattered. They weren’t just checking boxes—they were showing a life lived together.
What Happens After Filing the I-130?
Once you send in the I-130 and supporting documents, you wait. There’s no shortcut around that. Processing times vary depending on where you’re located and your status (citizen or green card holder). You’ll get a receipt notice from USCIS, and eventually a decision.
If your spouse is abroad, and the petition is approved, the next step usually goes through the National Visa Center (NVC), and eventually to a U.S. consulate in their home country for an immigrant visa interview.
If your spouse is already in the U.S. and entered legally, they may be able to adjust their status here by filing Form I-485 after the I-130 is approved—or sometimes at the same time, in what’s called concurrent filing.
What to Watch Out For
There are a few common bumps in the road. One is timing. Filing too early (like right after marriage) can raise red flags if there isn’t enough evidence that you’ve built a shared life yet.
Another is prior immigration violations. If your spouse overstayed a visa or entered without inspection, things get complicated fast. You might still be able to move forward, but you’ll need legal help to navigate waivers or address admissibility issues.
Criminal history—yours or your spouse’s—can also affect the process. Even seemingly minor charges can slow things down or trigger requests for more information.
And then there’s just the emotional toll. This process can take months, sometimes longer. Being apart during that time is hard. For a lot of couples, it can feel like the system is working against them. But it helps to know what’s coming and to stay organized.
A Note About Conditional Green Cards
If your spouse enters the U.S. and your marriage is less than two years old at the time their green card is approved, they’ll get a conditional green card. It’s valid for two years. Before it expires, you’ll both need to file a joint petition (Form I-751) to remove the conditions and prove you’re still married.
This step sometimes catches people off guard. It’s not a trick—but it is another reminder that the government doesn’t just hand out permanent residency. They want to be sure this is a lasting relationship.
Don’t Try to Do It Alone If You’re Unsure
Look, I’ve seen couples go through this on their own, and sometimes it works out just fine. But I’ve also seen others get stuck over small mistakes—missed deadlines, inconsistent documents, even forgetting to sign a form.
At Tourzani & Long, LLC, we’ve guided people through the full process—from filing the initial petition to preparing for the consulate interview. We understand how personal and stressful this can be, and we treat each case with the care we’d want if it were our own families on the line.
If you’re ready to begin, or if you’re already in the middle of it and feeling overwhelmed, feel free to reach out. We serve clients across immigration categories and welcome inquiries from all backgrounds. You can learn more at tourzanilaw.com.