Find Your Form

What documents do I need to file I-130 for my spouse?

Home · Page

To file I-130 for your spouse, prepare Form I-130 and Form I-130A, proof of your qualifying U.S. status, your marriage certificate, evidence that any prior marriages legally ended, and evidence of a genuine marriage. Include the required passport-style photos, plus legal name-change documents and certified English translations when applicable.

The exact package depends on your status, where your spouse lives, and your marriage history. Here, you are the petitioner—the person filing I-130—and your spouse is the beneficiary. This page covers documents for the spouse petition. A Green Card application or immigrant-visa process has additional requirements.

Use this explanation alongside the current USCIS I-130 filing information and official instructions. Filling out the questions themselves? See the complete FormExplainer I-130 Guide.

Your spouse I-130 document checklist

Start with these groups. The explanations below show what belongs in each group and when a requirement changes.

  • The forms: completed I-130 and I-130A, with the required signatures and any continuation sheets. An overseas spouse’s I-130A has a specific signature exception, explained below.
  • Your qualifying status: an accepted citizenship document if you are a U.S. citizen, or permanent-resident evidence if you are a Green Card holder. You do not need every alternative document on USCIS’s list.
  • Your marriage: a copy of your civil marriage certificate.
  • Previous marriages, if any: copies showing that every prior marriage of either spouse legally ended.
  • Evidence of a genuine marriage: records of your actual marital relationship. USCIS describes several types; it does not require every couple to have every type.
  • Passport-style photos: two of you, and two of your spouse if your spouse is in the United States, taken within 30 days of filing. Follow the format and submission requirements below.
  • Name changes, if applicable: legal records connecting a current name to the name on relevant documents.
  • Foreign-language records: the document, a full English translation, and the translator’s certification.
  • Any circumstance-specific evidence: for example, the documentation required when a civil record is genuinely unavailable. This is additional to the ordinary checklist.

This is a working checklist for you; it is not a USCIS form to submit. Before filing, also check the current fee, payment method, and filing destination.

Jump to the explanation you need

What proves my U.S. citizenship or permanent residence?

This evidence is about you, the petitioner. It establishes the status on which you are filing for your spouse. Your spouse’s passport does a different job.

If you are a U.S. citizen

USCIS accepts alternatives, including a copy of your U.S. birth certificate issued by a civil registrar, unexpired U.S. passport, Certificate of Naturalization, Certificate of Citizenship, or Consular Report of Birth Abroad (FS-240). Choose an accepted document that establishes your citizenship; the instructions do not require all of them.

The instructions also list an original statement from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport. That particular option calls for an original; the usual rule for supporting documents is legible copies. See “What documents do you need to show that you are a U.S. citizen?” for the full requirements.

If you are a lawful permanent resident

Include copies of both the front and back of your Green Card. If you have not yet received the card, the instructions allow copies of your passport’s biographic page and the page showing admission as a permanent resident, or other evidence of that status issued by USCIS or the former INS.

A document showing permission to work or a temporary visit does not, by itself, establish permanent residence. Check the permanent-resident evidence instructions against the record you actually have.

The instructions also address noncitizen U.S. nationals, who may petition under the rules described there. If that is your status, use the specific noncitizen-national instructions rather than describing yourself as a U.S. citizen.

Is a marriage certificate enough for I-130?

No. The marriage certificate is essential evidence of the legal marriage, but it does not complete the spouse petition’s evidence requirements. USCIS also asks for qualifying-status evidence, applicable prior-marriage records, the spouse supplement and photos, and evidence supporting a genuine marital relationship.

Think of the marriage certificate as answering, “What is the legal relationship between these two people?” Records of your shared life help answer a further question: “Is this a genuine marriage?” Both matter.

Do I need proof that previous marriages ended?

Yes, if either of you was married before. Include copies showing that all previous marriages of both the petitioner and beneficiary legally ended. Depending on how a marriage ended, that may be a final divorce decree, annulment decree, or a prior spouse’s death certificate. USCIS lists these in its spouse-petition guidance.

Paperwork showing that a divorce was requested does not establish that it became final. If the record leaves the legal end of a marriage uncertain, that issue needs resolving; another photograph of the current couple cannot answer it.

What if our documents show different names?

If either of you uses a name different from the one on relevant documents, include the legal records reflecting the change—for example, a marriage certificate, adoption decree, or court order. The purpose is to connect the records to the same person.

For example, a marriage record may connect the surname on an earlier identity document with a later married name. A conflicting birth date or unexplained spelling difference is a different issue; it should not automatically be treated as a legal name change. See the USCIS name-change instructions.

What evidence shows that our marriage is genuine?

Use records that reflect your actual marriage and ongoing marital relationship. USCIS calls this a bona fide marriage: a genuine marital relationship rather than a marriage entered into to evade immigration law.

The I-130 instructions say you should submit one or more of the following types of evidence in addition to the required marriage-related records:

  • Joint ownership of property: records showing property held together.
  • A lease for a common residence: evidence that both of you live at the shared address.
  • Combined financial resources: records showing how your finances are joined, such as a joint bank account.
  • Birth certificates of children born to the two of you: records of that family relationship, where applicable.
  • Sworn or affirmed statements from people with personal knowledge of the marriage: often called affidavits.
  • Other relevant documentation: evidence establishing an ongoing marital union.

These are evidence categories, not a requirement to own a home, have children, or produce every item listed. They also are not a promise that one record will be enough in every case. The evidence needs to describe the marriage you actually have.

Example: A couple submits their marriage certificate and a lease documenting the home they share. The certificate records the marriage; the lease helps show their shared residence. The two documents support different facts. Neither determines the outcome by itself.

What if we do not live together yet?

A shared lease is one listed type of evidence, not a document every couple must possess. If you live apart, do not describe a mailing address as a shared home or create records implying that you live together. The instructions also allow other relevant evidence of an ongoing marital union. Which records adequately establish that relationship depends on your actual circumstances.

Can friends or family write statements?

USCIS includes affidavits from people who have personal knowledge of the marriage. A useful statement explains what the person knows and how they know it, rather than simply announcing that you are a good couple.

The instructions require the person’s full name and address, date and place of birth, and complete details explaining how they acquired their knowledge. The statement must be sworn to or affirmed. These relationship affidavits serve a different purpose from statements offered because an official civil record is unavailable, discussed below.

Do I need Form I-130A if my spouse lives overseas?

Yes. A spouse I-130 must include Form I-130A even when the beneficiary lives overseas. Form I-130A, Supplemental Information for Spouse Beneficiary, collects additional information about your spouse, including address and employment history.

Your spouse completes and signs I-130A. If your spouse resides overseas, the form still must be completed and included, but your spouse does not have to sign it. This exception appears on I-130A itself and in the I-130 instructions. It does not remove your signature requirement as the I-130 petitioner or the applicable interpreter and preparer requirements.

Gather the records needed to answer both forms accurately, including relevant identity, address, employment, and immigration information. Having a record beside you while answering a question does not automatically mean that the record must be attached.

Do I need to submit photos with I-130?

Yes. The spouse-petition instructions call for two identical passport-style color photos of you and two of your spouse if your spouse is in the United States. The photos must have been taken within 30 days of filing. The spouse-photo requirement in these instructions is conditional on your spouse being in the United States.

For the paper filing, USCIS specifies 2-by-2-inch photos with a white to off-white background and additional appearance and printing requirements. Lightly print the person’s name and A-Number, if any, on the back, using a pencil or felt pen. Check the complete photo specifications before submitting them.

For an online filing, follow the account’s photo-upload prompts and the USCIS online-filing guidance. USCIS instructs online filers to scan required passport-style photos or photograph them for upload.

These photos help identify the people in the petition. A wedding or family photograph submitted as relationship evidence does not replace a required passport-style photo.

Do foreign-language documents need translations? Should I send originals?

A document containing foreign-language information must be accompanied by a full English translation and the translator’s certification. Submit the foreign-language document as well as its translation. Translating just the names or the paragraph you think matters is not a full translation.

The translator must certify that the translation is complete and accurate and that they are competent to translate from that language into English. The certification must include the translator’s signature, printed name, signature date, and contact information. These requirements appear in the I-130 translation instructions.

Keep each document, its translation, and the certification together so the connection is clear. The translator’s certification is separate from the interpreter section completed by someone who helped a person understand the form.

Copies are the usual rule

Submit legible copies unless the instructions or USCIS specifically require an original. Keep the originals available because USCIS may request them later. USCIS warns that unsolicited originals may be destroyed rather than returned. See its document-submission guidance.

Check the whole copy or scan: names, dates, seals, and relevant information on the reverse must be readable. A clear first page is not enough if the document’s remaining pages establish when a divorce became final or explain a name change.

What if a required civil document is unavailable or inconsistent?

USCIS provides a process for unavailable official records; simply omitting the record is not that process. The I-130 instructions, pages 8–9, describe a statement from the appropriate civil authority certifying that the document is unavailable, together with secondary evidence.

Secondary evidence means other records that can establish the fact normally shown by the missing official document. The instructions give examples such as religious, school, and census records. Those examples must fit the fact you need to prove: a school record relevant to someone’s birth is not automatically a substitute for a marriage certificate.

If those secondary records are also unavailable, the instructions allow two or more written statements from people who were living at the time and have personal knowledge of the event. Each statement must include the writer’s full name, address, date and place of birth, information about the event, how the writer knows the facts, and the required signed and dated declaration under penalty of perjury. The writers do not have to be U.S. citizens. Follow the specific statement requirements.

This is different from asking a friend to describe your marriage today. A statement offered to establish a missing historical record must address that event and meet the unavailable-record requirements.

What if records conflict?

A legal name change may explain why names differ. Conflicting birth dates, incompatible marriage dates, or uncertainty about a prior divorce may require additional evidence or an explanation of the discrepancy. USCIS’s family-petition documentation guidance specifically requires substantial name variations to be satisfactorily explained.

Compare the records before transferring information to the forms. Do not alter a document or choose whichever date makes the application look simpler. A checklist can identify the conflict; it cannot establish which record is legally correct or whether a proposed substitute will be sufficient.

Do I need my spouse’s birth certificate, financial sponsorship papers, or medical exam now?

Do not assume that every document needed for a marriage-based Green Card belongs with a standalone I-130. The current spouse-specific initial-evidence list does not make a beneficiary’s birth certificate or passport copy a universal requirement merely because the beneficiary is a spouse. Those records may still be needed to complete the forms, support a particular fact, respond to USCIS, or complete the next immigration step.

This matters because a checklist for an entire immigration case can combine several different filings:

  • I-130 and I-130A: the family petition and spouse supplement covered here.
  • I-485: a separate application for adjustment of status for an eligible person in the United States. Its supporting evidence is additional to the I-130 package. See the FormExplainer I-485 Guide and current USCIS I-485 requirements.
  • I-864 and medical documentation: financial sponsorship and health-related requirements associated with the applicable permanent-residence process. They are not ordinary attachments to a standalone I-130 merely because you are petitioning for your spouse. Use the current I-864 and I-693 instructions when those steps apply.
  • Consular processing: a separate immigrant-visa process involving its own civil records, financial documents, and instructions from the National Visa Center and consular post. See the USCIS consular-processing roadmap.

“Separate” does not always mean “later in time.” If your spouse is eligible to file I-485 together with I-130, that combined filing must also meet the I-485 requirements at filing, including the applicable medical and financial-support requirements. Being physically in the United States alone does not establish eligibility to adjust status.

What should I check before filing?

Make one final pass through the forms and evidence together. This is where you catch a missing translation, an unsigned supplement, or a document placed under the wrong person’s name.

  • Match each document to its purpose. A short index can identify petitioner status, marriage, prior marriages, genuine-marriage evidence, name changes, and translations. An index helps organization; it does not replace evidence.
  • Check both people’s histories. Make sure the forms and records identify the same marriage and accurately report each spouse’s prior marriages, names, and dates.
  • Check signatures and continuation pages. Follow the paper-signature instructions or the online system’s signing process, as applicable. Remember the limited overseas-spouse exception for I-130A.
  • Check copies and uploads. Include complete, readable records and all required translations and certifications. Follow the mail-filing guidance or online-upload guidance for your filing method.
  • Check current filing details. Confirm accepted editions on the I-130 page, the fee and payment requirements in the USCIS fee schedule, and the applicable I-130 filing address if mailing.
  • Keep a complete copy. Save the forms, evidence, translations, signatures, and submission confirmation together.

What happens after I file I-130?

After USCIS accepts the filing, keep the receipt notice with your copy. USCIS reviews the petition and may request more evidence, original documents, or an interview. If you receive a request, follow its specific instructions and deadline rather than assuming the original checklist answers the new question.

An approved I-130 does not itself give your spouse a Green Card, immigration status, or permission to work. The applicable adjustment or immigrant-visa process still matters. USCIS explains the petition’s role on its I-130 page.

When does a document checklist need individual help?

A checklist can tell you what USCIS generally requests. It cannot resolve whether a disputed divorce was effective, which conflicting civil record is correct, or whether an unavailable-record explanation is sufficient in your case.

Some immigration histories also change the evidence requirements. The I-130 instructions contain special restrictions and exceptions involving, for example, a petitioner who obtained permanent residence through an earlier marriage, or a marriage entered into during immigration proceedings. Those situations can require more than the ordinary spouse checklist. See the filing restrictions and additional spouse evidence provisions.

If one of those issues applies, resolving the underlying facts or legal requirement is more useful than adding extra pages of ordinary relationship evidence. You can use FormExplainer’s professional-help options when you need that individual review.

For the questions and signatures on the petition itself, continue with the complete I-130 Guide.

Sources checked October 4, 2026: USCIS Form I-130, its instructions, and Form I-130A, each with edition date 04/01/24, together with the official filing and policy resources linked above. Recheck USCIS’s current filing information before submitting.