1
File Petition for Alien Relative
This petition is intended to designate the US Citizen spouse as a relative to a US Citizen and therefore, she or he is eligible to file for permanent residence concurrently. The petition must be filled on form I-130 thereby completing all the fields completely and accurately. Documentary evidence of the marriage and termination of any prior marriage, whether by divorce or death of the prior spouse must be included. In addition, the US Citizen spouse must prove his citizenship by enclosing his or her birth certificate or naturalization certificate. In addition, forms G-325A for each spouse must be completed and passport photographs must be submitted.
2
File Application for Adjustment of Status
If the alien is in the US, then she or he must complete form I-485 accurately. The alien spouse must submit documentary proof that she or he is eligible to file for adjustment of status. The alien must also take a medical examination showing that he or she does not have certain communicable diseases and that he or she has completed certain immunizations. The medical examination must be conducted by a civil surgeon approved by the USCIS. The US Citizen must also complete form I-864 proving that he meets the financial thresholds to sponsor the spouse based on the US Citizen’s income and number of dependents. The petition and application must be filed with the USCIS benefits center in Chicago.
