Filing an I-130
Download the form. The I-130 Petition for Alien Relative must be filed by a citizen or lawful permanent resident in order to establish a relationship between the "host" and the alien who wishes to immigrate. You can download an I-130 at http://www.uscis.gov/sites/default/files/files/form/i-130.pdf.
Fill out the form. The I-130 is a two-page form. There are seven pages of instructions detailing each aspect of the form. You can find the instructions at http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf. Fill out the I-130 in black ink and answer all of the questions. You can answer with "N/A" or "none" if the question does not apply to your situation. You can find a sample I-130 at http://www.immihelp.com/forms/i-130-sample-petition-for-alien-relative.pdf.
Attach two G-325A forms. You and your spouse must each complete and sign a G-325A form, which contains biographical information about each of you. You can download the form with instructions at http://www.uscis.gov/sites/default/files/files/form/g-325a.pdf. You each must sign each form, but you do not need to repeat information contained in the I-130. http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf
Attach other necessary documents. You will need to include copies of documents establishing your status and your relationship with your spouse. To establish your status, attach a copy of your birth or naturalization certificate, or your permanent resident card. If you do not have either of those, the instructions specify other acceptable forms of identification. To prove your relationship with your spouse, submit copies of your marriage certificate, divorce certificates from any previous marriages, recent passport-style photos of both of you, and other proof of your marriage as specified in the instructions.
File the form. You will need to mail your application to USCIS in Phoenix, AZ or Chicago, IL, depending upon where you live. The mailing addresses and instructions for where to send your application are contained in the instructions. If you live abroad, you can also file your application with a USCIS office, if there is one in your home country. You must include a filing free of $420. Include your payment as a check or money order payable to U.S. Department of Homeland Security.
Filing an I-485
Download the form. Your spouse will need to file an I-485 Application to Register Permanent Residence or Adjust Status. This form is used to request permanent residence status. You can find the form at http://www.uscis.gov/sites/default/files/files/form/i-485.pdf. Your spouse cannot submit an I-485 if he or she entered the U.S. illegally without inspection. He or she can still file the application if he or she merely has an expired visa. The I-485 should be filed by a spouse who is already legally living in the U.S. If your spouse is living abroad, he or she should file for a green card with the U.S. consulate or embassy in that country. If your spouse entered the U.S. without inspection, he or she can only get a green card by voluntarily returning to his or her home country and applying for a green card and attending an interview at the U.S. embassy or consulate in that country.
Fill out the form. The I-485 is a six-page form. There are eight pages of instructions detailing each aspect of the form. You can find the instructions at http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf. Fill out the I-130 in black ink and answer all of the questions. You can answer with "N/A" or "none" if the question does not apply to your situation. You can find a sample I-485 at http://www.immihelp.com/forms/i-485-sample-adjustment-of-status.pdf.
Attach a G-325A form. If your spouse is between the ages of 14 and 79, he or she must complete and sign a G-325A form, which contains biographical information. You can download the form with instructions at http://www.uscis.gov/sites/default/files/files/form/g-325a.pdf.
Attach other necessary documents. Your spouse must include additional documentation. What documents are required will depend upon his or her situation. Attachments include copies of arrest records, a birth certificate, a passport, and two passport-style photos.
File the form. Where your spouse will mail the form depends upon your particular situation. For example, if you are a U.S. citizen, then your spouse will file the I-485 with USCIS in Chicago, IL. See the instructions and mailing addresses at http://www.uscis.gov/i-485-addresses. You must include a filing free of $985. Include your payment as a check or money order payable to U.S. Department of Homeland Security. If your spouse is between 17 and 79, he or she must also submit a biometrics services fee of $85 along with the form G-325A.
Attend the biometrics appointment. A few months after your spouse submits the I-485, he or she will receive a notice regarding fingerprinting. He or she must attend an appointment with a biometrics office to be fingerprinted.
Pass the interview. A few weeks or months after the fingerprinting, you and your spouse will be scheduled for a personal interview at a USCIS office. The interviewing officer will ask questions in order to determine that you and your spouse are truly a married couple and not posing as a couple for immigration purposes. Your spouse's permanent residence will be granted or denied at the interview. The interviewer will be looking for evidence that you and your spouse live together, share property, have children together, and/or have relationships with each others' friends and family. Be prepared to discuss those topics with the interviewer.
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