A person who marries U.S. citizens is eligible to apply for permanent resident status: IR-1, and if they married less than two years, the spouse will be issued a conditional Green Card, which is called CR-1. The alien spouse with CR-1 is full permanent resident in all respects except the condition. Unlike most other immigrant candidates, no numerical limitation is placed on the number of these categories, and they may become permanent residents in any one year.

1.         Termination of All Previous Marriages. U.S. law does not allow polygamy. If you were married before, you and your spouse must both show that you ended (terminated) all previous marriages before your current marriage. The death and divorce documents that show termination of marriages must be legal and verifiable in the country that issued them. Divorces must be final. In cases of legal marriage to two or more spouses at the same time, or marriages overlapping for a period of time, you can file only for your first spouse.

2.         Within 90 days before the second anniversary as a conditional resident, the alien spouse need to jointly petition to remove the conditions on the residency. Failure to do so will result in the termination of the alien spouse's conditional permanent residence.

3.         The children of US Citizen’s spouse do not have derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition. A child is included in his/her parent’s F2 petition. A child is not included in his/her parent's IR petition. If you are a U.S. citizen, you must file separate immigrant visa petitions for each of your children.

1.         Form I-130

2.         Form G-325A (one to completed and signed by petitioner; one to be completed and signed by beneficiary)

Supporting Documents

View USCIS website at www.uscis.gov 

Filing Form I-130 Alone
If you are the petitioner and reside in the United States or Canada, and are filing only the Form I-130, file it at the USCIS Chicago Lockbox facility.
NOTE: Petitioners must provide a U.S., APO/FPO, or Canadian address in Part B.2 Address, of the Form.
 

For U.S. Postal Service:
 USCIS P.O. Box 804625

 Chicago, IL 60680-4107

For Express mail and courier deliveries:
 USCIS

 Attn: I-130

 131 South Dearborn-3rd Floor

 Chicago, IL 60603-5517

Filing Form I-130 with Form I-485

If the beneficiary resides in the United States and is filing Form I-485, Application to Register Permanent Residence or Adjust Status along with Form I-130, submit both forms with the fee in the same envelope to the USCIS Chicago Lockbox facility, at the address below:

For U.S. Postal Service:
 USCIS P.O. Box 805887

 Chicago, IL 60680-4120

For Express mail and courier deliveries:

 USCIS

 Attn: FBAS

 131 South Dearborn-3rd Floor

 Chicago, IL 60603-5517

Petitioners residing abroad:

If you reside in a country outside of the United States and Canada, file your From I-130 at the USCIS office overseas or the U.S. Embassy or consulate having jurisdiction over the area where you live. For further information, contact the nearest U.S. Embassy or consulate.