I-130 Documents Checklist for Spouse: What to File in 2026

If you are petitioning for your husband or wife, the strength of your Form I-130 package decides how smoothly your case moves. USCIS (U.S. Citizenship and Immigration Services) reports that standalone I-130 petitions now average more than 14 months, and a thin or incomplete filing can add to that through a Request for Evidence.

The fix is a complete package on the first try. This I-130 documents checklist for spouse petitions walks you through every form, fee, status proof, and piece of bona fide marriage evidence you need in 2026, plus what to leave out, how translations and photos work, and how the list shifts when your spouse lives abroad or holds a different petitioner status.

What is Form I-130 for a spouse petition?

Form I-130, Petition for Alien Relative, is the document you file to establish a qualifying family relationship between you and your spouse so they can pursue a green card. It is the first step in family-based immigration. It does not grant status by itself; it asks the agency to recognize your marriage and confirm your spouse’s eligibility for an immigrant visa.

For a spouse, the petition does two jobs at once. It proves you are legally married, and it shows the marriage is real, entered in good faith, not to obtain an immigration benefit. Your document set has to satisfy both, which is why a spouse petition carries more paperwork than any other I-130 category.

If you are a U.S. citizen, your spouse is an immediate relative with no visa wait. If you are a lawful permanent resident (LPR), your spouse falls into the F2A preference category and may wait for a visa to become available.

Who can file, and what does USCIS need to see first?

Before you assemble documents, you need to confirm you are eligible to file and that your marriage qualifies. Officers look at three things first: your status as the petitioner, the legal validity of your marriage, and whether every prior marriage has ended.

U.S. citizen petitioner vs. lawful permanent resident petitioner

Your status shapes the entire checklist. A citizen proves citizenship with a U.S. birth certificate, the bio page of a valid U.S. passport, a Naturalization Certificate, a Certificate of Citizenship, or a Consular Report of Birth Abroad (Form FS-240).

A lawful permanent resident submits a copy of both sides of their Permanent Resident Card (Form I-551), or other proof of permanent residence.

The difference matters beyond paperwork: a citizen’s spouse can move toward a green card immediately, while a permanent resident’s spouse waits in the F2A line. Green card holders also face extra scrutiny in one situation, covered later in this guide.

A legally valid marriage and termination of prior marriages

You must show a legally valid marriage recognized by the government authority where it took place. That means a civil marriage certificate, not just a religious or ceremonial record.

If either spouse was married before, you must prove every prior marriage legally ended. Submit divorce decrees, annulment decrees, or death certificates for each one — for both you and your spouse, not just the most recent. A missing prior-marriage document is a common reason cases slow down. If a name change makes your records inconsistent, also include the legal name change document.

Same-sex, proxy, and common-law marriages

You can petition for a same-sex spouse on equal terms; the agency recognizes the marriage if it was legally valid where it was celebrated, regardless of where you live now. The same place-of-celebration rule governs proxy marriages, recognized only if the marriage was consummated, and common-law marriages, recognized only if the jurisdiction treats them as legally valid.

For any of these, your evidence should pin down legal validity. Include documentation of where and when the marriage was celebrated and, for a proxy marriage, proof the couple has been together since.

Documents every spouse I-130 package must include

Your core package is the same whether your spouse is here or abroad. This is the I-130 checklist for spouse USCIS officers expect to see, and it is the foundation; build it first, then add the bona fide marriage evidence covered next. The table summarizes the required documents, with detail below.

Form I-130 and where to download it

You must file the current edition of Form I-130, dated 04/01/24. The agency, part of the Department of Homeland Security, rejects petitions on an outdated edition. Download the form fresh from the official USCIS Form I-130 page rather than reusing an old copy.

A blank required field can also send a petition back, so complete every field and keep a copy of your filing for your records.

Form I-130A for the beneficiary spouse

For a spouse petition, you must also submit Form I-130A, Supplemental Information for Spouse Beneficiary. Your spouse completes it with their biographical and address history.

If your spouse lives overseas, they do not have to sign it; if your spouse lives in the United States and the form is unsigned, the agency issues an RFE (Request for Evidence). Leaving the I-130A out entirely is one of the most common filing mistakes, so confirm it is in the packet before you submit.

Filing fee, payment method, and online vs. mail amounts

The I-130 filing fee in 2026 is $675 by mail or $625 online, a $50 online discount, and there is no fee waiver for this petition. You can confirm the current amount on the USCIS fee schedule.

For mail filings, the agency generally requires electronic payment: pay by credit, debit, or prepaid card using Form G-1450, or by bank transfer using Form G-1650. Personal checks and a money order are no longer accepted for most paper filings unless you qualify for a payment exemption.

Proof of petitioner U.S. citizenship or permanent residence

Include one document proving your status, matched to the list above. Your proof of U.S. citizenship can be a birth certificate, passport, Naturalization Certificate, Certificate of Citizenship, or FS-240. Green card holders submit a copy of their card. Submit a photocopy, not the original.

Civil marriage certificate

Include a copy of your civil marriage certificate issued by the government office where you married. If it is in another language, add a certified English translation, covered in its own section below.

Proof that all prior marriages ended

For both spouses, include the divorce decrees, annulment decrees, or death certificates that ended every earlier marriage. These records establish that your current marriage is legally valid.

Passport-style photographs

Photos are required for both spouses. If you file by mail, submit two identical color passport-style photos of yourself and two of your spouse, taken within 30 days, each 2 by 2 inches on a white background. If you file online, upload one digital photo of each spouse instead.

How do you prove a bona fide marriage with your I-130 filing?

Your marriage certificate proves the marriage is legal; it does not prove the marriage is real. Under USCIS guidance updated in 2025, officers now weigh whether your marriage is genuine at the petition stage, so you should submit strong relationship evidence with the filing rather than waiting.

The goal is to show, across several categories, that you share a life. Officers evaluate the totality of your evidence, so spread it across the categories below. Primary evidence, the items that are hard to fake, carries the most weight.

Financial evidence

Your strongest proof is usually financial intermingling. Strong i-130 evidence of bona fide marriage includes a joint bank account with statements showing activity from both spouses, joint tax returns filed as a married couple, insurance policies naming each other, and a shared credit card account. Retirement or life-insurance beneficiary designations naming your spouse add weight.

Shared residence

You should show you live together. Include a joint lease, deed, or mortgage, along with utility bills in both names at the same address. Government-issued IDs and bank statements showing the same address for both spouses reinforce a shared home.

Children born to the marriage

If you have children together, include their birth certificates listing both parents. Records of children born to the couple are among the most persuasive proof of a genuine marriage that officers recognize.

Relationship history

You can round out the picture with the story of your relationship. Add photographs together across different dates and events, travel records from trips you took as a couple, and communication logs that show an ongoing relationship. These matter most for newlyweds or couples who have lived apart.

Third-party affidavits

You may include sworn statements from people with personal knowledge that your marriage is real. Each one should state the writer’s full name, address, date of birth, relationship to you, and a detailed explanation of how they know what they describe. These statements support your documentary evidence; they do not replace it.

Evidence USCIS does not want

More is not always better, and a few items work against you. Officers will not accept anything with electronic chips or batteries, non-paper materials such as CD-ROMs, DVDs, thumb drives, or toys, or biological and genetic (DNA) samples. They also do not want graphic photos of childbirth or intimate relations. Submit photographs or copies of physical mementos instead of the objects themselves.

Certified English translations for foreign-language documents

Any document you submit in another language needs a full English translation, so check every record in your packet. This applies to your marriage certificate, birth records, divorce decrees, and any other foreign-language documents.

What the certification statement must say

Each translation must be complete and accompanied by a signed certification from the translator. The statement certifies that the translation is accurate and complete and that the translator is competent to translate from the foreign language into English. Include a photocopy of the original document alongside the translation. Notarization is not required.

Who can translate

You do not need a professional or certified translation service. Any competent bilingual person may translate the document and sign the certification. Many applicants use a third party rather than translating their own records, which avoids any appearance of bias, though it is not required. An i-130 marriage certificate translation follows the same rule as any other record.

Spouse abroad vs. spouse in the U.S.: checklist differences

Where your spouse lives changes the back half of your checklist, so identify your path before you file. A spouse already in the United States can usually adjust status; a spouse abroad goes through consular processing.

Consular processing

If your spouse lives abroad, the approved petition travels to the National Visa Center and then to a U.S. embassy or consulate for an immigrant visa interview, the final step before your spouse receives a U.S. visa.

Because you likely live apart, lean harder on communication logs, proof of visits, photos together, and travel records to show an ongoing relationship. Remember that an overseas spouse does not have to sign Form I-130A, though the form must still be completed and submitted.

Adjustment of status

If your spouse is in the United States in a qualifying status, they can pursue adjustment of status by filing Form I-485, sometimes concurrently with the petition.

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For the petition itself, a signed I-130A is required, and an unsigned one prompts an RFE. Documents that show a shared life here — a copy of your spouse’s Form I-94, plus IDs and accounts at the same address — strengthen the filing.

Online filing vs. mail: what changes in your document set

You can file Form I-130 online or by mail, and the choice changes a few items in your packet. The substance of your evidence is the same either way; the format and a few mechanics differ.

• Number of photos: Online filers upload one digital photo of each spouse; mail filers send two physical photos of each spouse.
• Scans vs. photocopies: Online filers upload scanned copies through their account; mail filers send physical copies to the correct USCIS lockbox.
• Form I-130A submission: Online, you upload a completed I-130A (signed as a PDF where required); by mail, you include the completed paper form.
• Fee and receipt: Online filing costs $625 and confirms receipt instantly; mail filing costs $675 and returns a Form I-797C receipt notice after several weeks.

Extra scrutiny when the petitioner is a green card holder

If you are a permanent resident rather than a citizen, two things change. Your spouse is in the F2A category and may wait for a visa, and in one situation the agency applies a higher evidentiary bar.

F2A category and why the checklist is not the same

If you are a permanent resident, your spouse is a preference-category beneficiary, so a green card is not always immediately available. The F2A category also covers an unmarried child of a permanent resident.

Your document list is otherwise similar to a citizen’s, but the timeline depends on the monthly Visa Bulletin. If you naturalize while the petition is pending, your spouse can move up to immediate-relative status.

The five-year bar and clear-and-convincing evidence

If you became a permanent resident through a prior marriage, the agency generally cannot approve a new spousal petition until five years after you became an LPR.

You can overcome this only by showing, with clear and convincing evidence, that your earlier marriage was genuine and not entered to evade immigration law, or by proving that it ended through the death of your spouse. If this applies to you, build an unusually strong evidence package.

When can't you get standard civil records?

Not everyone can obtain a standard birth or marriage certificate, and the agency plans for that. If a required civil record is unavailable, you follow a formal hierarchy of substitutes rather than leaving a gap.

Missing birth or marriage certificates

When you cannot get a civil record, officers use a three-tier order of proof. Primary evidence is the civil-authority record. If that is genuinely unavailable, secondary evidence such as church or baptismal records, school records, hospital birth records, or census records may be accepted.

If neither exists, you may submit affidavits from two people with personal knowledge of the event. Include a statement from the relevant authority confirming the primary record is unavailable.

Missing divorce or death records

If your divorce decree or death certificate is missing, the same approach applies. Court records, religious documents, or sworn statements from people with personal knowledge can stand in, again paired with proof that the official record cannot be obtained.

Documents from countries with weak civil registration

If your country’s civil registration is unreliable, the agency expects the best secondary evidence you can gather plus an explanation of why primary records are unavailable. The Department of State reciprocity schedule lists what records each country issues, which helps you show a record genuinely does not exist.

How should you organize your spouse I-130 packet before you file?

Your packet is easier to file when it is organized, so assemble it deliberately. Treat organization as part of the filing, not an afterthought.

• Cover letter: Open with a cover letter that lists every form and document enclosed, so the officer can see the package is complete.
• Labeled evidence sections: Group your supporting documents and relationship evidence into labeled sections — financial, residence, children, relationship history — so it reads as a coherent story.
• Copies vs. originals: Submit photocopies, never originals, unless the agency specifically requests them; keep originals for a possible interview.
• Optional Form G-1145: Clip Form G-1145 to the front if you want a text or email confirming your filing was received.

Because a spouse petition rests on judgment calls about which evidence is strong enough, some couples have their package reviewed before filing; Lighthouse offers document preparation and attorney review for U.S. immigration filings of this kind.

What should you leave out of Form I-130 for your spouse?

Knowing what to leave out is as useful as knowing what to include, because over-filing slows the review. Several documents belong to later stages, not the petition.

• Form I-864 and financial sponsorship: The Affidavit of Support, tax returns submitted as sponsorship proof, and income evidence belong to the adjustment or consular stage, not the petition. Including them here is unnecessary.
• Consular-only items: Form DS-260, the medical exam, and police certificates are collected after approval, during consular processing or adjustment, not with the petition.
• Prohibited materials: As noted earlier, officers reject electronic media, objects, and DNA samples; keep your packet to paper documents and photographs.

2026 policy and form updates that affect your document list

A few recent changes affect what you file and how it is judged, so confirm them before you submit. They do not change the core checklist, but they make strong evidence more important. Work through these steps before filing:

1. Verify the form edition. The agency only accepts the Form I-130 edition dated 04/01/24, and editions change, so confirm the date on the official page before filing.
2. Account for the bona fide marriage standard at the petition stage. USCIS policy updates in 2025 (Policy Alerts PA-2025-12 and PA-2025-23, the latter effective October 17, 2025) direct officers to assess whether a marriage is legally valid and genuine when adjudicating the I-130, not only later.
3. Confirm how your marriage is recognized. The same USCIS Policy Manual guidance recognizes same-sex, proxy, and virtual marriages by the place-of-celebration rule, and reiterates the permanent bar under INA (Immigration and Nationality Act) section 204(c) for anyone who previously sought a benefit through a fraudulent marriage.

Master I-130 documents checklist for spouse

Use this summary as a final pass before you submit, so nothing is missing. The I-130 supporting documents for spouse petitions condense into the four groups below.

Core forms and fees:

• Form I-130, current 04/01/24 edition, completed in full
• Form I-130A for your spouse, signed if your spouse is in the United States
• Filing fee of $675 by mail or $625 online, paid by Form G-1450 or G-1650
• Optional Form G-1145 for electronic notification

Relationship and status documents:

• Proof of your U.S. citizenship or permanent residence
• Civil marriage certificate, with certified English translation if needed
• Divorce decrees, annulment decrees, or death certificates for all prior marriages
• Passport-style photos of both spouses, two each by mail or one each online

Bona fide marriage evidence categories:

• Financial: joint bank account statements, joint tax returns, shared insurance policies
• Residence: joint lease, deed, or mortgage, plus utility bills in both names
• Family: birth certificates of children born to the marriage
• History and affidavits: photos over time, travel and communication records, third-party statements

Final review before submit:

• Confirm the current form edition and complete every required field
• Add certified translations for all foreign language documents
• Submit photocopies, keep originals, and leave out consular-stage items

The bottom line on your spouse I-130 documents

A complete I-130 documents checklist for spouse petitions comes down to evidence discipline. File the current forms, prove your status and a legally valid marriage, document prior-marriage terminations, and back the relationship with strong, well-organized evidence across several categories.

Because officers now weigh those bona fides at the petition stage, the package you submit on day one carries more weight than it used to. If you want experienced eyes on your filing before it goes in, Lighthouse helps people prepare and review U.S. immigration petitions with document preparation and attorney review built in.

This article is general information, not legal advice. For guidance on your specific facts, consult a licensed immigration attorney.

Frequently asked questions on the I-130 documents checklist for spouse

What documents are required to file I-130 for a spouse?

You need Form I-130 and Form I-130A, the filing fee, proof of your U.S. citizenship or permanent residence, your civil marriage certificate, proof that all prior marriages ended, passport-style photos of both spouses, and bona fide marriage evidence. Add certified English translations for any foreign-language documents. That is the core of any list of documents for an I-130 spouse petition.

Do I need Form I-130A for my spouse?

Yes. Form I-130A, Supplemental Information for Spouse Beneficiary, is required for every spousal petition. Your spouse completes it; they must sign it if they live in the United States, but a spouse living abroad does not need to sign, though the form must still be submitted. Omitting it is a common reason petitions are returned.

How many passport photos do I need for an I-130 spouse petition?

If you file by mail, submit two identical passport-style photos of the petitioner and two of the beneficiary spouse, taken within 30 days on a white background, each 2 by 2 inches. If you file online, upload one digital photo of each spouse. These i-130 photos requirements apply to both spouses.

What is bona fide marriage evidence for I-130?

It is documentation showing your marriage is real, not entered for immigration purposes. Proof of bona fide marriage examples include joint bank accounts and tax returns, a shared lease or mortgage, insurance naming each other, birth certificates of children born to the marriage, photos together over time, and statements from people who know your relationship. Officers weigh the totality of this evidence.

Can I file I-130 for my spouse online?

Yes. You can file Form I-130 online through your USCIS account or by mail. Online filing costs $625 versus $675 by mail, lets you upload scanned documents and one digital photo of each spouse, and confirms receipt instantly. The underlying document checklist is the same either way.

What is the I-130 filing fee for a spouse in 2026?

The filing fee is $675 by mail or $625 online in 2026, and there is no fee waiver. For mail filings, pay by card with Form G-1450 or by bank transfer with Form G-1650, since personal checks and a money order are no longer accepted for most paper filings.

Do foreign documents need certified English translations for I-130?

Yes. Any foreign-language document must include a full English translation with a signed statement certifying the translation is accurate and the translator is competent. The translator does not need to be a professional, notarization is not required, and you should include a copy of the original document with each translation.