Law Blog

ROAD MAP: Spousal Petition

Here is an overview of the spousal petition process that we provide our clients. Hopefully, you will find the step-by-step explanation helpful, and maybe even become a client yourself. : )

Document Preparation

The first step is collecting documents and information from you, so we can prepare the various forms involved.  In a typical spousal petition, the following forms will be submitted on your behalf:

G-28    Notice of Attorney Rep.

I-130   Petition for Alien Spouse

I-130A Spousal Supplement

I-485   Adjustment of Status

I-693   Medical Report

I-765   Work Authorization

I-864   Affidavit of Support

HLA Approach.  The forms are quite detailed, so the preparation can be tedious.  We do our best to make that process as painless as possible for you.  So, for example, we don’t hand you a massive questionnaire and ask you to fill the whole thing out. 

Instead, the first thing we do is collect all the relevant documents from you, and we glean as much information as we can from those documents.  Then, and only then, we send you a short list of the information we still need. 

Review & Submission

Once the forms are completed, you will meet with an attorney to finalize and sign the forms.  We will prepare a cover letter for the package and assemble all the exhibits.  We are then ready to send the package out by certified mail.   

After Submission

Notice of Receipt (1-2 weeks) – The first thing we will receive from the USCIS is a notice letting us know the package has been received and is being processed. 

Biometrics (3-4 weeks) –  Then, we will get a notice with an appointment date/time for the beneficiary to do biometrics (i.e. finger printing & background check). 

Interview (6-8 months) – You should receive the notice with a date/time for your interview.  We will help you prepare for the interview.  We will give you a tailored list of documents you need to take with you. And, an attorney will talk to you about what to expect.

Decision (9-11 months) – You will receive notice of approval or denial of your petition

*If the alien spouse if overseas, the process will be slightly different – and take a bit longer – because the beneficiary will have to go through the US Consulate in order to get a visa before coming to the US.

Please bear in mind there is always the possibility of unexpected delays and/or events.  Still, hopefully, this Map will give you a clearer sense of the process and help you better prepare along the way.

~ Jeff Harrington