How to Help Your Family Become Legal Residents
If You're a Legal Resident Living Abroad: File Form I-130. Upon approval and visa availability, it will proceed to consular processing. If You're a Legal Resident in the U.S.: File Form I-130. After a visa number is available, apply for status adjustment using Form I-485. If You're a U.S. Citizen Living Abroad: File Form I-130. Once approved, it will proceed to consular processing. If You're a U.S. Citizen Living in the U.S.: File Form I-130 and Form I-485 simultaneously.
Required Documents
Form I-130 (signed with fee) and required documentation, including: evidence of legal name changes, passport-style photos of you and your spouse, divorce decrees, death certificates, or annulment decrees for previous marriages, civil marriage certificate, and two G-325A forms (one for you and one for your spouse).
Proof of Status
For Green Card Holders: Provide a copy of Form I-551 (green card) or a foreign passport with a stamp showing temporary evidence of permanent residence. For U.S. Citizens: Provide a copy of your U.S. passport, birth certificate, Consular Report of Birth Abroad, naturalization certificate, or certificate of citizenship.
Conditional Resident Status
If married for less than two years when your spouse receives permanent resident status, it will be conditional. To remove conditions, file Form I-751 within 90 days before the conditional resident card expires. Failure to do so may result in termination of resident status and potential removal from the U.S.