Complete Guide for Canadians Filing an I-130 Marriage Petition

This guide will walk you through the process for filing an I-130 marriage petition, specifically for Canadians.

Whether you plan to move to the U.S. permanently or are exploring your options, it’s crucial to understand how the I-130 process works, what documents you’ll need, and how long it takes. 

What Is Form I-130?

Form I-130, Petition for Alien Relative, is used by a U.S. citizen or green card holder to sponsor their foreign-born spouse (you) for permanent residency in the United States.

It’s the first step in proving that:

• Your marriage is real, and
• You are eligible to apply for a green card

Can a Canadian Spouse Be Sponsored With an I-130?

Yes! Canadian citizens are eligible to be sponsored by their U.S. citizen or green card holder spouse through the I-130 petition. Although Canadians can travel to the U.S. without a visa, living permanently in the U.S. requires lawful permanent resident status (i.e., a green card).

This means you must go through the family-based immigration process, as a Canadian.

Step-by-Step: How Canadians File an I-130 Marriage Petition in 2025

1. Check Your Relationship Eligibility

Your U.S. citizen or green card holder spouse must file the petition on your behalf. You must be:

• Legally married (religious or civil marriage recognized by law)
  
  
• Not currently married to anyone else
  
  
• Able to prove the relationship is genuine (not just for immigration)
  
  

Common-law marriage may be recognized, depending on provincial and U.S. state laws. Speak to a lawyer if you’re unsure.

2. Gather Required Documents

To build a strong I-130 petition, include:

• A copy of your marriage certificate
  
  
• Proof of U.S. citizenship or green card status (passport, naturalization certificate, green card)
  
  
• Photos of your relationship over time
  
  
• Joint financial documents (bank accounts, insurance, lease/mortgage)
  
  
• Copies of past divorce decrees or death certificates, if previously married

For Canadian applicants, include a copy of your passport and a passport-style photo.

3. Complete Forms I-130 and I-130A

• Form I-130 is filled out by the U.S. spouse.
  
  
• Form I-130A is completed by the Canadian spouse.

Both forms ask for biographic and relationship information. Use accurate, matching details to avoid delays.

You can file online or by mail. Online filing is faster and offers tracking.

4. Pay the Filing Fee

As of 2025, the filing fee is $625-$675 USD. Fees are subject to change, so check the official USCIS fee calculator.

Payment options:

• Online: Credit/debit card
  
  
• By mail: Money order, check, or Form G-1450 for credit card payments
  
  

5. Submit Your Petition

If filing online:

• Create a USCIS account
  
  
• Upload your forms and supporting evidence
  
  
• Pay the fee
  
  

If filing by mail: Send the petition to the correct USCIS lockbox address, depending on your location. (Check I-130 filing addresses).

6. Receive a Receipt and Case Number

Within 2–3 weeks, USCIS will send a Receipt Notice (Form I-797C). This confirms your petition is being processed.

You can track updates using the case number at USCIS Case Status.

What Happens After I-130 Approval?

Once USCIS approves the I-130, your case is transferred to the National Visa Center (NVC). For Canadians living in Canada, this means you will go through consular processing.

Consular processing steps:

1. Submit additional forms and fees to the NVC
   
   
2. Upload financial documents and civil documents
   
   
3. Attend a green card interview at the U.S. Consulate in Montreal
   
   
4. Get a visa stamp in your passport and move to the U.S.
   
   

Note: Montreal is the only U.S. consulate in Canada that processes immigrant visas.

How Long Does the I-130 Process Take for Canadians?

Processing timelines vary by petitioner’s status and workload at USCIS centers:

After I-130 approval, NVC and consular processing can take 6–10 more months.

⏳ Total time from start to green card: ~18 to 30 months (on average)

Can Canadians Adjust Status from Inside the U.S.?

If you’re already living in the U.S. on a valid visa (like a work or student visa), you may be eligible to file for Adjustment of Status (Form I-485), instead of going through consular processing.

However, Canadians who enter the U.S. as visitors (e.g., using a passport only) generally can’t adjust status unless they meet specific requirements. Talk to an immigration attorney to determine your options.

Common Mistakes to Avoid

❌ Submitting outdated forms
❌ Missing marriage or divorce documents
❌ Weak relationship evidence
❌ Filing under the wrong category (e.g., spouse of LPR vs. U.S. citizen)
❌ Inconsistencies between forms and evidence

Pro tip: Keep a full copy of your petition and all receipts. You’ll need them later.

Do Canadians Need a Lawyer for I-130?

Not always, but having an experienced immigration lawyer can help if:

• You’ve had prior visa denials or overstays
  
  
• You or your spouse have a criminal record
  
  
• You want help speeding up or organizing the process
  
  
• You plan to adjust status from inside the U.S.

Hire a lawyer if you want someone to help you strategically plan for the move, instead of just filing paperwork.

How we can help you…

As a Canadian, filing an I-130 marriage petition is a critical step to legally living with your spouse in the United States. The process may feel slow, but getting it right the first time helps avoid unnecessary delays. Our office can help you: 

✅ Prepare strong evidence
✅ Stay organized
✅ Monitor your case status
✅ Be honest and consistent

Need help with your I-130 petition or unsure whether consular processing or adjustment of status is right for you?

Book a strategy session with Sisu Legal today and get expert guidance tailored for Canadians. Something that sets me apart from other lawyers is that I am licensed to practice Federal immigration law in both United States and Canada.