If you are an American citizen looking to bring your non-citizen spouse to the United States, you must file Form I-130, officially known as the Petition for Alien Relative. This petition, which is processed by the United States Citizenship and Immigration Services (USCIS), establishes the legal relationship between the two of you and is an essential part of the immigration process. In this blog post, we will discuss the Form I-130 application and provide guidance on how to complete and submit it.
I-130 Checklist Before You Begin Preparing the Petition
Form I-130 is an immigration form used by United States citizens and lawful permanent residents of the United States to petition for an alien relative to become an immigrant of the United States. It is important to ensure all necessary documents and forms are completed correctly in order to successfully petition for your spouse to enter the United States.
When sponsoring your spouse for a marriage green card, it is important to gather all required documents and supporting evidence. All documents should be in their original language, with English translations if needed. Additionally, some documents may need to be certified, notarized, or signed and dated. All required fees and immigration forms should also be collected. Make sure to double-check all information for accuracy before submitting the application. It is also important to understand the process of the I-130 application, as there may be additional forms and documents that need to be completed as requested. Make sure to keep a copy of all documents submitted for your records.
With the correct preparation and understanding of the I-130 application process, you can successfully petition for your spouse to enter the United States.
I-130 Checklist of Items to Submit with Spousal Petition
If you are looking to bring your spouse to the United States, you must fill out Form I-130, Petition for Alien Relative. Filing the form is the first step in the process of obtaining a green card for your spouse. In order to complete Form I-130 and submit it to the U.S. Citizenship and Immigration Services (USCIS), you must provide the following documents:
- Completed Form I-130
- Proof of U.S. citizenship or lawful permanent residence
- Proof of termination of any prior marriages
- Proof of valid marriage
- Evidence of bona fide marriage
- Photographs showing the petitioner and beneficiary together
- Additional evidence of a bona fide marriage as required
- Birth certificates for any children of the marriage
- Proof of legal name change, if applicable
- Proof of any prior immigration benefits, if applicable
- Copies of passports, or other evidence of travel
- A copy of the separation agreement or divorce decree, if applicable
- Proof of legal immigration status, if applicable
- Evidence of any financial support for the beneficiary, if applicable
It is important to understand that the evidence you provide must demonstrate the authenticity of the marriage and that it is not for the purpose of obtaining an immigration benefit. It is also important to note that while the documents listed above may be the most commonly required, any additional evidence of a bona fide marriage may be requested by USCIS.
If you have any questions about filing Form I-130 for your spouse or what documents you may need to provide, it is best to speak with an experienced immigration attorney. They can help make sure that your application is complete and accurate, and can answer any questions you may have about the process.
Different Supporting Documents for Different Cases
Filing a Form I-130 for your spouse can be a complicated process. It requires a number of documents to prove your marriage is valid. The documents you will need are:
- Copies of your marriage certificate
- Proof of termination of any prior marriages
- Evidence of a bona fide marriage
- Copy of your current U.S. passport
- Copy of your foreign passport
- Birth certificate of the petitioner
- Proof of the petitioner’s U.S. citizenship
- Proof of the petitioner’s legal immigration status
- Copies of the petitioner’s tax returns
- Evidence of financial support of your spouse
- Proof of communication between the couple
- Evidence of joint ownership of assets or liabilities
- Evidence of joint travel
- Evidence of joint ownership of a home or residence
- Copies of joint bank accounts statements
- Evidence of joint utility bills
- Birth certificates of any children of the marriage
- Evidence of joint responsibility for any children
It is important to make sure all documents provided are in English (US) language. Additionally, all documents must be valid, legible copies, not originals. Make sure to double-check all documents before submitting.
Visa Overstays and Unlawful Presence
Form I-130 is an important tool for U.S. citizens who wish to petition for an immigrant visa for their spouse. It is a necessary step in the process of bringing your spouse to the United States. However, there are certain circumstances in which you need to consult an immigration attorney before filing an immigrant petition.
If your spouse has overstayed their visa or has been in the U.S. unlawfully, they may be subject to a bar from entering the U.S. Unlawful presence is a period of time when a foreign national is in the U.S. without permission or authorization from the U.S. government. If your spouse has overstayed their visa, they will be subject to a three or ten-year bar from entering the U.S., depending on the length of the overstay. If your spouse has been in the U.S. unlawfully for more than one year, they will be subject to a ten-year bar from entering the U.S.
It is important to consider the potential consequences of filing Form I-130 if your spouse has overstayed their visa or been in the U.S. unlawfully. Even if you are successful in petitioning for your spouse with Form I-130, they may still be subject to the three or ten-year bar.