Filing Form I-130, Petition for Alien Relative, is the first step for U.S. citizens and lawful permanent residents who want to sponsor their spouses for a green card. The petition establishes the relationship between the sponsor and the spouse. To avoid delays or rejections, it’s crucial to submit the correct supporting documents. This guide provides an updated and comprehensive I-130 documents checklist for a spouse, incorporating the latest requirements and tips for ensuring a smooth process.
1. Form I-130: Petition for Alien Relative
You must complete and submit Form I-130, which officially starts the petitioning process. This form provides information about the sponsor and the spouse seeking a green card. Ensure that all information is accurate and consistent with the supporting documents to avoid issues down the line.
2. Proof of U.S. Citizenship or Lawful Permanent Resident Status
The sponsor (petitioner) must prove that they are either a U.S. citizen or a lawful permanent resident. Acceptable documents include:
- U.S. Citizens:
- U.S. birth certificate
- U.S. passport (current or expired, but not damaged)
- Naturalization certificate
- Certificate of Citizenship
- Lawful Permanent Residents:
- Copy (both sides) of the green card (Permanent Resident Card, Form I-551)
- Foreign passport with an I-551 stamp
3. Proof of Marriage
You must submit evidence that your marriage is legally valid. Acceptable documents include:
- Marriage certificate: A certified copy issued by the civil authorities in the country where the marriage took place. Ensure that it includes both spouses’ names, the date, and place of marriage.
- Translation: If your marriage certificate is in a language other than English, you must include a certified translation along with the original.
4. Proof of Termination of Prior Marriages
If either spouse was previously married, you must submit evidence of the legal termination of those marriages, such as:
- Divorce decrees
- Annulment decrees
- Death certificates (if a prior spouse is deceased)
Ensure the documents are certified copies and include translations if necessary.
5. Proof of Bona Fide Marriage
USCIS scrutinizes I-130 applications to ensure that the marriage is genuine and not for immigration purposes. You’ll need to provide evidence of your relationship, such as:
- Joint lease or mortgage documents: Showing both spouses’ names
- Joint bank account statements: Highlighting shared finances
- Insurance policies: Showing the spouse as a beneficiary
- Photos: Of the couple together at different times and locations (wedding, vacations, family events)
- Affidavits: Statements from family members or friends who can attest to the legitimacy of the marriage (they must be sworn and notarized)
- Travel itineraries or tickets: Documenting shared trips or visits to each other
6. Passport-Style Photos
Both the petitioner (sponsor) and the spouse (beneficiary) must submit passport-style photos. These photos must follow USCIS specifications:
- 2 x 2 inches
- White background
- Taken within 30 days of submission
- Full-face view (no hats or sunglasses)
Ensure that you label the back of each photo with the full name of the person pictured.
7. Form I-130A: Supplemental Information for Spouse Beneficiary
If your spouse lives outside the U.S., you must also submit Form I-130A. This form provides additional biographical information about the spouse seeking the green card.
- Ensure that Form I-130A is signed and dated by your spouse.
- If your spouse is in the U.S., they must sign the form. If they are outside the U.S., they can either sign or leave the signature box blank if you’re filing without their signature.
8. Filing Fee
The current filing fee for Form I-130 is $535. Ensure that you pay this fee via an acceptable method, which includes:
- Credit or debit card (if filing online)
- Check or money order (if filing by mail)
- Payable to “U.S. Department of Homeland Security” (Do not abbreviate “DHS”)
9. Proof of Legal Name Changes
If either spouse has changed their name, you must submit proof of the legal name change. This could include:
- Marriage certificate (if the name change occurred at marriage)
- Divorce decree
- Court order for a legal name change
Ensure that certified copies of these documents are included.
10. Translation of Foreign Documents
Any document submitted that is not in English must be accompanied by a certified translation. The translation must include a certification from the translator stating that they are competent to translate and that the translation is accurate.
11. Proof of Legal U.S. Entry (If Applicable)
If your spouse (the beneficiary) is already in the United States, you may need to provide evidence of their legal entry. This can be crucial for certain immigration statuses, especially for adjustment of status cases. Acceptable documents include:
- Form I-94: Arrival/Departure Record
- Visa stamp: In the spouse’s passport
- Entry stamp: Showing legal entry into the U.S.
This is particularly important if your spouse is applying for adjustment of status, as proof of legal entry is typically required.
12. Affidavit of Support (Form I-864)
Although Form I-864, Affidavit of Support, is not required with Form I-130, it will be required later when your spouse is applying for a green card. It’s worth mentioning here since many couples prepare this document in advance to show that the U.S. citizen or lawful permanent resident can financially support their spouse.
Form I-864 requires you to:
- Prove your income meets at least 125% of the U.S. poverty guidelines.
- Include tax returns, W-2s, or other financial documents from the last three years.
- If the petitioner doesn’t meet the income requirements, a joint sponsor can submit an additional I-864.
13. Form G-1145: E-Notification of Application/Petition Acceptance (Optional)
Submitting Form G-1145 allows you to receive electronic notifications via email or text message when USCIS accepts your petition. This form is optional, but it’s a helpful tool to stay updated on your petition’s status.
14. Consular Processing vs. Adjustment of Status
If your spouse is outside the U.S., the I-130 petition will be processed through consular processing. This means that once USCIS approves the I-130, the National Visa Center (NVC) will take over. In this case, additional documents may be required for consular processing, including:
- Form DS-260: Immigrant Visa Electronic Application (for consular processing)
- Police clearance certificates: From any country where your spouse has lived for six months or more since turning 16.
- Medical exam report: Required for the visa interview at the U.S. embassy or consulate.
For spouses already in the U.S., they can apply for adjustment of status (Form I-485) after USCIS approves the I-130. At this stage, you’ll need to submit more forms and documents, such as:
- Form I-485: Application to Register Permanent Residence or Adjust Status
- Form I-765: Application for Employment Authorization (optional but recommended if your spouse wants to work while waiting)
- Form I-131: Application for Advance Parole (optional if your spouse wants to travel while their green card application is pending)
15. Criminal Records and Waivers (If Applicable)
If your spouse has any prior criminal history, particularly if it involves moral turpitude or immigration violations, additional documentation and legal considerations will be necessary. In some cases, you may need to file for a waiver using:
- Form I-601: Application for Waiver of Grounds of Inadmissibility
- Form I-212: Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable)
These waivers require demonstrating that refusing admission to your spouse would cause extreme hardship to the U.S. citizen or lawful permanent resident petitioner.
16. Military Considerations
If the petitioner is an active-duty member of the U.S. military, there may be special processing considerations. Active-duty military personnel may qualify for certain immigration benefits or expedited processing. Be sure to submit military service documents, such as:
- Copy of military orders
- Form DD-214: Certificate of Release or Discharge from Active Duty (if retired)
17. Cover Letter
Although not required, a cover letter summarizing the contents of your I-130 package is a good way to ensure your submission is organized and easy for USCIS to review. The cover letter should list all documents and forms included, along with explanations of any special circumstances.
Additional Tips for Submitting Your I-130 Petition
- Double-Check Your Documents: Ensure all documents are clear, legible, and up to date. Certified copies are essential for legal documents.
- Consistent Information: Ensure that all names, dates, and other information match across all forms and documents.
- Make Copies: Always make copies of everything you submit to USCIS. Keep copies for your records in case anything is lost or you need to reference your submission later.
- Submit in an Organized Manner: Assemble your petition in an orderly fashion. Use tabs or a cover letter to indicate the different sections, such as “Proof of Citizenship” and “Proof of Marriage.”
- Track Your Submission: If you are mailing your petition, use a trackable service like USPS certified mail or a courier service to ensure that it reaches USCIS.
Conclusion
Submitting the correct documents with your I-130 petition is crucial to avoid delays and ensure a successful outcome. Following this checklist will help you ensure that you meet all the USCIS requirements for proving your marriage is legitimate and your spouse qualifies for a green card.
If you have questions or need assistance preparing your petition, working with an experienced immigration attorney can help ensure that your application is complete and properly filed.
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