What is Form I-130A?
Form I-130A, also known as the “Supplemental Information for Spouse Beneficiary,” is a crucial document required by the U.S. Citizenship and Immigration Services (USCIS). It is used to gather additional information about the foreign spouse seeking a green card through marriage. This form helps USCIS verify the marriage and the details provided in the main Form I-130, Petition for Alien Relative.
This form is about the spouse beneficiary’s statement, where they will detail the past 5 years of their residential and employment history as well as biographical information about their parents. This form is very important in the immigration process as it helps USCIS to verify the marriage.
Who Needs to Fill Out Form I-130A?
If you are a foreign spouse of a U.S. citizen or a lawful permanent resident, you will need to complete Form I-130A. This form provides biographical details and other essential information about the spouse being sponsored for a green card. While the main I-130 petition is filed by the U.S. citizen or permanent resident spouse, Form I-130A is filled out by the beneficiary spouse to provide additional personal and background information. If the spouse lives abroad, they still need to complete Form I-130A, but they are not required to sign it.
Form I-130A replaces the old G-325A form. The principal I-130 petition is filed by the U.S. citizen or lawful permanent resident spouse but Form I-130A gathers biographical information about the immigrant spouse to help USCIS in their investigation of the beneficiary.
How to get the I-130A Form
You can easily download Form I-130A for free from the USCIS website. Just go to the “Forms” section and search for “I-130A.” While the form itself is free, there will be a filing fee when you submit it, usually alongside the I-130 form.
Sections of Form I-130A
Part 1: Information About You
This section is for the immigrating spouse (beneficiary) to fill in basic information such as full name, date of birth, nationality, address history for the last 5 years, and information about their parents. It is also required to provide evidence of joint tenancy at the same address. This section must be completed accurately as it provides USCIS with biographical data.
Part 2 and Part 3: Employment Information
These sections are about the beneficiary’s employment history inside and outside the United States. Even if the beneficiary has been unemployed, self-employed or a student, this information must be provided to give USCIS a complete picture of their activities for the last 5 years.
Part 4: Spouse Beneficiary’s Statement, Contact Information, Certification and Signature
How did you understand the form? Did you read it in English with the help of an interpreter or someone else prepared it for you based on your information? You are responsible for the information on the form and should not let someone else prepare it for you without your input. You must also enter your phone number and ways to reach you electronically.
Part 5: Interpreter’s Contact Information, Certification and Signature
If an interpreter helped you complete the form, they must enter their name, contact information, and signature, swearing they read all the questions and made sure the beneficiary understood the questions and the answers given.
Part 6: Preparer’s Information
If someone else, like an attorney or paralegal, helped prepare the form, their information and signature should be included here.
Part 7: Additional Information
Use this section for any extra information that did not fit in the previous sections. Be sure to reference all additional entries clearly.
When to Sign the I-130A
The spouse beneficiary must generally sign the I-130A. The signature means the information is accurate and true. However, there are situations where the beneficiary does not need to sign the form:
- Beneficiary is in the United States: If the spouse beneficiary is physically present in the U.S. at the time of filing, they must sign and date the I-130A. This is to confirm the information is correct and to meet USCIS requirements.
- Beneficiary is Outside the United States: If the spouse beneficiary is abroad, they do not need to sign the I-130A. In this case, the sponsoring spouse can submit the unsigned form to USCIS. This exception is made because it is impractical to get a signature from someone living in another country.
Ensure all sections are completed accurately and the required signatures are signed. Failure to comply with these requirements can result in delays or denials.
Common Mistakes to Avoid
Filling out the I-130A is simple, but it is easy to make mistakes that can delay your application or even get denied. Here are some:
- Incorrect or Missing Information: Review all your entries. Mistakes in names, dates, or addresses can cause delays or denials.
- Lack of Supporting Documents: Ensure to attach all required documents, such as proof of relationship, when submitting the form.
- Not Signed: An unsigned form is an incomplete form to USCIS. Always sign where required.
Submitting the Form
After completing Form I-130A, it is usually submitted with Form I-130. You may need to attach documents like your marriage certificate and identification documents.
The submission address varies depending on your situation but generally mailed to a USCIS lock box. Check the USCIS website for detailed submission instructions. If filing I-130/I-130A alone (without I-485), you can file online.
What Happens After Submission?
- Receipt Notice: You will receive a Form I-797C, confirming your application was received. Save this notice as you will need it.
- USCIS Online Account: If you haven’t done so already, create an online account so that you can receive all future communication from USCIS on time and to facilitate submission of additional information to USCIS if needed.
- Interviews and Requests for Additional Information: USCIS may request additional documents or clarifications. In some cases, if both parties are in the U.S., the U.S. citizen and the spouse being sponsored may be called for an interview. Always respond to USCIS inquiries promptly and accurately to avoid delays.
Filing U.S. immigration can be overwhelming but knowing how to fill out the I-130A form can make it easier. This form is part of the puzzle when sponsoring a spouse for a green card. It gives USCIS more information about the beneficiary spouse and speeds up the process.
By avoiding mistakes, including all required documents, and knowing what to expect, you will be more ready for approval. If you have challenges or more complex situation, don’t hesitate to consult an immigration attorney.
Processing Time and Checking Status
I-130A processing time is the same as I-130, which is 7-13 months. Processing time may vary depending on the service center where your case is being processed. You can check the latest USCIS processing times on the USCIS website and the status of your I-130 application through the Case Status Tracking Tool.
I-130A Checklist
While Form I-130A doesn’t require submission of any documents independently, the following must be attached to your I-130:
- Copy of your marriage certificate
- Evidence of termination of prior marriages (if applicable)
- Joint ownership of property
- Joint tenancy of a common residence lease
- Combined financial resources
- Birth certificates of children born to you and your spouse
- Affidavits from third parties with personal knowledge of your marriage, including:
- Full name and address of the person making the affidavit
- Date and place of birth of the person making the affidavit
- Full information and details of how the person acquired knowledge of your marriage
- Any other relevant documents to prove an ongoing marital union
What’s Next?
After USCIS approves your I-130, the next steps depend on whether the spouse is in the U.S. or abroad:
- In the U.S. on a valid visa: They can file Form I-485 (Adjustment of Status) to apply for permanent residency and get a green card if they are otherwise eligible for adjustment of status. Some spouses in the U.S. can file I-130 and I-485 concurrently without waiting for I-130 approval.
- Outside the U.S.: They must file Form DS-260 (Immigrant Visa and Alien Registration Application) to obtain a visa for U.S. entry.
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