I-130, Petition for Alien Relative
If you or your foreign relative wants permanent residence (green card), you need to meet specific requirements to file your petition. Some may find that petition requirements for spouses are more exhaustive than any other relationship, but with the proper preparation, we promise this one can go smoothly as well.
The receipt for your approval of USCIS Form I-130, Petition for Alien Relative, that will lead you to the green card is to submit relevant supporting documents to evidence your relationship with the sponsor or beneficiary.
This is why we found it helpful to create an I-130 checklist to lead you through this process and submit clear evidence simply by following the checklist while preparing your petition.
As we already mentioned, the relationship between you and your spouse may have an additional layer of scrutiny by immigration officials because the U.S. Department of State and U.S. Citizenship and Immigration Services (USCIS) will pay extra attention.
The reason is that fraudulent marriages are often used to commit green card fraud. So be ready to file firm evidence because immigration officials will want to make sure your spouse obtains a green card based on a bona fide marriage and not for immigration purposes only.
This I-130 checklist will primarily show you how to fill USCIS the I-130 petition for spouses, but we will also provide you with some instructions on how to petition form I-130 for your parents.
As the process may be overwhelming, an immigration attorney can be an excellent choice to avoid some common mistakes that people make, which can cost them the lost opportunity to obtain a green card immigrant visa.
Herman Legal Group is a law firm with over 25 years of experience in immigration matters. You can call us for any immigration questions and have a consultation. In addition, to our clients, we are available 24/7 and offer you Zoom or Skype consultations.
I-130 Checklist for a U.S. Citizen Spouse- Review
Let’s have a short overlook of the I-130 checklist before the beginning of your I-130 petition.
We prepared this quick I-130 checklist of items that you’ll need to gain insight into how to fill out certain parts of the form.
Form I-130 contains nine parts and lots of questions, so let’s see what information you should prepare.
Petitioner’s Information
The petitioner of the I-130 form can have a status as a U.S. citizen or lawful permanent resident, and this person needs to file the petition, and depending on the reason, the proof of status will differ. A person who intends to become a permanent resident in the U.S. is called a beneficiary.
Form I-130 asks the petitioner to provide details about:
- Address history for the last five years
- Whether you were married before? (if applicable)
- Employment history for the past five years
- Whether you previously filed a petition for the beneficiary or any other foreigner?
Beneficiary’s Information
The beneficiary is the immigrant that wants to live in the United States and intends to apply for a green card.
In form I-130, the beneficiary will provide the following information:
- Address history for the last five years
- Whether you were previously married? (if applicable)
- Employment history for the past five years
- I-94 information (if he or she is currently present in the U.S.)
- Any previous immigration proceedings if there were some
As we mentioned earlier, when filing Form I-130 for your spouse, it’s essential to make a petition package complete with all of the supporting documents.
If the supporting documents attached to your petition don’t provide enough information, the USCIS may send you a Request for Evidence (RFE) which can take additional time and impact the processing time to approve your I-130 petition.
Form I-130, Petition for Alien Relative
Make sure to complete all of the required sections, and if you have any concerns or need any help with completing form I-130, don’t hesitate to contact us at +1-216-696-6170 for your consultation or request one through our online form. Don’t forget to sign the form.
Form I-130A, Supplemental Information for Spouse Beneficiary
Form I-130A is required only if the beneficiary is a spouse and not for parents. If your spouse is currently outside the United States at the moment of submitting the form, his or her signature is not obligatory.
Supporting Documents
When preparing supporting documents, you need to submit, ensure to include copies along with your I-130 petition, and keep original examples for yourself.
Then, follow the list to make sure you didn’t miss anything.
Passport Photos
Your petition will require two passport-style color photos of your and two passport-style color photos of your spouse. Do not attach to the petition package old photos since those shall be taken within 30 days of filing the petition.
If your spouse lives outside the United States, photos can be older, but it’s also highly advisable to provide the most recent ones.
Proof of U.S. Citizen Status or U.S. Permanent Residence
U.S. citizens can prove their citizenship by submitting a photocopy of a birth certificate (for U.S. citizens by birth), passport, naturalization certificate or certificate of citizenship, or consular report of birth abroad.
If you are a lawful permanent resident, you have to provide a photocopy of your green card (both sides of it) or other proof of permanent residence to prove your status.
Proof of Marriage
Your marriage certificate will prove that there is a relationship between you and your spouse. As stated earlier, submit a copy of your marriage certificate and keep the original since USCIS may keep provided papers
Evidence of a bona fide marriage
We cannot stress enough how much it is important to include supporting evidence to prove that you are married because you love each other, intend to live and stay together, and not evade U.S. immigration laws.
The bonafide relationship can be proven by submitting copies of documents that you have shared financial liabilities, assets, insurance, birth certificates of your children born into the marriage, or any other documents you think might demonstrate that your relationship is genuine.
Proof that any prior marriages are terminated
If either you or your spouse was previously married, just state ‘not applicable.’ Otherwise, make sure to submit a photocopy of documents showing that any prior marriage was legally terminated.
For this purpose, you can submit a photocopy of a divorce decree or death certificate, depending on why it was terminated.
If any of these documents are in a foreign language, provide translations. It doesn’t have to be certified, but the translator needs to be competent.
Name Changes
If applicable, provide a legally valid record of any name changes issued by the government.
Proxy Marriage
If you submitted a Proxy Marriage Certificate, you would have to prove that you both were physically present and together after the wedding ceremony. To prove this, use any hotel receipts, photographs, passport stamps, etc.
Form G-28
USCIS Form G-28, Notice of Entry of Appearance of Attorney or Representative, provides information about the eligibility of an attorney or other accredited representative to represent a client in an immigration matter before the U.S. Department of Homeland Security (DHS).
Cover Letter (optional)
U.S. Citizenship and Immigration Services (USCIS) does not require a cover letter along with Form I-130. However, a cover letter can help you explain and clarify the evidence that you are submitting.
Now, when you have your I-130 petition package complete, you need to submit your visa application at the proper USCIS lockbox facility. It will depend on whether your spouse lives outside the United States and whether you are filing Form I-485, or Application for Adjustment of Status, at the same time.
How to Complete the I-130 Form for Parents
If you want to bring your parents to the United States as green card holders, you must be a U.S. citizen and at least 21 years old. As you can see, as a lawful permanent resident, you cannot use this opportunity for your parents.
We won’t go through each question in the form applicable for parents and make the specific checklist, but if any questions arise, we remind you that you can book your consultations with Herman Legal Group.
However, we will note what essential documents to submit with Form I-130 for parents are.
Required Documents for Submission With Form I-130
- Proof of status– that you are a U.S. citizen who sponsors your parents. Make a copy of your birth certificate, naturalization certificate, passport, Form FS-20 (Report of Birth Abroad of a United States Citizen), or citizenship certificate.
- Proof that beneficiaries are your parents: Submit a copy of your birth certificate where your parents are listed. If you were adopted, make sure to include the adoption certificate. If you have step-parents, then file for marriage and birth certificate.
USCIS Filing Fee
A filing fee for the USCIS form I-130 is $535, no matter if you sponsor your spouse or your parents. You can pay via check or credit card at the U.S. consulate or Embassy.
Do I need an Immigration Lawyer to Get a green card?
While you can start the visa journey on your own following this checklist, an immigration attorney can be helpful from the very first beginning. Our immigration attorneys aim to get to know each client and be by their side at the beginning, middle, and end of the process.
You can call us for a consultation at +1-216-696-6170 or use our online form to request one, so we can discuss the best strategy to bring your spouse or your parents to the United States.
تعتبر عريضة الإلتماس لقريب أجنبي (نموذج I-130) إحدى الخطوات التي عليك المرور بها من أجل الحصول على إقامة عائلية دائمة أو بطاقة خضراء في الولايات المتحدة. و يتم إعتماد إستمارة I-130 من قبل المواطنين الأمريكيين أو المقيمين الدائمين من أجل تأسيس صلة مع المستفيد تجعله مؤهل للحصول على التأشيرة.
و بالرغم من إنتظام الخطوات التي عليك إتباعها، تعتمد فترة معالجة إستمارة على ظروف و عوامل أخرى. منها نوع العلاقة التي تجمع مقدم العريضة بالمستفيد و حجم القضايا التي تعمل عليها دائرة خدمات الجنسية والهجرة في الولايات المتحدة في ذلك الوقت و قدرتك على تقديم طلب I-130 متناسق و متكامل و بشكل صحيح. يمثل البيان التالي الخطوات الأساسية التي عليك إتباعها عند تقديم طلب I-130.
تعتبر مراحل الحصول على تأشيرة الزواج أكثر وضوحًا و أقل تكلفة مقارنة بتأشيرة الخطوبة K-1. ستقوم وزارة الخارجية الأمريكية بتقييم قضية الهجرة القائمة على الزواج و تصدر تأشيرة بعد الموافقة عليها. و تكون التأشيرة المتحصل عليها عبر هذه الطريقة بمثابة بطاقة خضراء مؤقتة.
و ستتمكن من السفر إلى الولايات المتحدة بفضل تلك التأشيرة ثم تقوم وزارة الخارجية بإرسال بطاقتك الخضراء عن طريق البريد بمجرد حصولك عليها. و إن كنت متزوج لمدة لا تتجاوز سنتين عند قدومك للولايات المتحدة، سيتم إذًا منحك بطاقة خضراء مشروطة قبل الحصول على بطاقة خضراء صالحة لمدة عشر سنوات و يتوجب عليك تقديم طلب إن كنت ترغب في إزالة الشروط.
و قد تكون إجراءات معالجة نموذج I-130 عريضة الالتماس لقريب أجنبي بطيئة بعض الشيء. ففي منتصف سنة 2020 إستغرقت دائرة خدمات الجنسية والهجرة بين 7 و 22 شهرًا من أجل معالجة هذه الإستمارة. ويعتمد طول المدة التي عليك انتظارها قبل القدوم للولايات المتحدة و إثر قبول دائرة خدمات الجنسية والهجرة طلب I-130 الخاص بك بالأساس على إن كان زواجك من مواطن(ة) أمريكي(ة) أو من مقيم(ة) دائم(ة) بالولايات المتحدة الأمريكية أو من حامل(ة) بطاقة خضراء.
إن كنت متزوج(ة) من مواطن(ة) أمريكي(ة) ستؤهل مباشرة كقريب بصفة مباشرة و ذلك يعني أن قضيتك ستتطلب الوقت الذي تستغرقه السلطات المعنية لمعالجتها فقط. ولا يتجاوز ذلك بالعادة مدة شهرين قبل أن يتم تحويل ملفك إلى مركز التأشيرات الوطني.
ثم يتوجب عليك الإنتظار لبعض الأشهر الإضافية قبل أن تقوم السفارة الأمريكية بتحديد موعد مقابلتك. و بالتالي قد تصل فترة الإنتظار بصفة عامة إلى 24 شهرًا.
و لكن من جهة أخرى إن كنت متزوج من مقيم دائم و شرعي بالولايات المتحدة فإذًا ليست لك الأولوية الفورية بل ستخضع لنظام الحصص.
إن كان زوجك أو زوجتك بصفته أو بصفتها مقيم(ة) شرعي(ة) دائم(ة) بالولايات المتحدة قد عاش برفقتك في بلد أجنبي لمدة تتجاوز 6 أشهر فعليك إستشارة محامي مختص للتأكد من أنه لم يتم إلغاء بطاقته أو بطاقتها الخضراء.
و بالرغم من أن تأشيرة الزواج CR-1 لن تستغرق أقل من 12 شهرًا فلها عدة مزايا كحصول المهاجرين على بطاقات إقامة دائمة بمجرد عبورهم حدود الولايات المتحدة.
و بإمكانهم الحصول على عمل و رقم ضمان اجتماعي و رخصة سياقة و السفر خارج حدود الولايات المتحدة. و من المفترض تلقي البطاقة الخضراء في غضون أسبوع من دخول الولايات المتحدة ويعتبر الطابع البريدي (I_551)و الختم على جواز السفر عند عبور الحدود دليل حصولك على البطاقة الخضراء.
لمعرفة مدة معالجة وتجهيز عريضة الإلتماس لقريب أجنبي (نموذج I-130) الحالية ومتابعة تغيراتها بإمكانك زيارة الموقع الرسمي لدائرة خدمات الجنسية والهجرة معرفة المزيد من التفاصيل في كل من الخمس مكاتب و مراكز الخدمات بنبراسكا و كاليفورنيا و بوتوماك و تكساس و فيرمونت.
Client: Nonimmigrant Temporary Visa Holder
Client’s Country of Origin: India
Case Type: I-130 Petition for Alien Relative; Marriage to US Citizen
Date of Application: July 2018
Date of Approval: February 2019
Our client, a citizen of India, was present within the US as an international student. During his study, he met a US citizen woman and fell in love. After some time, the couple united in marriage. The couple then was faced with adjusting our client’s nonimmigrant status, establishing their marital relationship, sponsoring our client for eligibility to become a lawful permanent resident—all before his student visa expires.
The couple consulted with Herman Legal Group counsel at the office located in Buffalo, New York. For timely purposes, they concurrently filed forms I-130 Petition for Alien Relative and I-485 Application to Adjust Status.
They provided a plethora of evidence in order to establish a bona fide marital relationship to avoid any hiccups in the process. Two months later, they were scheduled for their interview with USCIS officials. The couple proceeding to attend the interview and felt confident that all would go well and even brought many supporting documents to show the presiding officer.
Later that year, our clients received documents in the mail requesting more evidence in order to finalize the adjudication of their applications. The USCIS raised the issue that the couple did not supply valid documents regarding our client’s legal divorce in a prior marriage that occurred overseas in India.
The Service provided that, for specific religions, the US Department of State’s Visa Reciprocity Schedule for Indian states that certified copies of divorce decrees of Christian, Hindu, Parsi, and Sikh divorces must be obtained and supplied (for immigration purposes). Furthermore, a certificate from the Kazi, the Muslim religious leader, must be provided to document the divorce that occurred.
The Service basically concluded that because our client’s application did not include this very specific document, his previous marriage was not validly terminated, therefore he did not meet the requirements to show a legally terminated marriage to proceed with his current marital relationship that sponsors his visa application.
A great wave of turmoil engulfed our client: Why was my application denied when my previous marriage was in fact legally terminated? Why wasn’t I asked for this document at my interview? What happens now?
Attorney Richard Herman assisted with the matter—he addressed that our client and counsel were unaware of the specific information regarding the Visa Reciprocity Schedule was necessary to the original filing of the application, therefore it was inadvertently omitted. Attorney Herman also provided that our client had brought this certificate to the initial interview, but did not bring it to the attention of the officer as it was unrequested.
However, we then submitted to the Service a certificate from the Kazi establishing that the prior marriage was terminated under the laws of India. In addition, we also submitted supporting evidence, such as a notarized statement issued from the Kazi attesting to the validity of the certificate as well as an expert statement issued from a licensed attorney in India attesting to the validity of the divorce decree. Overall, our client’s application to adjust status was approved successfully and on time while remaining in legal status.
For couples who are already married and the United States’ citizen or lawful permanent resident spouse would like for their foreign-born spouse to apply for a “green card”, the first step to take is to file the Form I-130, Petition for Alien Relative.
Petitioning for the Foreign-Born Spouse
The first mandatory step to take to apply for your foreign-born spouse’s “green card” is for the United States (“U.S.”) citizen or lawful permanent resident (“LPR”) spouse to file the United States Citizenship and Immigration Services (USCIS) Form I-130, Petition for Alien Relative. This application (known as the “petition”) is what establishes the foundation for any qualifying relative to apply for a “green card” or lawful permanent residency status in the United States.
The Form I-130 is filed by the U.S. citizen or LPR spouse (“Petitioner”), together with the Form I-130A, Supplemental Information for Spouse Beneficiary, which is signed by the foreign-born spouse (“Beneficiary”). Together with these forms, you will need to submit supporting evidence that proves:
I-130 Petition for Alien Relative
- That the petitioner is a U.S. citizen or lawful permanent resident;
- The citizenship/nationality of the beneficiary;
- That both the petitioner and beneficiary are legally able to marry (i.e. divorce or annulment decrees or death certificate of how previous marriage terminated);
- Proof of the “bona fides” of the couple’s marriage: children’s birth certificates, joint bank accounts, life and/or health insurance, rental or lease agreements, income tax returns, photographs of the wedding and other joint activities, etc.)
Note: Based on a U.S. Supreme Court decision, Obergefell v. Hodges, same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses.
The current filing fee for the I-130 Petition is $535.00. There is no fee to file the Form I-130A as it is a required form to submit when filing for a spousal petition. It is always best to check the USCIS website to verify the current fee and to download the current Forms I-130/I-130A
Where the Forms I-130/I-130As packet will be sent depends on where the petitioner lives. If the petitioner lives in the United States, the Form I-130 packet should be filed at the Chicago or Phoenix Lockbox, depending where in the U.S. the petitioner lives and whether the beneficiary will be applying for his or her “green card” in the United States (“Adjustment of Status” process) or in his or her home country (“Consular” process). Visit the USCIS link for the filing address at https://www.uscis.gov/i-130-addresses
If the beneficiary is in the United States, is eligible to adjust their status to lawful permanent residency, and an immigrant visa is available, the I-130/I-130A packet can be concurrently filed with the USCIS Form I-485, Application to Register Permanent Residence or Adjust Status, to the designated address.
If the U.S. citizen petitioner and beneficiary reside overseas in a country where USCIS has an international office, the Form I-130 packet may be filed at the USCIS Chicago Lockbox facility. The address is located at the website link posted above.
The petitioner also has the option of filing the Form I-130 packet at the USCIS international office in the country where the petitioner and beneficiary reside. Check the website link for the USCIS international offices overseas at https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices
For a U.S. citizen petitioner and the beneficiary who live overseas in a country where USCIS does not have an international office, you may file for your foreign-born spouse at the U.S. Embassy or consulate that has jurisdiction over the country where you live only there are “exceptional circumstances” and the USCIS Field Office Director approves the processing of your Form I-130 packet.
Some examples of “exceptional circumstances” are:
- Military emergencies
- Medical emergencies
- Threats to personal safety
- Petitioner has recently become a U.S. citizen
- Short notice of job relocation
Note: Maybe provide a link to the Memo re: “Exceptional Circumstances”? Exceptional circumstances (PDF, 61 KB) I can send you the USCIS Memo if you think we should have it posted.
Applying for Your “Green Card”
Green Card Specimen
With the Form I-130/I-130A packet ready to file, the next steps that will follow will depend on whether the beneficiary can already apply for the “green card” and most importantly, the location of where the beneficiary can or will want to apply.
When a beneficiary can apply for the “green card” will depend on whether the petitioner is an LPR (a “green card” holder) or a U.S. citizen.
Petitioner is a Lawful Permanent Resident
A lawful permanent resident petitioning for their foreign-born spouse will first send their petitions to the USCIS for processing. Once approved the petitioner will receive a Form I-797, Notice of Action. On the Form I-797, a “Priority Date” will be noted and this is the date to track when an immigrant visa is available for the beneficiary.
The beneficiary falls under the “Family Preference” category, F2A, that also includes minor children (20 years old and below) of the beneficiary.
Under this category, the petitioner only files one Form I-130 and includes the minor child/ren in the form. The minor child/ren is considered a “derivative” of the beneficiary’s petition.
The waiting period for an F2A immigrant visa to be available depends on what country the beneficiary is from. Below is an example of the availability of immigrant visas for spouses and minor children of lawful permanent residents (F2A) for the month of May 2019. The dates signify the “priority dates” that is noted on the I-797 approval of the I-130 petition
F2A Immigrant Visa Waiting Period Example
Once you have your approval notice and you are a lawful permanent resident you can track the priority dates on a monthly basis at https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
Once the immigrant visa is available, then the application for the “green card” will have to be through “consular processing.” If the beneficiary of a lawful permanent resident is in the United States, please consult a qualified immigration attorney because there will be “red flag” issues such as presence in the U.S. without a valid immigration status and the subsequent issue of unlawful presence once the beneficiary returns to their home country for “consular processing”.
If the petitioner applies for naturalization and becomes a U.S. citizen, then the petition for the beneficiary is upgraded to that of an “immediate relative” and an immigrant visa is available immediately.
For the derivative child included in the beneficiary’s initial Form I-130, the naturalized U.S. citizen petitioner will have to file another I-130 petition for his or her minor child. Since the child is a minor when petitioning, the child will be categorized as an “immediate relative,” therefore, will have an immigrant visa available also.
For an “immediate relative” beneficiary who is in the United States, even if not in valid immigration status, the beneficiary may be able to adjust his or her status to that of a lawful permanent resident.
However, it is important to consult with a qualified immigration attorney to discuss any other immigration issues you may be concerned or if the beneficiary has any inadmissibility issues discussed in the Adjustment of Status section.
A spouse of a U.S. citizen is processed differently than a spouse of a lawful permanent resident. As stated above, a spouse of a U.S. citizen is considered an “immediate relative” and, therefore, does not have to wait in line for an immigrant visa.
There is an immigrant visa immediately available and depending on where the beneficiary spouse resides, he or she can either file an “adjustment of status” in the United States or “consular process” in his or her home country.