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US citizens and lawful permanent residents use Form I-130 to petition for close family members, such as spouses, children, and parents, to enter the U.S. and obtain green cards. Filing it accurately with all pertinent details will increase its chance of approval and avoid delays in the process. An experienced immigration attorney can ensure this form is completed accurately for maximum success with their citizenship and immigration services. Here are some critical steps to consider when filing a petition for a family-based green card.
Form I-130: A Step for Reuniting with Your Spouse in the U.S.
Form I-130 is a highly important step in bringing your spouse to the United States to live permanently. This form, filed by a lawful permanent resident or U.S. citizen, establishes the qualifying relationship between the petitioner and their foreign spouse.
Once the Form I-130 is approved, your spouse can adjust their status to that of a permanent resident or apply for an immigrant visa. The process needs detailed documentation to prove the legitimacy of your marriage, such as evidence of shared life, marriage certificates, and more. Approval of the I-130 is a big achievement toward reuniting with your spouse in the U.S. under a PR status.
Who Can File Form I-130?
A US citizen or lawful permanent resident can file Form I-130 on behalf of themselves and their immediate family, which consists of a spouse, minor children (under 21), parents, and any adopted children who fall within this criteria.
These cases will be evaluated on a priority basis when immigrant visas become available. If the petitioner is filing from outside of the country, they should use direct filing to submit their documents directly to the USCIS lockbox office serving their state of residence.
Form I-130 Required Documents for Spouse Immigration
Form I-130 is used to petition for a foreign spouse to become a U.S. citizen or permanent resident. The petitioner acts as the beneficiary. Answer all questions on this form truthfully and accurately.
Proof of Petitioner’s Adjust Status
Any U.S. citizen or lawful permanent resident (LPR) can sponsor close family members, particularly spouses, for green cards using Form I-130. Documentation to establish a relationship must also be included, along with meeting other requirements.
Beneficiary’s Passport
U.S. citizens and lawful permanent residents can sponsor spouses to come to the U.S. and obtain green cards. While this process can take time and be tedious, it can help reunite family members permanently in America.
Petitioners completing Form I-130 for their beneficiary must include information such as name, date of birth, valid passport or travel document number, and country of citizenship to create an electronic registration that CBP officers will use to decide if the beneficiary should be admitted into the United States or denied entry.
Additionally, the petitioner must affirm their understanding and swear to all facts contained within their petition. Furthermore, contact information must be provided, as well as the form’s signing; if an interpreter assists with filling out forms, then N/A should be written into this section of the form.
Affidavit of Support
An Affidavit of Support is required in some family-based visa categories to establish a sponsor’s financial ability to provide adequate support for an immigrant and avoid becoming a public charge. A sponsor must demonstrate they possess income and assets that exceed poverty guidelines; alternatively, they may seek a joint or substitute sponsor to meet requirements more efficiently.
The sponsor must sign the affidavit to certify its accuracy and authorize the release of their personal information to immigrants and USCIS/DOS for immigration-related purposes. If completing this form alone is too daunting, or you fear you might miss an important detail, consult an experienced immigration attorney; they can ensure your visa application gets off on an ideal path.
