For U.S. citizens willing to have their foreign spouse move to America and obtain a green card, this piece will give you a detailed of how you fill the Form I-130, The Petition for Alien Relative which is a significant element in the immigration procedure.
Before we go into the details, let’s look at the basics. Form I-130 is the first step in sponsoring your foreign-born spouse for a green card, you are the petitioner, and your spouse is the beneficiary.
1: Relationship
- Check the box labeled “Spouse” to indicate your relationship.
- These typically don’t apply to spousal relationships, so leave them blank.
- This mainly pertains to parent/child relationships. If you gained permanent residence through adoption, select “Yes,” but it’s usually not relevant here.
2: Information About You (Petitioner)
- As a U.S. citizen, you can enter “N/A,” even if you were once a lawful permanent resident.
- If you don’t have a USCIS Online Account Number, leave this field blank.
- Provide your Social Security Number.
- Enter your last name, first name, and middle name. If your name changed due to marriage, use your current name.
- Include any other names you’ve used.
- These are self-explanatory.
- Select your gender.
- Enter your mailing address. Notify USCIS if it changes.
- Provide your residential history.
- Indicate how many times you’ve been married.
- Your current marital status should be “married.”
- Enter the date of your marriage.
- Specify where you were married.
- Provide details about your spouse and any prior spouses if applicable.
- Answer questions about your parents.
- Select “U.S. citizen” and fill out the following questions if you are naturalized.
- Leave blank if you are a U.S. citizen.
- Detail your work history.
3: Biographic Information
Provide your biographical information accurately.
4: Information About Beneficiary
Now focus on your spouse, the beneficiary.
- Enter any previous Alien Registration Number.
- Leave blank if they have no USCIS Online Account Number.
- Skip this if they don’t have a Social Security Number.
- Enter their current name, using their married name if it has changed.
- include any other names used.
- These are self-explanatory.
- Provide information on prior visa petitions.
- Answer based on the beneficiary’s personal history.
- indicate the number of times your spouse has been married.
- The current marital status should be “married.”
- This should match the marriage date entered in Part 2.
- Specify where you were married.
- Provide information on prior spouses.
- List your children’s names and details.
- Answer “yes” if your spouse is currently in the U.S. or has been before.
- a: Specify their mode of entry.
- b: Obtain the I-94 number from CBP.
- c: Enter the date of entry.
- d: Specify when their legal stay expired.
- Provide passport or travel document numbers.
- Provide details about their current employer.
- Seek legal advice if they have been involved in Immigration Court proceedings.
- These apply to applicants from countries with non-ABC letters in their written language.
- Provide the last address you lived together or specify “Never lived together.”
- Consult with an attorney if your spouse is in the U.S. and plans to adjust status.
- if your spouse is not in the U.S., provide information about the consulate in their home country.
5: Additional Details
- Indicate if you’ve previously sponsored this immigrant or others.
- Address any concurrent submissions of petitions.
6: Petitioner’s Statement, Contact Information, Declaration, and Signature
Affirm your understanding and swear to the information in the petition. Provide your contact information and signature.
7: Interpreter’s Contact Information, Certification, and Signature
If an interpreter helped, they should complete this section.
8: Contact Information, Declaration, and Signature of Person Preparing This Petition if Other Than the Petitioner
If someone else helped you prepare this form, they need to fill out this section.
9: Additional Information
Use this section if you need more space for your answers.
Additional Forms and Documents
Besides Form I-130, you’ll need:
- Form I-130A: Additional biographical information about your spouse.
- Proof of U.S. Citizenship: Such as a birth certificate, passport, or naturalization certificate.
- Proof of Marriage: A copy of your marriage certificate and proof of any prior marriage terminations.
- Photos: Passport-style photos of both you and your spouse.
- Fees: As of 2023, the filing fee is $535. Check the USCIS website for the current fee.
- After gathering everything, you can file online or mail your packet to the appropriate USCIS office. Using certified mail with a return receipt is a good idea for added security.
Filling out Form I-130 accurately is vital for sponsoring your foreign-born spouse for a green card. Once submitted, you’ll receive a receipt notice and can track your petition on the USCIS website. Since immigration laws can change, consider consulting an attorney or checking the USCIS website for the latest updates. Good luck on your journey to reunite with your spouse in the United States!
