For U.S. citizens willing to have their foreign spouse move to America and obtain a green card, this piece will provide detailed instructions on how to fill out the Form I-130 Petition, 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 Petition 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 irrelevant 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
To provide biographic information for immigration purposes, applicants typically need to complete a specific form that gathers extensive personal details. Here’s a summary of the key components and considerations when filling out the biographic information required by U.S. Citizenship and Immigration Services (USCIS):
Key Components of Biographic Information
- Personal Identification
- Full Name: Include family name, first name, and middle name (if applicable).
- Date of Birth: Format as mm/dd/yyyy.
- Citizenship/Nationality: Indicate your nationality.
- File Number: If applicable, include your Alien Registration Number.
- Names Used
- List all other names used, including maiden names and names from previous marriages.
- Birth Information
- Provide the city and country of birth.
- Family Information
- Details about parents: Full names, dates of birth, and places of birth.
- Current spouse’s information: Full name, date of birth, place of birth, date and place of marriage.
- Former spouses (if any): Include similar details as for the current spouse.
- Residence History
- List addresses for the last five years in reverse chronological order (most recent first), including city, province/state, country, and dates of residence.
- Employment History
- Provide employment details for the last five years, including employer names and addresses, job titles, and dates of employment.
- Application Connection
- Indicate the application or petition this biographical information is related to (e.g., naturalization).
Filling Out the Form
- Ensure that all answers are typed or printed clearly in black ink.
- Use “N/A” for questions that do not apply to you.
- Be thorough but accurate; incomplete or incorrect information can delay processing or lead to denials.
Important Considerations
- The biographic information form is crucial for verifying identity and background during the immigration process.
- As of early 2017, Form G-325A was no longer required for most applications; however, applicants may still need to provide similar information through other forms depending on their specific circumstances.
- It is advisable to consult with an immigration attorney if you encounter difficulties or have questions about completing your application.
By carefully preparing this biographic information, applicants can help ensure a smoother process in their quest for immigration benefits in the United States.
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
When completing immigration forms, particularly those related to family-based petitions such as Form I-130 (Petition for Alien Relative), the section for the Petitioner’s Statement, Contact Information, Declaration, and Signature is crucial. This section provides essential information about the petitioner (the U.S. citizen or lawful permanent resident) and affirms the authenticity of the application. Here’s a detailed breakdown of what to include in this section:
1. Petitioner’s Statement
The petitioner must provide a statement affirming their relationship to the beneficiary (the individual seeking a green card). This statement typically includes:
- Relationship Confirmation: A clear declaration of the relationship to the beneficiary (e.g., spouse, child, sibling).
- Intent: An affirmation that the marriage or familial relationship is genuine and not entered into for the purpose of evading immigration laws.
Sample Statement:
“I, [Petitioner’s Full Name], am filing this petition for my [relationship to beneficiary, e.g., wife, child], [Beneficiary’s Full Name], and affirm that our relationship is genuine.”
2. Contact Information
The petitioner must provide accurate contact information, which usually includes:
- Address: Current residential address (street address, city, state, ZIP code).
- Phone Number: A reliable phone number where the petitioner can be reached.
- Email Address: An email address for communication regarding the petition.
Example Format:
- Address: 123 Main Street, Apt 4B, Springfield, IL 62701
- Phone Number: (555) 123-4567
- Email Address: petitioner@example.com
3. Declaration
This section is a formal declaration that all information provided in the petition is true and correct to the best of the petitioner’s knowledge. It often includes:
- A statement indicating that the petitioner understands the penalties for providing false information.
- A reminder that providing incorrect or misleading information can lead to denial of the petition or other legal consequences.
Sample Declaration:
“I declare under penalty of perjury that I have read this petition and that all of my statements are true and correct.”
4. Signature
The petitioner must sign and date the form in this section. The signature serves as a legal affirmation of all statements made in the application.
Important Points to Remember:
- The signature must be handwritten; electronic signatures are typically not accepted unless specified.
- The date should be filled in as the date when the petitioner signs the form.
Example Format:
text___________________________
[Petitioner's Signature]
Date: _______________
7: Interpreter’s Contact Information, Certification, and Signature
When filing immigration forms that require the assistance of an interpreter, such as Form I-130 (Petition for Alien Relative) or other USCIS applications, it is essential to include a section for the Interpreter’s Contact Information, Certification, and Signature. This section ensures that any translations provided are accurate and that the interpreter is qualified to assist. Here’s how to properly complete this section:
1. Interpreter’s Contact Information
The interpreter must provide their contact details to ensure USCIS can reach them if necessary. This information typically includes:
- Full Name: The interpreter’s complete name.
- Address: The interpreter’s residential or business address (street address, city, state, ZIP code).
- Phone Number: A reliable phone number where the interpreter can be contacted.
- Email Address: An email address for communication purposes.
Example Format:
- Full Name: John Doe
- Address: 456 Elm Street, Suite 200, Anytown, CA 90210
- Phone Number: (555) 987-6543
- Email Address: johndoe@example.com
2. Interpreter’s Certification
The interpreter must certify that they are fluent in both English and the language used by the applicant or petitioner. This certification typically includes:
- A statement confirming that the interpreter has translated all information accurately and completely.
- An affirmation that they are competent to translate and interpret for the applicant or petitioner.
Sample Certification Statement:
“I certify that I am fluent in English and [language used by applicant/petitioner] and that I have accurately translated this document for [Applicant’s Full Name]. I understand that providing false information may have legal consequences.”
3. Interpreter’s Signature
The interpreter must sign and date the form in this section. The signature serves as a legal affirmation of their certification and the accuracy of the translation.
Important Points to Remember:
- The signature must be handwritten; electronic signatures are typically not accepted unless specified.
- The date should reflect when the interpreter signed the document.
Example Format:
text___________________________
[Interpreter's Signature]
Date: _______________
8: Contact Information, Declaration, and Signature of Person Preparing This Petition if Other Than the Petitioner
When submitting immigration forms, such as Form I-130 (Petition for Alien Relative), it’s important to include a section for the Contact Information, Declaration, and Signature of the Person Preparing This Petition if Other Than the Petitioner. This section is necessary if someone other than the petitioner (the U.S. citizen or lawful permanent resident) assists in preparing the petition. Here’s how to properly complete this section:
1. Contact Information of the Preparer
The individual preparing the petition must provide their contact details to ensure USCIS can reach them for any questions or clarifications. This information typically includes:
- Full Name: The preparer’s complete name.
- Address: The preparer’s residential or business address (street address, city, state, ZIP code).
- Phone Number: A reliable phone number where the preparer can be contacted.
- Email Address: An email address for communication purposes.
Example Format:
- Full Name: Jane Smith
- Address: 789 Pine Avenue, Apt 3C, Hometown, NY 10001
- Phone Number: (555) 654-3210
- Email Address: janesmith@example.com
2. Declaration
The preparer must include a declaration affirming that they have assisted in preparing the petition and that all information provided is true and correct to the best of their knowledge. This declaration typically includes:
- A statement confirming that they have reviewed the petition and that it reflects the petitioner’s intentions accurately.
- An acknowledgment of the legal implications of providing false information.
Sample Declaration Statement:
“I declare under penalty of perjury that I have prepared this petition at the request of the petitioner and that all statements made in this petition are true and correct to the best of my knowledge.”
3. Signature
The preparer must sign and date the form in this section. The signature serves as a legal affirmation of their declaration and the accuracy of the information provided.
Important Points to Remember:
- The signature must be handwritten; electronic signatures are typically not accepted unless specified.
- The date should reflect when the preparer signed the document.
Example Format:
text___________________________
[Preparer's Signature]
Date: _______________
9: Additional Information
When filing for a green card, particularly through family or marriage, the Additional Information section is crucial for providing any extra details that may not be covered in the main forms. This section allows applicants to clarify or expand upon information relevant to their application. Here’s how to effectively complete this section:
1. Purpose of Additional Information
The Additional Information section serves several purposes, including:
- Clarification: To provide explanations for any discrepancies or complex situations in the application.
- Supplementary Details: Include any additional facts that support the applicant’s case.
- Addressing Questions: To respond to any specific questions or prompts from USCIS regarding the applicant’s background or circumstances.
2. Common Situations for Additional Information
Applicants might need to provide additional information in various scenarios, such as:
- Prior Immigration History: If there have been previous visa applications, denials, or immigration violations, it’s important to explain these circumstances.
- Criminal History: If the applicant has any criminal record, they should disclose this and provide context.
- Marital History: For applicants who have been married before, details about previous marriages and their termination should be included.
- Changes in Personal Circumstances: If there have been recent changes in employment, address, or family status that affect the application.
3. How to Format Additional Information
When providing additional information, clarity and organization are key. Here are some tips:
- Numbered or Bulleted Lists: If applicable, use lists to make information easier to read and understand.
- Use Clear Headings: Label each piece of additional information clearly (e.g., “Prior Immigration History,” “Criminal Record”).
- Be Concise but Detailed: Provide enough detail to clarify the situation without being overly verbose.
Key Steps for Obtaining a Green Card Through Family/Marriage
Acquiring a green card through marriage or family ties to a U.S. citizen or lawful permanent resident involves a structured process that can vary slightly based on the specific circumstances of the applicants. Below are the essential steps involved in this process.
1. Marry a U.S. Citizen or Lawful Permanent Resident
The initial step is to enter into a legally valid marriage with a U.S. citizen or lawful permanent resident. This marriage must be genuine and not solely for immigration benefits, as USCIS closely scrutinizes the legitimacy of marriages14.
2. File Form I-130 (Petition for Alien Relative)
Once married, the U.S. citizen or lawful permanent resident spouse must file Form I-130 with USCIS. This form serves to establish the marital relationship and prove its authenticity. Along with the I-130, supporting documents such as the marriage certificate, proof of citizenship or residency, and evidence of a bona fide marriage (like joint bank accounts or photos together) must be included.
Key Documents for Form I-130:
- Marriage certificate
- Proof of U.S. citizenship or lawful permanent residency (e.g., birth certificate, passport)
- Evidence of joint financial responsibilities (e.g., joint leases, bank statements)
- Any divorce decrees from previous marriages (if applicable)
3. Adjustment of Status or Consular Processing
Depending on whether the applicant is in the U.S. or abroad, they will follow one of two paths:
- Adjustment of Status (Form I-485): If the applicant is currently in the U.S., they can apply to adjust their status to that of a permanent resident using Form I-485. This includes submitting additional documents such as medical examination results and an Affidavit of Support (Form I-864) to demonstrate financial capability.
- Consular Processing (Form DS-260): If the applicant is outside the U.S., they must go through consular processing by filing Form DS-260 after receiving approval for their I-130 petition. This involves submitting various documents and attending an interview at a U.S. embassy or consulate.
4. Attend the Green Card Interview
After processing the application, USCIS will schedule an interview for both spouses to assess the authenticity of their relationship. Questions may cover their relationship history, daily activities, and plans together.
5. Conditional Permanent Resident Status
If approved, the applicant will initially receive a conditional green card valid for two years if married for less than two years at the time of approval. To remove these conditions and obtain an unconditional green card, both spouses must file Form I-751 within 90 days before the card expires.
6. Naturalization (Optional)
After holding a green card for a certain period (typically three years if married to a U.S. citizen), individuals may apply for U.S. citizenship through naturalization if they meet all eligibility requirements.
Additional Forms and Documents
Besides Form I-130 Petition, 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 your packet online or mail it to the appropriate USCIS office. Using certified mail with a return receipt is a good idea for added security.
Filling out the Form I-130 Petition 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!
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