Many U.S. citizens and permanent residents of the United States get married to citizens of foreign countries. And if you are a U.S. citizen, who is looking forward to sponsoring your foreign-born spouse for a U.S. Green Card, you will have to file Form I-130, Petition for Alien Relative. If your spouse is currently within the United States, they may just file Form I-485 while you file Form I-130 and adjust their status to lawful status in America. As your spouse is your immediate relative, they can concurrently file Form I-485 and need not wait until the USCIS approves Form I-130, filed by you.
Form I-130, Petition for Alien Relative
You can prepare your Form I-130 using our online form preparation service and mail it to the USCIS. We provide all the required documents and also all the instructions customized for your case. Also, go through the Form I-130 instructions before filling out the form.
You can use a check or a money order to pay the form filing fee and applications submitted without the required fee will not be accepted. You must file this form along with copies of your birth certificate, U.S. passport, or proof of your citizenship status by providing your certificate of citizenship/naturalization, to demonstrate that you are a citizen of America. Similarly, you must also submit a copy of the beneficiary’s birth certificate and a copy of your certified marriage certificate, along with your immigrant petition.
Do not forget to attach a passport-style photo to your application. Moreover, you must also complete and submit Form G-325A, Biographic Information, along with Form I-130.
To prove that your marriage is bona fide, you need to submit documents to demonstrate that there is an ongoing marital union and you may submit copies of your child’s birth certificate or some other documents that show joint ownership, to prove that your marriage is not fraudulent.
Form I-864, Affidavit of Support
As a sponsor, you must also file Form I-864 and you need to file this form to affirm that you will financially sponsor the beneficiary.
Form I-485, Application to Register Permanent Residence or Adjust Status
At the same time, your spouse in the United States may file Form I-485, while you file Form I-130, for your spouse. The required form filing fee must be paid and your spouse may use a money order or a check to make the payment. Your spouse must file Form I-485 along with a copy of their passport, birth certificate, other supporting documents, and two passport-style photographs. They must also include Form G-325A and Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, with the application package.
After preparing your application package, you need to mail the package to the address that is listed on the form instructions page. USCIS will process your petition after checking it for accuracy.