Aug 15, 2024
Form I-130, Petition for Alien Relative, is a document used by U.S. citizens and lawful permanent residents to establish a qualifying relationship with an eligible relative who wishes to immigrate to the United States and request that an immigrant visa number be made available for that relative. This form is the first step in the family-based immigration process and, upon approval, it enables the relative to apply for an immigrant visa abroad or for adjustment of status in the U.S., if otherwise eligible.
Accurate and complete documentation further helps demonstrate the legitimacy of the familial relationship and the eligibility of the relative for immigration benefits.
In this blog post, we will go over the checklist to assist lawyers in gathering all necessary documents for the Form I-130 petition on behalf of their clients. We will outline methods to streamline the application process, ensuring that you as a lawyer provide all required evidence to support your clients' petitions effectively and help achieve your client's goals.
So without any further ado, let’s start with the documents required for I-130 form filing.
As a legal professional, you have to make sure that Form I-130 is accurately prepared and submitted with all necessary documents to establish the qualifying relationship between the petitioner and the beneficiary. To do that, simply gather proof of your client's status and marriage documents, complete Form I-130 (and I-130A for a spouse), and include evidence of a bona fide relationship along with required photos.
Include a copy of a U.S. birth certificate, passport, or naturalization certificate to prove the petitioner’s status. For lawful permanent residents, include a clear and legible copy of both sides of the Green Card (Form I-551) or other proof of permanent residence.
As mentioned above, you will also have to provide proof of relationship. Submit the marriage certificate as the legal document proving the marriage between the petitioner and the beneficiary.
Additionally, to demonstrate the marriage is bona-fide, which means it was entered into in good faith, with the intention of building a future together as spouses, and not only for immigration purposes, include documents such as joint bank account statements, lease or mortgage agreements, utility bills in both names, health and life insurance policies, photographs of the couple together over time, and birth certificates of children born into the marriage.
If the petitioner or beneficiary was previously married, provide divorce decrees or death certificates to prove that those marriages have been terminated.. This is essential for establishing that a legally valid marriage exists between the parties.
Besides the documents for the I-130 we have discussed above, you will also have to submit two recent passport-style color photos of both the petitioner and the beneficiary. These photos must adhere to the following specifications outlined by USCIS to avoid any delays or rejections:
The current filing fee for Form I-130 is $625 for online submissions and $675 for paper filings. Payments can be made via check or money order payable to the U.S. Department of Homeland Security, or by credit card using Form G-1450. Always verify the latest fee amount on the USCIS website to ensure correct payment.
Those are all the I-130 required documents for a spouse. Let’s now take a look at the supplemental ones.
When filing Form I-130, Petition for Alien Relative, it is important to help your client include comprehensive supporting documents to facilitate timely processing. A critical component of these documents is proof of any legal name changes by the petitioner or the beneficiary.
Submit official documents validating any legal name changes due to marriage, divorce, or other legal reasons:
Any documents not in English must be accompanied by certified English translations. The translations must be accurate and include a certification from the translator affirming their competence in both languages and the completeness and accuracy of the translation.
I-130 Required Documents for Children (I-130 for Parents Checklist)
Include a cover letter summarizing the petition and explaining unique circumstances. This prevents overlooked items and speeds up the review.
Before submitting, ensure all required documents are included by verifying each item against the USCIS I-130 document checklist. This avoids delays from missing information and prevents Requests for Evidence (RFEs).
Follow specific USCIS mailing instructions based on location and concurrent filing with Form I-485. Verify the latest instructions on the USCIS website. Include the correct filing fee and accepted payment method. For instance:
Track the status of the petition through the USCIS website. Upon submission, you will receive a receipt notice (Form I-797C) with a receipt number. Use this number to check your case status online or sign up for email or text updates. Monitoring the petition's status ensures timely responses to any USCIS requests or updates.
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Now that we have gone over the required documents for I-130 filing as well as the supporting documents for form I-130, you can ensure that your clients achieve the goals they have.
To wrap things up, following the I-130 checklist for spouses and the guidance we’ve provided should make preparing Form I-130 petitions a lot smoother, helping you avoid common pitfalls and speed up the process for your clients. With every document perfectly in place, you’re setting yourself up for success and making sure your clients have the best shot at a favorable outcome.
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