Form I-130 checklist

A Happy Reunited Immigrant Couple

The following is a checklist for an I-130 Petition for Alien Relative for a US citizen or Lawful Permanent Resident sponsoring an immediate relative or family preference alien to get a US green card.

As each case is unique the list is for reference only. The checklist assumes a US citizen wanting to bring her foreign spouse to the United States.

Other family relationships will need different documents to get the I 130 approved.

  1. USCIS current I-130 Form, Petition for Alien Relative.
  2. Copy of the birth certificate for the US Citizen, (front and back), or a copy of ALL pages of the US Citizen’s passport. A copy of a naturalization certificate or certificate of citizenship issued by USCIS or the former Immigration and Naturalization Services are also acceptable evidence of US citizenship.
  3. A copy of the marriage certificate, if applicable. If the ceremony was abroad, a copy of any relevant document to show that the marriage was lawful in the foreign country.
  4. Signed and dated USCIS form G-325A filled out by the US Citizen signed and dated.
  5. One passport size photo (in the prescribed form) of the US Citizen with the full name of the US citizen on the back.
  6. Signed and dated USCIS form G-325A filled out by the foreign spouse.
  7. One passport size photo (in the prescribed form) of the foreign spouse with the full name of the foreign spouse on the back.
  8. Acceptable evidence of a bona fide marriage – documents showing comingling of funds (trust with money), life insurance with either spouse as beneficiary, joint ownership of property, affidavits* from third parties with personal knowledge of the marriage relationship, pictures of the wedding ceremony, marriage certificate, birth of certificate of any children born to the marriage, and shared liability for household expenses.
  9. A copy of an earlier spouse’s death certificate or divorce decree if either spouse was married before.
  10. A check for the required USCIS fee. A check is preferable to money order.
  11. If any document is not in English, the original document must be submitted together with an English translation and certificate of translation by the translator.

*Note: Requirements for the affidavit.

Each affidavit should contain;

  1. the full name and address of the person making the affidavit,
  2. date and place of birth of the person making the affidavit,
  3. his or her relationship to the petitioner of beneficiary, if any,
  4. full details explaining how the person acquired his or her knowledge of your marriage,
  5. details of what he or she knows about the marriage.

Use numbered paragraphs and head the document AFFIDAVIT.

The affidavit must be signed and date before a notary public.

 

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Adjustment of status based on marriage

Adjustment of status is the process of applying for a green card (become a lawful permanent resident) by non-immigrants who are already in the United States. The applicants are not required to leave the United States and go through the hassle and delay of applying abroad.
An adjustment of status by USCIS is discretionary. Obtaining a green card is a privilege, not a right. USCIS will check the applicant’s immigration and criminal history carefully to decide if there are any obstacles (in-admissibility factors) that could prevent issuance of a green card. However, applicants married to a United States citizen may have some obstacles waved such as overstaying or earlier unauthorized work. Even if the applicant has a criminal history that could be an obstacle, he may be able to able to apply for a waiver. A waiver is a request that the immigration service “forgive” past criminal convictions or other obstacles.

What is adjustment of status?

Adjustment of status is the process of applying for a green card (become a lawful permanent resident) by non-immigrants who are already in the United States. The applicants are not required to leave the United States and go through the hassle and delay of applying abroad. An applicant seeking adjustment of status must have made lawful entry into the United States which means admission into the United States after inspection by an immigration officer.

Green card Petition

An adjustment of status application usually does not stand alone (except in diversity visa, asylum or refugee cases). It is based on a petition for an immigrant visa that is immediately available or a prior approved petition for an immigrant visa. The person who does this petition is usually an employer or a family member such as a spouse or parent. For applicants who have married a United States citizen, the green card application and the immediate relative petition can be filed at the same time and they do not need to await the approval of the petition.

Obtaining a green card is discretionary

An adjustment of status by USCIS is discretionary. Obtaining a green card is a privilege, not a right. USCIS will check the applicant’s immigration and criminal history carefully to decide if there are any obstacles (in-admissibility factors) that could prevent issuance of a green card.  However, applicants married to a United States citizen may have some obstacles waved such as overstaying or earlier unauthorized work. Even if the applicant has a criminal history that could be an obstacle, he may be able to able to apply for a waiver. A waiver is a request that the immigration service “forgive” past criminal convictions or other obstacles.

Is the marriage true and real?

The immigration services will also test (using the documents you send and the adjustment of status interview) whether there is a level of trust between the applicant and the United States citizen spouse that would be expected in a marriage. To prove trust in the application process the applicant and spouse must prepare documentary evidence of their marriage. To prove trust at the adjustment of status interview it is important that communication between husband and wife is open enough for them to answer questions about each other (spouse’s date of birth and income, the details of how the couple met) that an immigration officer may ask of the couple.

Adjustment of Status by marriage

 

 

 

 

 

 

 

 

 

 

Green Card Checklist – Documents you need to get

Documents that carry a lot of weight and credibility with the immigration services in proving a marriage follow. Any documents not in English must be translated into English for proper submission to the USCIS.

  1. Birth Certificate of both parties
  2. Marriage Certificates (If the marriage took place abroad, give a copy of the foreign law relied on to prove the marriage is valid in the foreign country.) 
  3. Divorce Decrees for any earlier marriages
  4. Passport – of the applicant
  5. AR-11, Arrival Departure Document
  6. Joint Obligations – Receipts showing join obligations for living expenses (lease, cable, utility bills, auto insurance) – applicant should make sure that accounts have both names.
  7. Joint Ownership of Property – Title that shows joint ownership of property – car title, deed
  8. Joint Management of Finances – Evidence of joint management of finances – joint bank account, life insurance, pension with spouse named as beneficiary. This is very important because it clearly indicates trust (people tend not to trust their money to strangers.)
  9. Photos of the Couple
  10. Wedding Invitations, wedding gift cards
  11. Wedding Photos – also photos from honeymoon, if any
  12. Correspondence addressed to either or both spouses at the same address
  13. Join Tax Returns and W-2s (last two)
  14. Spouse as Emergency Contact – Employment Letters from applicant and spouse on company letterhead and signed by an official of the firm, stating when employment began, salary, marital status, dependents claimed and whom to notify in case of emergency.
  15. The latest two pay stubs/statements.

This is merely an overview of adjustment of status. Please discuss the specifics of your case with a competent immigration attorney as complex legal issues may arise during adjustment of status.

Gary Goodin, Immigration Attorney

Copyright © 2011, the Immigration NavigatorTM

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K1 Visa Process – For K1 Visa Applicants

Once the USCIS approves the k1 visa petition it will then send it to the National Visa Center for forwarding to the proper consular post. Once the consulate receives the petition it will issue a letter to you stating that the consulate is ready to begin processing your k 1 visa application.

The Consulate will send you a set of document often called Packet 3 in order it to process your case. Sometimes the Consulate will not include the above forms. Rather it will send a letter with the applicant’s case number and a visa sheet with step by step instructions on how to go ahead. If this is the case the applicant can download the forms from the consulate website and return them to the Consulate.

A k-1 visa is a single entry visa that permits admission of the fiancé (e) of a U.S. citizen, as a non-immigrant for 90 days to marry that U.S. Citizen and apply for adjustment of status (a green card).  The minor unmarried children of the k1 beneficiary who go with or follow to join her are typically granted K2 visa status.

Wedding Bands

 

Approved Petition

Your K-1 process begins when your U.S. Citizen  fiancé(e) files Form I-129F on your behalf with the United States Citizenship and Immigration Service (USCIS) district office responsible for where he or she lives or intends to live (if U.S. citizen is abroad).

Notice of Action

Once your fiancé (e) has received a notice of action you should begin assembling the relevant documents to support your application as some documents may take much time to get.

Documentary Preparation

You should assemble the following documents in support of your application as some may take much time to get.

  1. Passport(s) valid for travel to the United States – for you and any dependent children accompanying or following to join you.
  2. Birth Certificate(s) – Obtain the original, certified copy of the birth record, or secondary evidence for each family member (yourself and all minor unmarried children) even if the children are not immigrating with you.
  3. Evidence of the end of earlier marriages – final divorce decree, annulment or death certificate.
  4. Police Certificates for each applicant aged 16 year and over. Obtain police certificates from the police authority where you live or any place where you have lived for 6 months since you have reached 16 years old.
  5. Proof of relationship to the petitioner – gather your letters, dated photographs showing you together as a couple, affidavits from people with person knowledge of the relationship, e-mails, telephone bills, documentation of wedding plans and invitations. Airline tickets, visa stamps and receipt for the engagement ring may also be used

You should give accompanying certified English translations of all documents not in English, or in the official language of the country in which application for a visa is made. The translation must include a statement signed by the translator that states that the:

(i)                 Translation is correct, and

(ii)               Translator is competent to translate.

Packet 3

Once the USCIS approves the petition it will then send it to the National Visa Center for forwarding to the proper consular post. Once the consulate receives the petition it will issue a letter to you stating that the consulate is ready to begin processing your k 1 visa application.

The Consulate will send you a set of document often called Packet 3 in order it to process your case. Sometimes the Consulate will not include the above forms. Rather it will send a letter with the applicant’s case number and a visa sheet with step by step instructions on how to go ahead. If this is the case the applicant can download the forms from the consulate website and return them to the Consulate. In Packet 3 should find:

  • K1 Visa Checklist Form IV-15
  • Form DS-230 Part I (Biographic Data) – You must complete and return this form immediately for the Consulate to process your case. Each person applying for a visa must complete biographic data Form DS-230- Part I, regardless of age. You may photocopy the form you received insufficient copies for each family member.
  • Form DS-156 in duplicate (non-immigrant visa application). If your unmarried children under 21 are accompanying you, two copies of Each Child must complete Form DS-156. Please do not sign this form. You must sign it in front of the consular officer on the day of your formal interview.
  • Form DS-156K in duplicate (Non-immigrant Fiancé (e) Visa Application). Please do not sign this form. You must sign it in front of the consular officer on the day of your formal interview.
  • Form DS-157 in duplicate (Supplemental Non-Immigrant Visa Application) – only required for men aged 16-45
  • Information sheet DS-2000 (Lists evidence which you or your fiancé (e) may present to meet the public charge provision of the law). Your fiancé (e) may file Form I-134 with supporting documentation.
  • Sometimes the Consulate will send information about scheduling a Medical Examination at this time.

Complete and send back the following forms to the Consulate:

  • Form DS-230-I (Part I only) for each person applying for a visa, regardless of age
  • Leave unsigned Forms DS-156
  • Leave unsigned Forms DS-156K
  • Form DS-157 (if applicable)
  • Form IV-15 -if required documents are already prepared.

If not already done so, assemble the relevant documents required in support of your application, and mark the documents off on Form IV-15 as you collect them. Do not send these documents to the Consulate.

Sign and date Form IV-15 and forward to the Consulate.

Packet 4

Upon receipt of the above documents, the Consulate will continue any extra processing and tell you about the scheduling of the medical interview and the appointment for the formal visa interview.

Schedule and have the Medical Examination. Arrange for a medical examination with one of the physicians listed on the attached visa instruction. You are responsible for the cost of the examination. A medical examination is also required for each child who will go with you.

Photographs – take Two (2) 2 x 2 Photographs for each applicant according to the specifications on the visa instruction sheet.

Attend scheduled interview with all your unmarried children under 21. Bring supporting documents such as evidence of your relationship to your U.S. citizen fiancé (e), two photographs for each applicant, birth certificates and final divorce decree if any to the k1 visa interview.

If approved, the Consulate may need you to pick up the passport with the visa from the Consulate later.

Sealed Packet – Do Not Open

Consular Officer will give you your passport(s) containing the K-1 visa (K-2) and a sealed packet containing the civil documents you provided, plus other documents prepared by the U.S. Consulate. It is important that you do not open the sealed packet. Only the DHS immigration official should open this packet when you enter the United States.

K1 Visa Validity

Do not finish arrangements for travel to the United States, dispose of properties, or quit your job until the consulate delivers the passport(s) with the k 1/k2 visas to you. A k1 visa is generally valid for six months. You must travel and apply for admission to the United States within that six month window.

After admission on your k1 visa you have 90 days to get married to your U.S. citizen  fiancé (e) or leave the United States. The DHS will issue an entry document (Form I-94) to you (the  k1 fiancé(e)) valid for 90 days. If you marry within 90 days, you can can apply to adjust your status to that of a lawful permanent resident (green card holder) through the filing of a Form I-485.

Gary Goodin, Immigration Attorney

Copyright © 2011, the Immigration NavigatorTM

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What is K3 Visa?

The LIFE Act of 2000, allows an alien who
1. has a valid marriage to a U.S. citizen (husband or wife) and who is
2. the beneficiary on Form I-130, Petition for Alien Relative, and
3. the beneficiary of an approved petition on Form I-129F, Petition for Alien Fiancé(e),
admission into the United States as a K3 non-immigrant to adjust to immigrant status (get a green card) while inside the United States. The K3 visa is different from the K1 visa in that the K1 alien is merely engaged to marry a U.S. Citizen and is seeking admission as a non-immigrant K1 to get married in the United States and adjust to immigrant status (green card).

The LIFE Act of 2000, allows an alien who

  1. has a valid marriage to a U.S. citizen (husband or wife) and who is
  2. the beneficiary on Form I-130, Petition for Alien Relative, and
  3. the beneficiary of an approved petition on Form I-129F, Petition for Alien Fiancé(e), 

 admission into the United States as a K3 non-immigrant to adjust to immigrant status (get a green card) while inside the United States. The K3 visa is different from the K1 visa in that the K1 alien is merely engaged to marry a U.S. Citizen and is seeking admission as a non-immigrant K1 to get married in the United States and adjust to immigrant status (green card).

Wedding Photo - US Citizen bride

 

 

 

 

 

 

 

Avoids long wait abroad. Prior to the passage of the LIFE Act the spouse of a U.S. citizen who resides abroad had to wait for the length of time it took to process an immigrant visa which could be a year or more in some cases.

Derivative  K 4 status for children. The dependent children of the spouse of a U.S. citizen with an approved I-129F petition, who are accompanying or following to join their K 3 parent get admission on K 4 derivative status.

Admission for 2 years.  K 3 non-immigrants are initially admitted for a 2 year period. Extensions of stay are available for K3’s whose adjustment of status is not complete.

Employment in the United States. K-3/K-4 aliens must apply to USCIS for a document evidencing employment authorization using Form I-765.

Termination of K3/K4 status. K3/K4 status automatically terminates 30 days after

 (i) The denial or revocation of the Form I-130 petition;

 (ii) The denial or revocation of the immigrant visa application (Forms DS-230) filed by the alien;

 (iii) The denial or revocation of the alien’s application for adjustment of status (Form I-485) to that of lawful permanent residence;

 (iv) The K-3 spouse’s divorce from the U.S. citizen (final judgment);

 (v) The marriage of an alien in K-4 status.

 The K-4 status also ends with the denial of any of these petitions or applications for a K-3 parent.

Nevertheless, a denial or revocation of a petition or application is not effective unless you have exhausted the administrative appeal applicable to your application or petition.

Attorney Gary D. Goodin, for Immigration Navigator

Copyright © 2011, the Immigration Navigator

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