United by Green Cards: Insights from F2A Spouses and Children

Applying for a green card in the F2A category involves a multi-step process. Here is a general overview of the steps involved:

• Eligibility:
  • The sponsoring spouse (green card holder) must be eligible and in lawful permanent resident status.
  • The beneficiary (spouse or unmarried child under 21) must be eligible as the family member of a green card holder.
• File Form I-130, Petition for Alien Relative:
  • The sponsoring green card holder must file Form I-130, Petition for Alien Relative, on behalf of the beneficiary. This form establishes the qualifying family relationship.
  • Include all required supporting documents, such as proof of the family relationship, marriage certificate, and other relevant evidence.
• Wait for Approval:
  • USCIS will process the I-130 petition. Once approved, the case will be forwarded to the National Visa Center (NVC).
• National Visa Center (NVC) Processing:
  • The NVC will inform the petitioner when the case is about to be processed and will request additional documentation and fees.
• Affidavit of Support:
  • The sponsoring green card holder will need to submit an Affidavit of Support (Form I-864) to demonstrate their ability to financially support the beneficiary.
• Visa Application:
  • Once the case is documentarily complete at the NVC, it will be forwarded to the U.S. embassy or consulate in the beneficiary’s home country.
  • The beneficiary will then apply for an immigrant visa.
• Medical Examination and Interview:
  • The beneficiary will undergo a medical examination and attend a visa interview at the U.S. embassy or consulate.
• Visa Issuance:
  • If approved, the beneficiary will receive an immigrant visa on their passport.
• Travel to the U.S.:
  • Upon receiving the immigrant visa, the beneficiary can travel to the United States.
• Green Card Processing:
  • After arrival in the U.S., the green card holder will receive their actual green card by mail.

It’s crucial to keep in mind that the immigration process and requirements may change, so it is advisable to check the official USCIS website or consult with an immigration attorney for the most up-to-date and accurate information.

Form I-130 checklist of documents

When filing Form I-130, Petition for Alien Relative, it’s important to include the necessary supporting documents to establish the qualifying family relationship. Here’s Form I-130 checklist of documents commonly required for the petition:

• Form I-130:
  • Completed and signed by the sponsoring petitioner.
• Filing Fee:
  • Include the appropriate filing fee. Check the USCIS website for the current fee amount.
• Proof of Petitioner’s Status:
  • Copy of the green card (both sides) or other evidence of U.S. citizenship or lawful permanent resident status of the petitioner.
• Proof of Relationship:
  • Marriage certificate for spousal petitions.
  • Birth certificates for child petitions.
• Proof of Name Change (if applicable):
  • If either the petitioner or beneficiary has changed their name, include legal documentation such as a marriage certificate, divorce decree, or court order.
• Passport-sized Photos:
  • Provide passport-sized photos of the petitioner and beneficiary.
• Proof of Termination of Previous Marriages (if applicable):
  • If either the petitioner or beneficiary was previously married, provide evidence of the termination of those marriages, such as divorce decrees or death certificates.
• Affidavit of Support (Form I-864):
  • The sponsoring petitioner must submit an Affidavit of Support to demonstrate their ability to financially support the beneficiary.
• Supporting Financial Documents:
  • Tax returns (Form 1040) for the most recent tax year.
  • W-2 or 1099 forms.
  • Pay stubs or employment verification letter.
• Proof of U.S. Domicile (if applicable):
  • If the petitioner resides outside the United States, provide evidence of intent to establish a domicile in the U.S.
• G-325A, Biographic Information (if applicable):
  • This form provides biographical information about the petitioner and is required in some cases.
• Evidence of Bona Fide Marriage (for spousal petitions):
  • Wedding photos, joint bank account statements, joint property ownership documents, etc.
• Translations:
  • If any documents are not in English, include certified translations.
• Cover Letter:
  • A cover letter summarizing the contents of the petition package can be included for clarification.

It’s crucial to refer to the most current version of the USCIS instructions for Form I-130 and carefully follow the requirements outlined. Additionally, be aware that the documentation requirements may vary depending on the specific circumstances of the petitioner and beneficiary. If there are any uncertainties, it’s advisable to consult with an immigration attorney for guidance.

How to complete Form I-130

Completing Form I-130, Petition for Alien Relative, involves providing accurate and detailed information about both the petitioner (the U.S. citizen or permanent resident filing the petition) and the beneficiary (the foreign family member seeking immigration benefits). Here is a step-by-step guide on how to complete Form I-130:

• Download the Form:
  • Obtain the latest version of Form I-130 from the official U.S. Citizenship and Immigration Services (USCIS) website.
• Read the Instructions:
  • Before starting to fill out the form, carefully read the instructions provided with Form I-130. The instructions provide essential information on how to complete each section.
• Part 1: Information About You (Petitioner):
  • Provide your personal information, including your full name, date of birth, U.S. address, and contact details.
• Part 2: Information About Your Relative (Beneficiary):
  • Provide the beneficiary’s personal information, including their full name, date of birth, country of birth, and relationship to the petitioner.
• Part 3: Additional Information About You (Petitioner):
  • Answer the questions regarding your citizenship or immigration status, social security number (if applicable), and other details.
• Part 4: Information About Beneficiary’s Last Address:
  • If the beneficiary is already in the United States, provide their current address. If they are outside the U.S., leave this section blank.
• Part 5: Other Information About You (Petitioner):
  • Answer questions related to your marital history and previous filings for the beneficiary.
• Part 6: Information About Your Prior Marriages (if applicable):
  • Provide details about any previous marriages you (the petitioner) have had.
• Part 7: Information About Your Employment (if applicable):
  • If applicable, provide information about your current employment.
• Part 8: Additional Information About Your Relative (Beneficiary):
  • Answer questions regarding the beneficiary’s marital history and previous immigration filings.
• Part 9: Sponsor’s Statement:
  • The sponsoring petitioner signs and dates the form, certifying that the information provided is true and correct.
• Part 10: Contact Information, Declaration, and Signature:
  • Provide your contact information and sign the form. If you are using an interpreter, the interpreter should also sign and provide their information.
• Checklist:
  • Review the provided checklist in the instructions to ensure you have included all required supporting documents and fees.
• File the Form:
  • Mail the completed Form I-130, along with supporting documents and fees, to the address specified in the instructions.

It’s crucial to fill out the form accurately and honestly, as providing false information can lead to delays or denials. If you have any questions or concerns, consider seeking guidance from an immigration attorney or consulting with the USCIS for clarification.