Step-by-Step Guide on How to File an I-130 for Relative (spouse) Outside the USThese are the basic steps required by the US Citizen. These steps should be followed as a guideline and not as specific requirements for any given case. Every case is unique and this does not address that uniqueness. Note to K3 Applicants:This process also applies to K3 Visa applicants whom have had their I-130 approved prior to their I-129f. In this case you may chose to persue the I-130 path as opposed the the K3. This will allow the immigrating relative to enter as a permanent resident as opposed to having to file for adjustment once here. If the I-129f is later approved and forwarded to the embassy then you can write them to request the approved I-130 be acted on and the K-3 process abandoned.
The above forms can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov.
Assembling the I-130 Package: Checklist Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.):
1.
Payment as required by USCIS. Use a personal check if allowed by the Service Center (as of 4/2005 they do allow this). If not, use a money order so you can track the payment.
2.
Cover Letter. Should include a description of what your are petitioning for (I-130), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.
Copy of the full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship.
5.
A copy of petitioner's proof of naturalization. (If applicable)
6.
A copy of petitioner's proof of permanent residency. (If applicable)
7.
A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English) (no longer needed)
8.
A copy of your marriage certificate (If not inEnglish then again get a translation)
9.
If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated (court certified copies of the petitioner's and/or intending immigrant's divorce documents).
10.
A copy of a prior spouse's death certificate. (If one or both of you were married before, and the prior spouse died)
11.
G-325A filled out by the US Citizen, signed and dated.
12.
One passport-type photo (see specification) of the petitioner. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
13.
G-325A filled out by the non-US Citzen spouse signed and dated.
14.
One passport-type photo (see specification) of the non-US Citzen spouse. Write the full name of the beneficiary on the back. Place in a plastic bag and label the bag "Photo of (insert name)". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
15.
Evidence of a bonafide marriage (see note below for what to include)
Note: Evidence of a Bonifide Marriage The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as:
1.
Documentation showing joint ownership or property; or
2.
A lease showing joint tenancy of a common residence; or
3.
Documentation showing co-mingling of financialresources; or
4.
Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or
5.
Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or
6.
Any other relevant documentation to establish that thereis an ongoing marital union.
Attach "E-Notification" Form (Optional)
Clip a completed G-1145, E-Notification of Application/Petition Acceptance, to the first page of your application (on top of the cover page). By completing this form and attaching it, USCIS will send you an email and/or text message to alert you when your application was received.
Mail the I-130 Package to the USCIS
You should mail the completed form(s) to the proper USCIS Lockbox (Note the location & PO Box address for your filing type: stand alone). Mail the package with return receipt requested / delivery confirmation. Send via USPS.
IMPORTANT! Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence.
Journey
I was given an oath letter to appear for an oath ceremony at 225 cadman plaza east, brooklyn. as I live in queens and going all the way to brooklyn was some what not so good with me but it turned out to be better than I expected. I took bus to 179th st & Hillside ave, board onto F train. and took off at york st station. (I recommend not to take this one its a little long walk than jay st metrotech station, I took it coz I wanted to visit 2 subway station in one day crazy? haan?)
anyways it was drizzling but thanks to almight it wasnt hard.
Usually what I read online ppls do come early I didnt want to go early and then line up in cold so I consulted http://mta.info and planned my trip with different times so I knew trains in the morning would take an hour from 179th st in queens to york st in brooklyn so I planned to be out of the subway by 8:15 everything panned out well & I was on time. but yes there were many ppls only 20 or so came after me.
Security Check
security was much much better. just take of the coats thats it no shoes. (I HATE taking off shoes) after security they ask you to leave cell phones with them and when you are done take it back. I knew it already by reading different oath experiencing so I left mine at home but in the oath hall I saw a woman in front of me texting on her cell. guess they really dont enforce if you get pass security haan?
Court Room
then they tell you to go upstairs and courtoom is in your right. there will be an uscis officer at the door of the court room checking your oath letter and green card. show him and he directs you to another officer in the room, 2nd officer tells you where to sit. when I was there it was already full.
court room it self is awesome. it was full of paintings & giant portraits. paintings of red indian early settlers & train line workers. portraits of probably judges. one the left wall was full of historic frames some looked like victorian age and heavy. on the right wall were of modren frames with pictures.
it was well lit and comfortably climated. uscis officer were courtious and humorous. really made us welcome there. on the seats there were 2 booklets, one the constituation and other declaration of independence and one packet with a welcoming letter from the president, an info letter from civil rights department, an application for passport, a voter guide, oath and pledge of alligence, uscis welcoming letter and a folder to put your naturalization certificate in. (pics attached below)
Green Cards.
since a lot of ppls showed up early so by 8:35 they started taking green cards. yes they take green cards away since you dont need it anymore. I was sad to part ways with it. it was so dear to me for many years. I think we immigrants pay more care to this one document more than perhaps passport. then after taking green card every one was directed to go see the officer sitting next to check your naturalization certificate for erros for in your name's spelling & your date of birth. then go back to your seat and wait.
Change Of Name Court Orders
if you had decided to edit your name they will call you by name and hand over you your court order officially changing your name. there were like a dozen ppls who changed their names. they all got their orders except for one whose document for some reason could not be processed and was advised to see one of the two usics officers in manhattan office.
Civil Rights
Next is a lady from civil rights department. she will explain the kind of discriminations and the procedure to complain. it was nice to know that they have to rule out cases in one year time period. she take real long time. I think the most time took was this segment.
Voter Registration
then there is this guy for voter registration. he explained "you dont have to vote if you dont want to but if you want to you have to register" :d anyways he explained a little bit handed over voter registration forms in 4 language. English, Spanish, Chinese & korean. only a few took chinese or one guy took spanish. rest all took english forums. he asked to fill out them now and hand over to him if we can I wanted to but didnt coz the first line read are you a US Citizen and technically at the time I wasnt :d USCIS officer said you will be citizen once you are done with oath. so I decided to mail that in. a few ppls filled he checked them for possible spelling mistakes and collected what he could.
Finally Judge
ppls were now tired. it was 11:20 and after checking on with judges and not finding a judge available an officer allowed ppls to go for restrooms or water but not to go outside the building. after a few minutes judge came. he was in real hurry. he said,"i know you been through a lot so lets just get down to business" when voter guy told judge there are a few ppls are still out there. on this judge left the room for something he had to do and we all in the room were disappointed.
at this one of the officer ran outside to collect ppls, he was very efficient in his work. after a little while judge came back again. we all stood. took oath with a raised hand and reading after the judge.
then pledged to the flag with right hand on chests. judge allowed every body to sit. congratulated us and clapped. gave a little speech. whole process could not take more than 10 minutes. judge wasnt an immigrant but his father was. survived a hallocaust while loosing all his family except for his brother and this country provided him with the oppertunity we all seek.
Naturalization Certificate
after this officers call out names and you go out in the order collect your certificate and go out the door with a smilling face and feeling all new.
