Step-by-Step Guide on How to File an I-130 for Relative (spouse) Outside the US

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.

Download the Following Forms:
1.I-130
2. G-325a
3.G-1145 (optional)

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. 3. Form I-130: Petition for Alien Relative 4. 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.

taken from http://www.visajourney.com/content/i130guide1