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How to File Form I-130 for a Spouse Inside the United States – Step-by-Step Guide

Many US citizens and permanent residents of the United States get married to citizens of foreign countries. And if you are a US citizen, who is looking forward to sponsor your foreign-born spouse for a US Green Card, you will have to file Form I-130, Petition for Alien Relative, for her. If your wife is currently within the United States, she may just file Form I-485 while you file Form I-130 and adjust her status to lawful status in America. As your wife is your immediate relative, she can concurrently file Form I-485 and she need not wait until the USCIS approves Form I-130, filed by you.

Form I-130, Petition for Alien Relative

You can fill out Form I-130 online or you can download a copy of the form and complete it by hand. This form is self explanatory and do not forget to go through the form instructions before filling out the form. You can use a check or a money order to pay the form filing fee and applications submitted without the required fee will not be accepted. You must file this form along with copies of your birth certificate, US passport or your certificate of naturalization, to demonstrate that you are a citizen of America. Similarly, you must also submit a copy of the beneficiary’s birth certificate and a copy of your certified marriage certificate, along with your immigrant petition.

Do not forget to attach a passport-style photo to your application. Moreover, you must also complete and submit Form G-325A, Biographic Information, along with Form I-130. To prove that your marriage is bona fide, you need to submit documents to demonstrate that there is an ongoing marital union and you may submit copies of your child’s birth certificate or some other documents that show joint ownership, to prove that your marriage is not fraudulent.

Form I-864, Affidavit of Support

As a sponsor, you must also file Form I-864 and you need to file this form to affirm that you will financially sponsor the beneficiary.

Form I-485, Application to Register Permanent Residence or Adjust Status

At the same time, your spouse in the United States, may file Form I-485, while you file Form I-130, for her. The required form filing fee must be paid and your spouse may use a money order or a check to make the payment. Your spouse must file Form I-485 along with a copy her passport, birth certificate, other supporting documents and two passport-style photographs. She must also include Form G-325A and Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, with the application package.

After preparing your application package, you need to mail the package to the address that is listed on the form instructions page. USCIS will process your petition after checking it for accuracy.

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