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A spouse petition, also known as a marriage-based petition, is a legal process that allows a U.S. citizen or a lawful permanent resident (green card holder) to sponsor their foreign-born spouse for a U.S. immigrant visa or green card. The sponsoring spouse must file Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS) to initiate the process.
The spouse petition demonstrates a bona fide marriage and the intention to establish a life together in the United States. If the petition is approved, the foreign-born spouse can then apply for an immigrant visa or adjustment of status to become a permanent resident of the United States. This process is a crucial step in obtaining lawful permanent residency (green card) for foreign spouses of U.S. citizens or green card holders.
Who is required to file spouse petition?
The spouse who is a U.S. citizen or lawful permanent resident (Green Card holder) is required to file the spouse petition to sponsor their foreign-born spouse for a Green Card.
How to fill out spouse petition?
Filling out a spouse petition, also known as Form I-130, is a process for a U.S. citizen or permanent resident to sponsor their foreign-national spouse for a green card. Here is a step-by-step guide on how to complete the form:
1. Visit the official U.S. Citizenship and Immigration Services (USCIS) website: Go to the USCIS website and search for Form I-130. Download the most recent version of the form and the instructions.
2. Gather supporting documents: Before starting the form, gather all the required supporting documents. These may include your marriage certificate, passport-style photos of both you and your spouse, proof of your U.S. citizenship or permanent residency, and evidence of a bona fide marriage (such as joint bank accounts, lease or mortgage agreements, or pictures of you together).
3. Start the petition: Begin by entering your personal information, including your full name, date of birth, contact information, and Social Security number. Provide the same information for your spouse.
4. Answer the questions: Go through the form and answer each question accurately and truthfully. Note that some questions may require additional explanation or evidence. Use the instructions provided to help you complete these sections.
5. Provide information about your spouse: Enter your spouse's personal information, including their full name, date of birth, contact information, and any previous marriages.
6. Include information about your marriage: Describe how and where you and your spouse were married. If either of you had previous marriages, provide details about those as well.
7. Declare any children: If you have any children together or children from previous relationships, provide their names, birthdates, and other relevant information.
8. Sign and date the form: Sign and date the completed form. If you have a prepared Form G-28, have your attorney or representative sign it as well.
9. Prepare the filing fee: Check the USCIS website for the current filing fee. Include a check or money order payable to the "U.S. Department of Homeland Security" for the appropriate amount.
10. Review and mail the petition: Double-check the form for accuracy and completeness. Make copies of all documents for your records. Mail the completed form, supporting documents, and filing fee to the appropriate USCIS address as mentioned in the instructions.
Remember that this is a general guide, and it is highly recommended to consult with an immigration attorney or legal professional for personalized advice and assistance in completing the spouse petition accurately.
What is the purpose of spouse petition?
The purpose of a spouse petition, also known as a marriage-based petition, is to establish the eligibility of an individual to sponsor their foreign national spouse for a visa or permanent residency in their country. The purpose is to reunite married couples who are living apart due to immigration restrictions and to provide a legal pathway for the foreign spouse to join their partner and reside together in the same country.
What information must be reported on spouse petition?
When filing a spouse petition, the following information must be reported:
1. Personal information: Full name, address, date of birth, and contact details of both the petitioner and the beneficiary (spouse).
2. Proof of marital relationship: Provide proof that the marriage is legally recognized, such as a marriage certificate or other official documents.
3. Proof of eligibility: Both the petitioner and the beneficiary must be legally eligible to marry, meaning they are of legal age, unmarried, and not closely related.
4. Citizenship or residence: The petitioner must prove their U.S. citizenship or lawful permanent resident status.
5. Supporting documents: Include supporting documentation to establish the authenticity of the relationship, such as photographs, joint bank account statements, lease agreements, or any other evidence demonstrating a bona fide marriage.
6. Affidavit of Support: The petitioner must submit an Affidavit of Support, Form I-864, to demonstrate their ability to financially support the beneficiary.
7. Application forms: Complete the necessary application forms, including Form I-130 (Petition for Alien Relative) and Form G-325A (Biographic Information).
8. Fees: Pay the required filing fees associated with the spouse petition.
Note that the specific requirements may vary depending on the immigration category and the petitioner's circumstances. It is always recommended to consult the U.S. Citizenship and Immigration Services (USCIS) website or seek professional legal advice for the most up-to-date and accurate information.
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