how to petition for alien spouse without lawyer

One can always file an I-130 petition on their own, without the assistance of an attorney to do so. Nothing in Immigration law is as "simple" as you are describing,however, and the smallest mistake, omission or misstatement on the Forms will have the unpleasant effect of delaying and otherwise hampering your husband's petition on your behalf.

Full Answer

How to file an immigration petition for a foreign spouse?

Jul 16, 2020 · If you are a U.S. citizen, you can file a petition for your foreign-born spouse and, under certain situations, the children of your spouse. To petition for your spouse’s children, they must be unmarried, under 21 years old, and have been under the age of 18 at the time of your marriage to your spouse. You must file a separate Form I-130 for each child.

When to file a petition for an Alien Relative?

Mar 23, 2022 · Filing Tips for Form I-130, Petition for Alien Relative. Complete all sections of the form. We will reject the form if these fields are missing: Part 1 – Relationship; Part 2 – Information About You Your Full Name; Date of Birth; Mailing Address; Your Marital Information; Part 4 – Information About Beneficiary Beneficiary Full Name; Date of Birth

How do I file a petition for myself as a battered spouse?

The I-130 petition requires the U.S. citizen petitioner to submit supporting documents and payment along with the form. You are not finished with the petition until you have gathered: Form I-130A, Supplemental Information for Spouse and Beneficiary, which gathers extra biographical information. Use of this form replaces the previously required Form G-325A, which both the …

What is Form I-130 petition for Alien Relative?

Dec 07, 2021 · If you’re planning to help a spouse immigrate to the United States, you’ll likely need to file Form I-130 (Petition for Alien Relative) and Form I-130A (Supplemental Information for a Spouse Beneficiary) with U.S. Citizenship and Immigration Services (USCIS). It’s the start of an immigration journey, and it won’t always be simple.

Do I need a lawyer to bring my husband to USA?

By Ilona Bray, J.D. You are not required to have a lawyer when applying for an immigrant visa or green card in the United States or overseas.

How long does it take for I-130 to get approved for spouse?

19.5 months to 25.5 monthsIf your Form I-130 will be processed at the California Service Center, the estimated time range is: Permanent Resident Filing for a Spouse — 19.5 months to 25.5 months. U.S. Citizen Filing for a Spouse — 19.5 months to 25.5 months.Sep 30, 2021

What documents do I need to petition my spouse?

I-130 Checklist of Items to Submit with Spousal PetitionUSCIS Filing Fee. ... Cover letter (optional) ... Form I-130, Petition for Alien Relative. ... Form I-130A, Supplemental Information for Spouse Beneficiary. ... Proof of status. ... Marriage certificate. ... Proof of previous marriages terminated. ... Passport photos.More items...•Dec 3, 2019

Can I file I-130 alone?

Domestic petitioners will now mail their stand-alone I-130 applications to either the Chicago Lockbox or the Phoenix Lockbox, depending on their residence in the United States. This effort will balance workloads between the two locations and provide more efficient and effective processing of Form I-130.

How long does it take to bring spouse to USA 2020?

Average time - Seven to 32 months to get a Form I-130 petition (Petition for Alien Relative) approved by USCIS as of early 2021; another six to ten months or longer to get an immigrant visa to come to the United States.

How long does it take to bring spouse to USA with citizenship?

Once USCIS approves Form I-130 for an American citizen, their spouse can apply for a visa, this process usually takes 3 to 5 months. In case of being a permanent resident, you will have to wait for your partner to have a visa number available with your priority date. This usually takes about 24 months.Jan 11, 2022

How much does it cost to petition for a spouse?

$535The U.S. citizen spouse submits the marriage relationship form (I-130 petition) and other required materials to USCIS, along with the $535 filing fee.

How much income do you need to sponsor a spouse?

The most common minimum annual income required to sponsor a spouse or family member for a green card is $22,887. This assumes that the sponsor — the U.S. citizen or current green card holder — is not in active military duty and is sponsoring only one relative.Mar 1, 2022

How much does Form I-130 cost?

$535The filing fee for Form I-130 is $535. The filing fee for this petition cannot be waived. NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this petition.

What happens after I-130 is approved for spouse?

Once USCIS approves your I-130 application, your application will be sent to the U.S. Department of State's National Visa Center (NVC) for processing. If your family member's case is not subject to immediate processing, your I-130 application will remain with NVC until processing begins.

What documents do I need to send with I-130?

As a U.S. citizen, you have to submit a photocopy of a birth certificate, passport, certificate of citizenship, naturalization certificate, or consular report of birth abroad. Lawful permanent residents must submit a photocopy of both sides of your green card or other permanent residence proof.Feb 5, 2022

Who qualifies for alien Relative?

Currently a naturalized U.S. citizen. A green card holder for at least 5 years. Able to establish clear and convincing evidence that entry into a prior marriage that provided green card status was not done to evade U.S. immigration law.

What form do I need to submit for my spouse?

If you submit a petition for your spouse, you must also submit Form I-130A, Supplemental Information for Spouse Beneficiary. To receive an email or text message when we accept your form, complete Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the front of the petition.

Where can I apply for a green card if my relative lives outside the US?

If your relative is ineligible to get their Green Card in the United States by filing Form I-485, or if your relative lives outside the United States, they may apply for an immigrant visa with the U.S. Department of State at the U.S. Embassy or Consulate in their country.

How to pay for USCIS lockbox?

When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.

What is a copy of a USCIS passport?

A copy of your naturalization or citizenship certificate issued by USCIS or the former Immigration and Naturalization Service (INS); A copy of Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a U.S. Embassy or U.S. Consulate; A copy of your unexpired U.S. passport;

What is the evidence of citizenship?

citizenship: A copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority showing you were born in the United States; A copy of your naturalization citizenship certificate issued by USCIS or the former Immigration and Naturalization Service (INS);

Can I get a green card if my relative is already in the US?

If your relative is already in the United States and a visa is available, they may be eligible to get their Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

Can I become an LPR if I am an I-130?

We will generally approve your Form I-130 if you can establish a relationship between you and your relative that qualifies them to immigrate to the United States. Generally, once we approved the petition, your relative may apply to become an LPR. This is the second step in the process.

Who must wait for an immigrant visa number?

Once the I-130 petition is filed and approved, relatives in preference categories (spouses or unmarried children under 21 of a U.S. permanent resident) must wait for an immigrant visa number.

Where do I send my I-130?

All stand-alone Form I-130 petitions must be sent to a USCIS office called a Lockbox. You cannot submit Form I-130 in person to a USCIS office. The Lockbox office will forward your file to the appropriate office or consulate. Be sure to make complete copies for yourself of your I-130 petition, documents, and check or money order.

What happens after an I-130 is approved?

citizen ), then just as soon as that petition is approved, your relative can apply for an immigrant visa and green card.

Can a petitioner sponsor someone?

the petitioner is qualified to sponsor someone, by virtue of being a U.S. citizen or a green card holder, and. the intending immigrant is in fact related to the petitioner; in this instance, is married to him or her.

Can I file for an alien relative?

If you are a U.S. citizen or lawful permanent resident, then as soon as you and your immigrant spouse are married, you can file the Petition for Alien Relative ( Form I-130) with U.S. Citizenship and Immigration Services (USCIS). This is the first step for any alien who wishes to immigrate to the United States as the relative (spouse or otherwise) ...

Do I need to file separate I-130s for step children?

If the child qualifies as the stepchild of a U.S. citizen (based on the marriage creating the step-relationship having taken place before the child turned 18), you will need to submit separate I-130s for each child.

Can I get a green card if I live overseas?

If living overseas, you will be able to proceed with your green card application immediately after USCIS approves the I-130, by applying for an immigrant visa through a U.S. consulate in your home country.

Where is the USCIS number on a birth certificate?

citizen or granted the status via parents, but became a citizen after an application and exam), this number can be found at the top right-hand side of the naturalization certificate. Do not use the number that appears after "USCIS Registration No.".

What is an I-130A?

The I-130 petition requires the U.S. citizen petitioner to submit supporting documents and payment along with the form. You are not finished with the petition until you have gathered: Form I- 130A, Supplemental Information for Spouse and Beneficiary, which gathers extra biographical information.

What does the interviewing officer ask in order to determine if you are married?

The interviewing officer will ask questions in order to determine that you and your spouse are truly a married couple and not posing as a couple for immigration purposes. Your spouse's permanent residence will be granted or denied at the interview.

How to prove your marriage?

To prove your relationship with your spouse, submit copies of your marriage certificate, divorce certificates from any previous marriages, recent passport-style photos of both of you, and other proof of your marriage as specified in the instructions. [2] File the form.

How to establish your status?

To establish your status, attach a copy of your birth or naturalization certificate, or your permanent resident card. If you do not have either of those, the instructions specify other acceptable forms of identification. [1]

Can I file for a green card if my spouse is living abroad?

He or she can still file the application if he or she merely has an expired visa. The I-485 should be filed by a spouse who is already legally living in the U.S. If your spouse is living abroad, he or she should file for a green card with the U.S. consulate or embassy in that country.

Insufficient Evidence of a Bona Fide Marriage

When you file a spouse petition for a green card, you’ll also need to submit several supporting documents. This includes any documentation that backs up the facts you are stating on the actual I-130 petition.

Failing to Document the Termination of Previous Marriages

You’ll need to prove you have a genuine marriage, but you’ll also need to prove that you terminated any previous marriages. If you and your spouse were never married before, this does not apply to you.

Omitted or Inaccurate Information

When you file a spouse petition for a green card, it’s important that you take the time to ensure the information you provide is accurate and complete. Discrepancies, inaccuracies, and outright omission can sometimes lead to serious problems.

Filing for an Undocumented Spouse

It may or may not be advisable to file a petition for an undocumented spouse. This depends on several circumstances. When using the term “undocumented,” we’re describing someone who is physically present inside the United States without a lawful immigration status.

Falling out of Status

Once you’ve filed the spouse petition for a green card, it may be necessary for the intending immigrant to maintain status.

About CitizenPath

CitizenPath provides simple, affordable, step-by-step guidance through USCIS immigration applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays.

Who must file I-130?

The “Petitioner” (U.S. citizen or green card holder) must file the Form I-130 with all the necessary supporting documents, to establish his/her relationship with the immigrant relative (beneficiary) seeking a green card. It is recommended not to send any original documents unless specifically requested by the USCIS.

What is the I-130 form?

Asel Mukambetova, Esq. Form I-130, officially known as the “Petition for Alien Relative” is a USCIS form, which is used to establish a relationship between a U.S. citizen or green card holder filing the form, and the relative wishing to seek a green card. To learn about detailed and in-depth information regarding the purpose, eligibility, ...

Where to file I-485?

If you and your relative, both live in the U.S., and your relative is concurrently filing the Form I-485, Application to Register Permanent Residence or Adjust Status, file your petition at Chicago, Dallas, or Phoenix Lockbox, depending on your location. You and your immigrant relative, both live in the United States.

Can I file an I-485 for my spouse?

citizens. However, spouses of green card holders can submit Form I-485 only after the Form I-130 is approved and the visa number is available.

Can I send original documents to USCIS?

It is recommended not to send any original documents unless specifically requested by the USCIS. The I-130 petition also requires the U.S. citizen petitioner to submit the filing fee amount, along with the supporting documents.

Can I file an I-130 petition?

You can file an I-130 petition, But this petition in of it self does not give you a visa or green-card. You may not be eligible for the green-card in the United States because you entered without inspection. Its important to speak to an immigration lawyer.

Do I need a lawyer to get a waiver?

There is no law that requires you to hire a lawyer. However since it appears you are going to need to consular process and file a provisional waiver, an attorney would be a very good idea.

How do I qualify for an I-751 Waiver?

You must file for an I-751 Waiver 90-days before your conditional green card expires

What are the steps to file an I-751 Waiver?

Along with filing the I-751 Waiver, you need to also submit the following documents, if applicable, along with your filing fee.

How to prove a marriage of "good faith"

Proving that your marriage was of "good faith" is the most important part of this filing. You must prove that you both entered the marriage in good faith and not just to receive immigration benefits. Here are some examples of documents you should gather to prove your marriage was of good faith

How to file for an I-571 Waiver if you are not divorced

If your spouse is refusing a divorce, or you have experienced abuse or extreme cruelty, or you would face extreme hardship if forced to leave the United States, you may qualify to file under a waiver.

How to prove abuse or extreme cruelty

Here are some of the documents you will need to provide in order to prove abuse and/or extreme cruelty.

How to prove extreme hardship

Proving extreme hardship is not an easy task and it is not something you should try to prove alone. However, these are the types of documents and evidence you will need to gather.

Steps after filing your I-751 Waiver

The process takes about 18 to 24 months, and each case depends on how well-prepared your case is. After filing you should expect to have an immigration interview. Since each case is reviewed on a case-by-case basis, it is extremely important that you have provided as much information as documentation as possible.

How much does it cost to consult with an attorney?

When you first meet with an attorney, you will almost always have to pay a consultation fee. A consultation fee can range anywhere from $75 to several hundred dollars depending on where the attorney is located and the size of the firm he or she works for.

What is an immediate relative?

An "immediate relative" is the spouse or unmarried child under the age of 21 of a U.S. citizen. If you are a permanent resident sponsoring more than one relative, ...

Do I need to file an I-130 for a derivative relative?

If you are a permanent resident sponsoring more than one relative, you are not required to file a separate I-130 petition for each relative who qualifies as a "derivative.". A derivative relative would include the children of your foreign national spouse. For more information on who qualifies, see Derivative Immigration Status For Family Members ...

Can I file an I-130 concurrently?

If you wish further services once the I-130 is approved; or if you're allowed to file the I-130 concurrently with an adjustment of status application ; preparing all paperwork for that step of the process and even accompanying the immigrant to the USCIS interview, or preparing the paperwork for consular processing.