How Do I Petition for My Relative Through Form I-130?

You may have a family member who wishes to obtain a green card here in the United States. But before they can file Form I-485, Application to Register Permanent Residence or Adjust Status, you must serve as their sponsor and submit Form I-130, Petition for Alien Relative. Essentially, this tells the United States Citizenship and Immigration Services (USCIS) that you are a citizen or lawful permanent resident with a relative eligible for an immigrant status, whom you may support financially upon their arrival. Without further introduction, please continue reading to learn how to petition for your relative through Form I-130 and how an experienced Lyndhurst green card immigration lawyer at the Law Offices of Salvatore A. Falletta can help them get the lawful permanent resident status they desire.

How do I petition for my relative when using Form I-130?

The first thing you must establish in your I-130 applications is that you are a United States citizen or permanent resident. This may be accomplished by supplying a copy of your birth certificate, green card, unexpired U.S. passport, or any other form of valid identity listed by the USCIS.

From here, you must prove that you have a valid familial relationship with the intended beneficiary of the application. That is, as a citizen, you may petition to sponsor your spouse, your unmarried and married children, your siblings, and your parents. As a permanent resident, this may be limited to your spouse or unmarried children. This may be demonstrated as simply as providing your marriage license for your spouse, your child’s birth certificate for your child, etc.

Do I need additional evidence if I’m petitioning for a spouse?

Particularly if you are filing Form I-130 on behalf of your spouse, you may need to make an extra effort to establish your relationship as real and true. This is because, unfortunately, the USCIS encounters many cases of marriage fraud every year. That is, sometimes a foreigner enters a marriage with a United States citizen or permanent resident simply to pave a pathway towards their own green card. So, besides a copy of your marriage license, it may be in your best interest to give the following pieces of supporting evidence:

• Documentation of joint ownership of property (i.e., the title to your car).
• Documentation of your joint financial resources (i.e., joint bank accounts).
• Documentation of your joint tenancy of a common residence (i.e., your lease agreement).
• Documentation of your joint income tax return filings (i.e., declaring as a married couple).
• Copies of the birth certificates of the children you and your spouse share together.
• Digital proof of your relationship (i.e., photos taken together, communication logs, etc).
• Affidavits sworn to or affirmed by third parties with personal knowledge of your marital relationship.

In the end, if you are ready to fight for your loved one’s access to this country, please retain the services of our skilled Lyndhurst family & individual immigration law firm. Our team at the Law Offices of Salvatore A. Falletta awaits your phone call.