Form I-130, Immigrant Petition for Relative must be obtained by relatives of intending immigrants who plan to base their immigrant visa applications on family relationship and submit at USCIS office. The petitioning U.S. citizen or legal permanent resident will receive a notice of approval, Form I-797, once USCIS approves the petition. The approved petition will be sent by USCIS to the Immigrant Visa Processing Center, which will contact the intending immigrant with further information.
With the U.S. Citizenship and Immigration Services the following need to be filed if you are applying to bring your spouse to the U.S. to live:
If you are a U.S. citizen but not by birth a copy of either
If you are a lawful permanent resident (LPR)
Completing the Petition for Alien Relative
On the bottom left corner of Form I-130 you can locate the form number. The American citizen must complete and sign the form. Two photographs each of both the petitioner and applicant need to be submitted along when the form is filed. A copy of the marriage certificate and any divorce or death certificates showing termination of previous marriages should be submitted to show that the couple is eligible to file.
A copy of his or her citizenship papers or birth certificate should be submitted by the petitioner to prove US citizenship or permanent resident status. Photocopy of green card should be submitted by permanent resident petitioners since the USCIS no longer accepts copies of US Passports as proof of citizenship. Photocopy of the alien spouse’s birth certificate in English should be attached and if in other languages a certified translation must accompany it.
You would not need to file the Petition for Alien Relative Form I-130 if you are the alien fiance (e) who entered the US on a K-1 visa. File the rest of the forms and attach the approval notice from the consulate together with a copy of the visa and marriage certificate.
Filing Biographic Information Sheet
Two copies of Form G-325A, Biographic Information will be needed filled out one each by you and your spouse. The form provides information about your parents, place of residence, employers of both husband and wife during the past five years, and previous foreign residences, if any. Your own form should be signed and dated before submission. Immigrant Petition not required if your alien fiancee has entered US with K-1 visa.