We know some dreams require significant sacrifices, and in many cases, those sacrifices mean being apart from your significant other while you seek better opportunities in a different country.
In the U.S., if you’re patient enough and take the proper steps, after some years, it is possible to be close to your partner and give them the same chances you had with a spousal visa.
To do this, you must file Form I-130, the document legal permanent residents or U.S. citizens use to petition an immediate or close relative who is not in the country to immigrate to the country.
How Does Form I-130 Work When Asking for a Spousal Visa?
It’s important to note that Form I-130 only works if one of the people involved already lives in the U.S. and has any of the legal statuses mentioned above. The primary purpose of this form is to prove that the marriage is legally valid.
That is why you have to submit the corresponding Form I-130 supporting documents. Some of the most important are joint insurance documents or joint bank account statements, photos of your relationship, etc.
There is a long list of things you can use as evidence that your marriage is real, some of which you may not deem as essential and others that you might be missing, which is why we’ll help you by telling you everything you need to provide.
We should not have to tell you this, but all your answers must be 100% truthful.
Information you need to provide
The first part of the form is information about you as a petitioner and your spouse as a beneficiary. You should answer the following information and collect documents to support it.
Sponsor’s information
- Employment history for the past five years
- Date when previous marriages ended
- Address history for the past five years
- Any other petition for other foreign nationals previously filed.
Beneficiary’s information
- Address history for the past five years
- Date when previous marriages ended
- Employment history for the past five years
- Any previous immigration proceedings
Although this may seem like simple information, we can assure a lot of people have doubts about some of these entries.
Documents You Should Start Preparing for the Spousal Visa
Whether you are filing your petition online or by postal service. Remember to put together a package with the following documents and the form I-130 fee.
Form I-130
Of course, the most important part is to submit your form I-130 filled correctly and accurately. You could visit our guide here if you want to know some of the best tips to avoid making mistakes.
Cover letter
Although attaching this information is not strictly necessary, it is beneficial to list all the documents you submit and state any extraordinary circumstances you are going through.
Passport photos
You should attach two passport color photos of yourself and your spouse (each) taken within 30 days of filing the petition.
Evidence of an authentic or “bona fide” marriage
Many people use marriage as a path to acquire a Green Card by paying someone to fake a relationship with them. This is why proving you have an authentic marriage has become an essential part of the petition.
Information regarding the authenticity of your marriage can be joint ownership or lease of property, joint financial assets, joint responsibility for financial liabilities and welfare,
Joint ownership or lease of property, proof of relationship, and shared activities. You can check more information on how to prove a bona fide marriage to help you out.
What Comes After You’ve Submitted Form I-130?
If everything is right in your form, you will receive a notice in the mail with the time and date of your interview. This is called a G-56 call-in notice from the local field office handling your case.
This two-page document has instructions to reschedule the interview in case you can’t attend, as well as a list of all the documents you must bring with you and the people who have to come.
Besides your spouse, if an attorney has helped you in the filing process, they should also be present at the interview.
Some Additional Advice
USCIS is generally very cautious about spousal petitions, so we suggest you are extra careful and, if possible, get help from professionals.
You don’t necessarily need to hire a lawyer, but you can use an online service to get help answering the questions in the form correctly and know the documents you need to bring.
Please don’t be nervous about the interview process. A quick consultation with a professional can help you know what to expect and how to handle it. If you haven’t lied and understand you comply with all the requirements to file the petition, everything should go swiftly.