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Immigration 101

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Travel and Work Authorization 101: Advance Parole & EAD for Green Card Applicants

Immigration 101

Travel and Work Authorization 101: Advance Parole & EAD for Green Card Applicants

Travel and Work Authorization 101: Quick Guide

When applying for a marriage-based green card through Adjustment of Status (AOS), you may need to wait several months for approval. During this time, Advance Parole (Form I-131) and Employment Authorization (Form I-765) allow you to travel and work legally in the U.S.

What is Advance Parole?

  • Advance Parole allows you to travel abroad temporarily while your green card application is pending without abandoning your application.

What is Employment Authorization?

  • Employment Authorization (EAD) allows you to work legally in the U.S. while awaiting green card approval. This is often called a “work permit.”

How to Apply

  1. File Forms I-131 and I-765: Submit these forms alongside your I-485 (AOS application) to avoid extra fees.

  2. Provide Necessary Documents: Include passport photos, a photo ID, and proof of your pending AOS application.

  3. Wait for Approval: Processing can take 2–5 months. If approved, you’ll receive a combination card for both travel and work authorization.

Key Tips

  • Apply Early: Submit these forms with your AOS application to avoid delays.

  • Plan Ahead for Travel: Only travel after your Advance Parole is approved to prevent abandonment of your green card application.

  • Renew if Needed: These permits are usually valid for one year, so apply for renewal if your green card is still pending as expiration approaches.

Summary

Advance Parole and Employment Authorization help you travel and work legally while waiting for your green card. Applying for these permits early and following USCIS guidelines can make the green card waiting period much easier to manage.

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Travel and Work Authorization 101:

Understanding Advance Parole and Employment Authorization for Marriage-Based Green Card Applicants

Estimated Reading Time:

12 minutes

Want a shorter version? Click the bar above for a simple version.

When applying for a marriage-based green card from within the United States through Adjustment of Status (AOS), you may have to wait several months for your application to be fully processed. During this waiting period, foreign spouses can apply for Advance Parole (Form I-131) to travel and Employment Authorization (Form I-765) to work legally in the U.S. These forms are optional but highly beneficial, allowing you to continue life as usual while waiting for your green card approval. This guide covers what Advance Parole and Employment Authorization are, why they are useful, and how to apply for them.

What is Advance Parole?  

Advance Parole is a travel permit that allows foreign nationals with a pending green card application to temporarily leave the U.S. and re-enter without abandoning their application. Normally, leaving the U.S. while an AOS application is pending would mean that your application is considered abandoned. Advance Parole prevents this and grants permission to travel outside the U.S. for brief periods during the green card waiting period.

Why is Advance Parole Important?  

Advance Parole is essential for marriage-based green card applicants who need to travel internationally during the processing period. It allows you to travel without jeopardizing your green card application, which is critical for personal reasons like visiting family, attending important events, or handling emergencies. Without Advance Parole, any international travel may lead to the abandonment of your application, forcing you to start the entire green card process over from scratch.

What is Employment Authorization?  

Employment Authorization is a permit that allows green card applicants to work legally in the U.S. while waiting for their green card approval. This permit, often referred to as an Employment Authorization Document (EAD), gives you the flexibility to start or continue working, making the waiting period more financially manageable.

Benefits of Employment Authorization  

Employment Authorization offers several key benefits:

  • Legal Right to Work: It allows you to work for any employer in the U.S., supporting yourself financially during the green card waiting period.

  • Financial Stability: Being able to work can help reduce financial stress, especially if you were relying on one income in your household.

  • Career Continuity: If you are already employed, having an EAD allows you to continue working without interruptions.

Who is Eligible for Advance Parole and Employment Authorization?  

If you are applying for a marriage-based green card through Adjustment of Status (AOS), you are eligible to apply for both Advance Parole and Employment Authorization. You can apply for these permits simultaneously with your AOS application or at any time while your green card application is pending.

Required Forms for Advance Parole and Employment Authorization  

To apply for Advance Parole and Employment Authorization, you will need to complete the following forms:

  1. Form I-131 (Application for Travel Document): This is the form for Advance Parole, which allows you to request permission to travel abroad while your green card application is being processed.

  2. Form I-765 (Application for Employment Authorization): This form is for Employment Authorization, granting you permission to work in the U.S. while awaiting your green card approval.

When filing an Adjustment of Status application, both Form I-131 and Form I-765 can be included at no additional cost if submitted together with Form I-485 (Adjustment of Status application). This saves money and often reduces waiting time for these additional permits.

Step-by-Step Guide to Applying for Advance Parole and Employment Authorization  

Here is a simple guide to completing and submitting both Form I-131 and Form I-765 along with your AOS application:

Step 1: Gather Necessary Documents  

Start by gathering the following documents for each form:

For Form I-131 (Advance Parole):

  • Completed Form I-131

  • Two recent passport-sized photos

  • A copy of your photo ID (passport or other valid government ID)

  • Evidence of your pending Adjustment of Status application, such as your Form I-485 receipt notice (if applying later)

For Form I-765 (Employment Authorization):

  • Completed Form I-765

  • Two recent passport-sized photos

  • A copy of your photo ID (passport or other valid government ID)

  • Evidence of your pending Adjustment of Status application, such as your Form I-485 receipt notice

Note: If you’re filing Forms I-131 and I-765 along with your Form I-485, you don’t need a receipt notice for Form I-485 yet, as all three forms will be submitted together.

Step 2: Complete Forms I-131 and I-765  

Completing Form I-131 (Advance Parole):

  • Indicate that you are applying for Advance Parole.

  • Provide your reason for requesting Advance Parole. For most marriage-based green card applicants, a simple explanation like “To visit family while my Adjustment of Status application is pending” is sufficient.

  • Fill out your intended dates of travel if you know them. However, it’s not mandatory to specify dates unless you have specific plans.

Completing Form I-765 (Employment Authorization):

  • Select the appropriate eligibility category for your case. Most marriage-based AOS applicants should select category (c)(9) on Form I-765, which refers to pending Adjustment of Status applications.

  • Provide your current mailing address. Make sure this address is stable, as USCIS will send your EAD card to this location.

Step 3: Assemble and Review Your Application Package  

If you are filing these forms alongside your Form I-485, make sure to include all necessary forms and supporting documents. Double-check your forms for accuracy and consistency. Incorrect or incomplete applications can lead to delays or even denials.

Step 4: Submit Your Application  

If submitting the forms with your Form I-485, include everything in one package and mail it to the appropriate USCIS address. If you’re applying separately after submitting Form I-485, send Forms I-131 and I-765 to the USCIS address that handles follow-up applications for your case.

What to Expect After Submitting Forms I-131 and I-765  

  1. Receipt Notices: USCIS will send receipt notices for each form submitted. These notices contain case numbers, which allow you to track the status of each application.

  2. Biometrics Appointment: USCIS may schedule a biometrics appointment where your fingerprints, photos, and signature will be collected. This appointment is typically required for the AOS process and may also apply to these forms.

  3. Processing Times: Processing times for Advance Parole and Employment Authorization can vary, generally ranging from 2 to 5 months. These permits are usually processed faster when submitted together with Form I-485, though times can fluctuate based on USCIS workload.

  4. Receiving Your EAD and Advance Parole: If approved, USCIS will issue a combination card that serves as both your Employment Authorization Document (EAD) and Advance Parole. This card grants you the ability to work in the U.S. and travel abroad temporarily.

Tips for Using Your Advance Parole and EAD Card  

  • Traveling with Advance Parole: Always carry your Advance Parole card when traveling outside the U.S. and ensure your passport is valid. If you leave the U.S. without Advance Parole, your AOS application may be considered abandoned.

  • Working with Your EAD: Your EAD allows you to work for any employer in the U.S. while awaiting your green card. Keep a copy of your EAD on file and inform your employer that it is a temporary authorization.

  • Plan Ahead for Renewals: EAD and Advance Parole are valid for one year. If your green card is still pending as the expiration date approaches, apply to renew your EAD and Advance Parole at least 4 to 6 months before expiration to avoid a gap in work or travel eligibility.

Frequently Asked Questions

Yes, you can apply for Advance Parole and EAD at any point while your AOS application is pending, but it’s usually faster and more cost-effective to submit all forms together.

Advance Parole allows for temporary travel, typically a few weeks to a few months. Extended absences might raise questions at re-entry about your intent to reside in the U.S., so avoid lengthy travel without consulting an immigration professional.

Yes, if your green card application is denied, both your EAD and Advance Parole will be void, as they rely on a pending AOS application. In such cases, consult an immigration attorney to understand your options.

Key Takeaways  

  1. Advance Parole is Essential for Travel: If you need to leave the U.S. while waiting for your green card, Advance Parole allows you to do so without jeopardizing your application.

  2. Employment Authorization Supports Financial Stability: An EAD allows you to work legally, providing financial stability during the green card waiting period.

  3. Timely Filing is Beneficial: Filing Forms I-131 and I-765 with your AOS application is efficient, cost-effective, and helps avoid delays in receiving your travel and work authorizations.

Conclusion  

Applying for Advance Parole and Employment Authorization can make the green card waiting period smoother, allowing you to work and travel as needed. By understanding the process and following the steps carefully, you can ensure that these permits are issued without unnecessary delays. If you have questions about eligibility, completing the forms, or your specific situation, consulting an immigration attorney can help guide you through the process with confidence.

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Marriage-Based Green Card 101: Your Basic Guide to U.S. Residence Through Marriage

Immigration 101

Marriage-Based Green Card 101: Your Basic Guide to U.S. Residence Through Marriage

Marriage-Based Green Card 101: Short & Simple Version

A marriage-based green card allows a foreign spouse of a U.S. citizen or lawful permanent resident to live and work in the U.S. as a lawful permanent resident. Here’s a simplified guide to help you understand the basics of the process.

Who’s Eligible?

  1. Legal Marriage: The couple must be legally married.

  2. Genuine Marriage: USCIS requires proof that the marriage is real and not just for immigration benefits.

  3. Sponsor’s Status: The U.S. citizen or LPR spouse must be able to support the foreign spouse financially.

Two Paths to Apply

  1. Adjustment of Status (AOS): For spouses already in the U.S. who entered legally, they can apply without leaving the country.

  2. Consular Processing: For spouses outside the U.S., they can apply through a U.S. embassy or consulate in their home country.

Key Forms and Documents

  1. Form I-130: Filed by the U.S. spouse to prove the marriage is real.

  2. Form I-485: For those applying from within the U.S., this is the main green card application.

  3. Form DS-260: For those applying from abroad.

  4. Form I-864 (Affidavit of Support): Shows the sponsor’s ability to support their spouse financially.

  5. Form I-693: Medical exam form completed by an approved doctor.

Steps in the Process

  1. Submit Forms: The U.S. spouse files Form I-130, and the foreign spouse files Form I-485 if adjusting status in the U.S.

  2. Biometrics: USCIS schedules an appointment to collect the foreign spouse’s fingerprints and photo.

  3. Interview: Both spouses usually attend an interview to prove the marriage is genuine.

  4. Receive Green Card: If approved, the green card is mailed. If the marriage is under two years, the foreign spouse receives a two-year conditional green card.

Processing Times and Fees

  • Processing generally takes 8–14 months, depending on case complexity and USCIS workload.
  • Filing fees vary but are usually around $1,760 for the entire process.

Tips to Avoid Common Mistakes

  • Ensure all forms are filled out completely and accurately.

  • Provide strong evidence of a genuine marriage, like joint bank statements, leases, and photos.

  • Submit the latest version of each form with the correct fee.

Summary

The marriage-based green card process requires careful planning and documentation, but it can be straightforward if you follow each step. Preparing documents early and providing thorough evidence can help make the process smoother.

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Marriage-Based Green Card 101:

A Comprehensive Guide

Estimated Reading Time:

13 minutes

Want a shorter version? Click the bar above for a simple version.

Applying for a marriage-based green card is one of the most common paths for foreign nationals married to U.S. citizens or lawful permanent residents to achieve lawful permanent residency in the United States. This guide will provide a comprehensive overview of how the marriage-based green card process works, including eligibility requirements, key forms, processing steps, and frequently asked questions.

What is a Marriage-Based Green Card?  

A marriage-based green card allows a foreign national spouse of a U.S. citizen or lawful permanent resident to live and work permanently in the United States. The green card provides lawful permanent resident (LPR) status, which includes the right to work, travel freely, and, in most cases, eventually apply for U.S. citizenship.

Eligibility Requirements  

To be eligible for a marriage-based green card, applicants must meet several criteria:

  1. Valid Marriage: The couple must be legally married, with a valid marriage certificate as proof. Common-law marriages may qualify if recognized as legal in the jurisdiction where the marriage was established.

  2. Bona Fide Marriage: The marriage must be genuine and not entered into solely for immigration benefits. USCIS requires proof of a bona fide relationship, such as shared financial accounts, joint leases or mortgage statements, and photos together.

  3. Sponsoring Spouse’s Status:

    • U.S. Citizen: If the sponsoring spouse is a U.S. citizen, the foreign spouse is considered an immediate relative, meaning there are no visa number limits, which can make the process faster.

    • Lawful Permanent Resident (LPR): If the sponsoring spouse is an LPR, the foreign spouse falls under the family preference category, which may require a wait for a visa number to become available.

  1. No Major Inadmissibility Issues: Some applicants may be inadmissible due to criminal history, past immigration violations, or health-related grounds. However, some grounds of inadmissibility may be waived depending on individual circumstances.

Paths to a Marriage-Based Green Card  

There are two primary pathways for obtaining a marriage-based green card:

  1. Adjustment of Status (AOS): This option is for foreign nationals already in the U.S. on a valid visa who entered the country legally. They can file for a green card without having to leave the U.S. and re-enter.

  2. Consular Processing: This option is for foreign nationals who are outside the U.S. or do not qualify for adjustment of status. They attend an interview at a U.S. embassy or consulate abroad to receive an immigrant visa, allowing them to enter the U.S. as a green card holder.

Key Forms and Documents  

The following forms are required in most marriage-based green card cases:

  1. Form I-130 (Petition for Alien Relative): The U.S. citizen or LPR spouse files this form to establish the validity of the marriage and the relationship. It includes basic biographical information and requires supporting documents like marriage certificates and proof of the sponsoring spouse’s status.

  2. Form I-485 (Application to Adjust Status): For applicants within the U.S. applying through adjustment of status, this form is used to request a change from their current status to that of a permanent resident.

  3. Form DS-260 (Online Immigrant Visa Application): For applicants outside the U.S. using consular processing, this online form is used to apply for an immigrant visa.

  4. Form I-864 (Affidavit of Support): The sponsoring spouse must demonstrate they can financially support the applicant at or above 125% of the federal poverty level. This form may require tax returns, pay stubs, and proof of income.

  5. Form I-693 (Report of Medical Examination and Vaccination Record): A medical exam is required for adjustment of status and consular processing applicants to ensure they meet U.S. health standards.

  6. Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document): For applicants undergoing adjustment of status, these forms allow the applicant to work and travel while their green card application is pending.

The Marriage-Based Green Card Process  

The process varies slightly depending on whether the applicant is inside or outside the U.S. Here’s a step-by-step overview of each path:

For Applicants in the U.S. (Adjustment of Status)  

  1. File Form I-130 and Form I-485: If eligible, the foreign spouse can file these forms together (known as concurrent filing), expediting the process.

  2. Biometrics Appointment: USCIS schedules a biometrics appointment, where the applicant’s fingerprints and photographs are taken for background checks.

  3. Interview: Most applicants will attend an interview with their spouse at a local USCIS office to verify the authenticity of the marriage. Both spouses should bring documentation of their relationship, such as joint bank accounts, bills, and photos.

  4. Approval: If the interview goes well, USCIS may approve the application, and the green card will be mailed. If the marriage is less than two years old, the green card will be conditional and valid for two years.

For Applicants Outside the U.S. (Consular Processing)  

  1. File Form I-130: Once approved by USCIS, the National Visa Center (NVC) processes the case and forwards it to the U.S. consulate or embassy in the applicant’s country.

  2. Complete DS-260 and Submit Civil Documents: The applicant fills out Form DS-260 online and submits documents to the NVC.

  3. Medical Exam: The applicant must complete a medical exam with a physician authorized by the consulate.

  4. Consular Interview: At the consulate, the applicant and their spouse may be asked about their relationship and plans together. The consular officer will assess the bona fides of the marriage.

  5. Entry to the U.S.: If approved, the applicant receives an immigrant visa, allowing them to travel to the U.S. as a green card holder. The green card will arrive shortly after their arrival in the U.S.

 

Conditional vs. Permanent Green Card  

If the marriage is less than two years old when the green card is granted, the foreign spouse receives a conditional green card valid for two years. To transition to a permanent 10-year green card, the couple must file Form I-751 (Petition to Remove Conditions on Residence) within the 90 days before the conditional green card expires. This process confirms that the marriage is still bona fide.

Processing Times and Fees  

  • Processing Times: Adjustment of status typically takes between 8 and 14 months, but vary from one USCIS field office to another. Consular processing varies by embassy but often takes a similar time frame.
  • Filing Fees: Fees recently changed and there are different fees when filing online vs by paper. Use the USCIS fee calculator found here for the latest fees.

Frequently Asked Questions

If a marriage ends before the green card is issued, the application may be denied. USCIS requires proof of a continuing, bona fide marriage.

Yes, if they file Form I-765 for employment authorization alongside Form I-485 (adjustment of status), they may work once the EAD (Employment Authorization Document) is approved.

Use consular processing. File Form I-130, and once approved, complete the steps with the NVC and the consulate.

Final Thoughts  

The marriage-based green card process requires careful planning and documentation but can be smooth if approached correctly. If you’re unsure about eligibility or require guidance, consulting an immigration attorney can be invaluable for peace of mind and ensuring a successful application.

Share the Post:

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Consular Processing 101: Your Step-by-Step Guide to a Marriage-Based Green Card Abroad
Adjustment of Status 101: How to Apply for a Green Card Without Leaving the U.S.
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Consular Processing 101: Your Step-by-Step Guide to a Marriage-Based Green Card Abroad
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Consular Processing 101: Your Step-by-Step Guide to a Marriage-Based Green Card Abroad
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Form I-130 Guide: How to Start the Marriage-Based Green Card Process

Immigration 101

Form I-130 Guide: How to Start the Marriage-Based Green Card Process

Form I-130 (Petition for Alien Relative) 101: Quick Guide

Form I-130 is the first step for U.S. citizens or lawful permanent residents sponsoring a foreign spouse for a green card. This form establishes the marriage relationship with U.S. Citizenship and Immigration Services (USCIS).

Purpose of Form I-130

The I-130 petition shows USCIS that a legitimate family relationship exists. For marriage-based green cards, it proves that the marriage is genuine.

Who Can File Form I-130?

  • U.S. Citizens and Lawful Permanent Residents: Only these individuals can file Form I-130 for their foreign spouse.

  • Legally Married Couples: Proof of legal marriage, such as a marriage certificate, is required.

  • Genuine Marriage: The couple must show that the marriage is bona fide, meaning it’s real and not for immigration purposes.

Steps to File Form I-130

  1. Complete Form I-130: Include details about both spouses.
  2. Gather Required Documents: Submit proof of the U.S. spouse’s citizenship or residency, marriage certificate, and evidence of a real relationship (joint accounts, leases, photos).
  3. Pay Filing Fee: The fee is $535.
  4. Submit the Petition: File by mail or online with USCIS.

Processing Time

  • Form I-130 typically takes 6–12 months to process, depending on USCIS workload and case complexity.

Key Tips

  • Provide Strong Evidence: To avoid delays, submit detailed proof of a genuine marriage.

  • Use the Latest Forms and Fees: Always download the current form and check the fee amount on the USCIS website.

Summary

Form I-130 is essential for establishing a marriage relationship with USCIS. By completing the form accurately and providing strong documentation, you can start the marriage-based green card process smoothly.

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Form I-130 (Petition for Alien Relative) 101:

A Guide for Marriage-Based Green Card Applicants  

Estimated Reading Time:

12 minutes

Want a shorter version? Click the bar above for a simple version.

Form I-130, also known as the Petition for Alien Relative, is the starting point for most family-based immigration cases, including marriage-based green cards. For U.S. citizens and lawful permanent residents (LPRs) who want to sponsor their spouse for a green card, the I-130 petition serves to establish the relationship between the petitioner (U.S. citizen or LPR spouse) and the beneficiary (foreign spouse). This guide explains the purpose of Form I-130, eligibility requirements, required documentation, and the filing process for marriage-based immigration cases.

What is Form I-130?  

Form I-130 is a petition filed with U.S. Citizenship and Immigration Services (USCIS) to establish a qualifying family relationship between a U.S. citizen or lawful permanent resident and a foreign national. For marriage-based green cards, the I-130 petition confirms that the petitioner and beneficiary are legally married and that the marriage is genuine. Once approved, the I-130 petition allows the foreign spouse to proceed with the next step of the green card application process, either through Adjustment of Status (AOS) if they are in the U.S. or Consular Processing if they are outside the U.S.

Purpose of Form I-130 in the Green Card Process  

The main goal of Form I-130 is to prove that a legitimate familial relationship exists. For marriage-based cases, USCIS evaluates whether the marriage is bona fide, meaning it was entered into for legitimate reasons and not solely for immigration benefits. Approval of Form I-130 allows the foreign spouse to move on to the next stage, where they can formally apply for a green card.

Who is Eligible to File Form I-130?  

To file Form I-130 on behalf of a spouse, the petitioner must meet certain eligibility requirements:

  1. U.S. Citizen or Lawful Permanent Resident (LPR): Only U.S. citizens or LPRs can file a Form I-130 petition for a foreign spouse. U.S. citizens have certain advantages over LPRs in this process, as there are no annual caps on green cards for spouses of U.S. citizens, while spouses of LPRs may face waiting periods due to visa number limits.

  2. Legal Marriage: The couple must be legally married, and the marriage certificate is required as proof. Common-law marriages may be accepted if recognized in the place where the marriage occurred.

  3. Genuine Marriage: USCIS requires evidence that the marriage is bona fide. This means the marriage was entered into out of genuine affection and a desire to build a life together, rather than for the purpose of gaining immigration benefits.

Required Documentation for Form I-130  

In addition to the completed form, the petitioner must submit supporting documents to establish the validity of the relationship and the petitioner’s status in the U.S. Required documents include:

  1. Proof of U.S. Citizenship or LPR Status: This could be a U.S. passport, birth certificate, naturalization certificate, or green card.

  2. Marriage Certificate: A copy of the marriage certificate must be included to verify the marital relationship.

  3. Evidence of a Bona Fide Marriage: Documents that demonstrate a genuine marriage may include:

    • Joint bank account statements

    • Joint leases, mortgage agreements, or utility bills

    • Photos of the couple together, especially at family gatherings or events

    • Affidavits from friends and family attesting to the relationship’s authenticity

    • Correspondence, travel itineraries, or any other documents showing the couple’s relationship history

  1. Proof of Termination of Prior Marriages (if applicable): If either spouse was previously married, they must provide divorce decrees or death certificates to confirm that all prior marriages have been legally terminated.

  2. Filing Fee: The filing fee for Form I-130 is currently $535. This fee is non-refundable and must be paid via check, money order, or credit card (if allowed at the service center).

Filing Form I-130  

The I-130 petition can be filed either online through the USCIS website or by mail. Here’s a step-by-step breakdown of each filing method:

Filing Online 

Filing online offers the advantage of quicker processing times and easier tracking of your case status.

  1. Create a USCIS Online Account: Go to the USCIS website and create a secure account. This account will allow you to submit the form, upload documents, and pay the filing fee online.

  2. Complete Form I-130: Enter the required information, including biographical details for both spouses and details about the marriage.

  3. Upload Supporting Documents: Scan and upload all required documentation, ensuring that each document is legible and clear.

  4. Pay the Filing Fee: Pay the $535 filing fee via a secure payment portal on the USCIS website.

  5. Submit the Form: Review all information and submit the form online. You’ll receive a confirmation receipt number to track the status of your petition.

Filing by Mail  

  1. Complete Form I-130: Download and print Form I-130 from the USCIS website. Complete all sections accurately and legibly in black ink.

  2. Gather and Organize Supporting Documents: Make photocopies of all required documents and keep them organized.

  3. Prepare Payment: Include a check or money order for $535 made payable to “U.S. Department of Homeland Security.”

  4. Mail the Packet: Send the completed form, supporting documents, and payment to the appropriate USCIS Lockbox address based on your location. USCIS provides specific addresses for each type of family-based petition.

  5. Track Your Application: USCIS will send a receipt notice with a case number that allows you to track your petition’s status.

What to Expect After Filing Form I-130

Once Form I-130 is submitted, USCIS will begin processing your petition. Here’s what you can expect next:

  1. Receipt Notice: USCIS will send a receipt notice confirming that they have received the petition. This notice includes a case number that you can use to check your case status online.

  2. USCIS Processing Time: Processing times for Form I-130 vary depending on factors such as service center workload and case complexity. Typical processing times range from 6 to 12 months, but delays can occur.

  3. Approval or Request for Evidence (RFE): USCIS will either approve the petition or issue a Request for Evidence (RFE) if additional documentation is needed. If an RFE is issued, the petitioner must respond promptly with the requested evidence.

  4. Transfer to the National Visa Center (NVC) (if consular processing is required): If the foreign spouse is outside the U.S., USCIS will forward the approved petition to the NVC, which will handle the next steps of the application process.

What Happens After Form I-130 is Approved?  

Once Form I-130 is approved, the next steps depend on where the foreign spouse is currently residing:

  • If the Foreign Spouse is in the U.S.: The foreign spouse may apply for a green card through Adjustment of Status (AOS) by filing Form I-485. This allows them to complete the entire green card application process without leaving the U.S.

  • If the Foreign Spouse is Outside the U.S.: The case will be transferred to the National Visa Center (NVC), which will coordinate with the U.S. embassy or consulate in the foreign spouse’s home country. The foreign spouse will go through Consular Processing, which involves an interview at the embassy or consulate before they are issued an immigrant visa to enter the U.S. as a permanent resident.

Common Issues and How to Avoid Them  

  1. Insufficient Evidence of a Bona Fide Marriage: Failure to provide enough evidence of a genuine marriage is a common reason for delays or denials. To avoid issues, gather a variety of documents showing that you and your spouse share a life together. A few photos or a single joint bank account may not be enough; USCIS prefers a well-rounded collection of evidence.
  2. Incomplete Form: Ensure that Form I-130 is complete and accurate. Missing information or incorrect entries can lead to delays or a Request for Evidence.
  3. Filing for Spouses in Different Locations: If you are unsure where to file, consult USCIS guidelines or seek legal advice. Sending your application to the wrong location can delay processing.

Frequently Asked Questions

Processing times vary, but most cases are processed within 6 to 12 months. Delays can occur depending on USCIS workload and other factors.

In certain circumstances, USCIS may expedite processing, such as in cases of severe financial hardship, military deployment, or medical emergencies. Requests for expedited processing require strong documentation.

If Form I-130 is denied, USCIS will provide reasons for the denial. In some cases, you may appeal the decision or file a new petition with additional supporting evidence.

Summary

Filing Form I-130 is the first essential step in bringing a foreign spouse to the U.S. through a marriage-based green card. Understanding the requirements, gathering thorough documentation, and following the correct filing procedures can help ensure a smooth process. For complex situations or specific questions, consulting an immigration attorney can provide valuable guidance and increase your chances of a successful outcome.

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