When petitioning a spouse, Form I-130 instructions can get complicated. It's important to understand that filing instructions for Form I-130, Petition for Alien Relative, change over time. Many step-by-step instructions posted on the internet can be out of date.
This list is a summary of items that must be submitted in a spousal I-130 petition.
- Form I-130, Petition for Alien Relative
- Form I-130A, Supplemental Information for Spouse Beneficiary
- USCIS filing fee
- Proof of U.S. citizenship or permanent residence
- Marriage certificate
- Proof that previous marriages for both spouses were terminated
- Two (2) passport-style photos for each spouse
- Evidence of a bona fide marriage
However, depending on how you answer certain questions on Form I-130 and Form I-130A, additional items may be required. USCIS Form I-130 instructions do not provide extensive guidance on these situations. Further, the I-130 instructions do not always provide a full list of acceptable documents that may be used to satisfy the requirements.
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Related article: Form I-130 Instructions and Preparing the Immigrant Petition