What are I-130 instructions for a spouse?

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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 Many step-by-step instructions posted on the internet can be out of date.

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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

Source: USCIS

 

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