Form I-130 (Petition for Alien Relative) is to be completed by the U.S citizen spouse, on behalf of the beneficiary spouse that wishes to become a permanent resident of the United States. The purpose of the form is for the U.S citizen spouse to establish his/her relationship to the intending immigrant to the USCIS. If the petition is approved, the beneficiary spouse’s eligibility for a green card is established. If the petition is not approved, the beneficiary spouse will not be eligible for a green card.
Being able to convince the USCIS that your marriage is bona fide and not entered into for the purpose of obtaining an immigration benefit is essential to getting a favorable outcome.
The USCIS recommends that you submit one or more of the following types of documentation that may prove you have a genuine marriage. It is recommended that you submit as much of the documents listed below as possible:
- Documents that show you and your spouse jointly own property;
- A lease that shows you and your spouse live at the same address;
- Documents that show you and your spouse have combined your financial resources;
- Birth certificates of children born to you and your spouse;
- Affidavits sworn to or affirmed by third parties who have personal knowledge of the bona fides of your marital relationship. Each affidavit must contain the full name and address of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired his or her knowledge of your marriage; or
- Any other relevant documentation to establish that there is an ongoing marital union.
The USCIS is not opposed to you providing additional relevant documentation to prove that you have a bona fide marriage. If you would like more information on how you can prove beyond reasonable doubt that you have a bona fide marriage, please refer to the book titled How to Apply for A Green Card After Marriage to An American: A Step-By-Step Guide to Adjusting Your Status in the USA. In the book you will find suggestions on additional relevant documentation you may choose to send to the USCIS to prove that you have a bona fide marriage and other supporting documentation requirements for Form I-130.
