Download
the Following Forms:
1.
I-130
2. I-129F
3. G-325a
The above forms can be filled out on your computer and printed.
Make sure you sign and date them as required. Anything you cannot fit by
typing, you can handwrite (very neatly) in black ink in the blank instead.
You should always verify the current forms at www.uscis.gov.
Assembling the I-130 Package: Checklist
Forms and Documents (follow these
assembly instructions. All supporting documents must be in English or be
translated as noted here.):
| 1. |
Payment
as required by USCIS. Use a check so you can track the payment. |
| 2. |
Form
I-130, Petition for Alien Relative (see example
form) |
| 3. |
Copy of
the Birth certificate for the US Citizen (front and back) or
a copy of ALL pages of the US Citizen's passport. This is used
to establish citizenship. You may use a copy of your naturalization
certificate or certificate of citizenship issued by USCIS. |
| 4. |
A copy of your marriage certificate (If not in English then again get a translation) |
| 5. |
If either
you or your spouse were previously married, submit copies of
documents showing that all prior marriages were legally terminated. |
| 6. |
A copy of a prior spouse's death certificate. (If one or both were married before, and the prior spouse died)
|
| 7. |
G-325A
filled out by the US Citizen signed and dated.
|
| 8. |
One passport-type
photo (see specification)
of the US Citizen. Write the full name of the US citizen on
the back. Place in a plastic bag and label the bag "Photo of
". Attach the
bag to a sheet of paper and place behind the corresponding G-325A. |
| 9. |
G-325A
filled out by the foreign spouse signed and
dated. |
| 10. |
One passport-type
photo (see specification)
of the foreign spouse. Write the full name of the foreign Spouse
on the back. Place in a plastic bag and label the bag "Photo
of ". Attach the bag to a sheet
of paper and place behind the corresponding G-325A. |
| 11. |
Evidence of a bonafide marriage (see note below for what to include) |
|
 |
Note: Evidence of a Bonifide Marriage
The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as: |
| 1. |
Documentation showing joint ownership or property; or |
| 2. |
A lease showing joint tenancy of a common residence; or |
| 3. |
Documentation showing co-mingling of financialresources; or |
| 4. |
Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or |
| 5. |
Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or |
| 6. |
Any other relevant documentation to establish that thereis an ongoing marital union. |
|
Mail the I-130 Package to the USCIS
Effective December 3, 2007, all petitioners filing stand-alone Form I-130 are encouraged to submit their petitions to the Chicago Lockbox instead of a USCIS Service Center. I-130 petitions filed with the Chicago Lockbox will be routed to, and adjudicated at, the appropriate USCIS Service Center. This routing will be based on the petitioner’s place of residence in the United States. You will receive a notice in the mail indicating what Service Center your petition was routed to.
--o Petitioners who reside in AK, AZ, CA, CO, Guam, HI, ID, IL, IN, IA, KS, MI, MN, MS, MT, Nebraska, NV, ND, OH, OR, SD, UT, WA, WI, or WY are encouraged to file their stand-alone Form I-130s with the Lockbox using the following address:
USCIS
P.O. Box 804625
Chicago, IL 60680-1029
--o Petitioners who reside in AL, AR, CT, DL, FL, GA, KY, LA, ME, MD, MA, MI, NH, NJ, NM, NY, NC, OK, PA, Puerto Rico, RI, SC, TN, TX, VT, VA, U.S. Virgin Islands, WV, or District of Columbia are encouraged to file their stand-alone Form I-130 with the Lockbox using the following address:
USCIS
P.O. Box 804616
Chicago, IL 60680-1029
Mail the package with return receipt
requested / delivery confirmation. Send via USPS.
IMPORTANT!
Make TWO copies of the entire package
before you send it in. This includes the money orders too. You want to
have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request
For Evidence). If you receive an RFE, follow the direction exactly,
and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence.
Create a VJ Timeline
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Estimate processing time and approval date: Creating a VJ Timeline will allow you to track your case and will generate an estimated approval date for your petition. You can always gain access to many other tools to help you plan how long your Visa Journey will take!
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Once you receive the NOA1 for the I-130:
Assembling the I-129F Package: Checklist
Forms and Documents (follow these
assembly instructions. All supporting documents must be in English or be
translated as noted here.)
| 1. |
Payment
as required by USCIS (I-129F petitions for K-3 status filed on/after July 30th 2007 have no fee since the I-130 cost was increased).
Use a check so you can track the payment. |
| 2. |
Cover Letter.
Should include a description of what your are petitioning for
(K-3 Visa), a table of contents (list everything in the packet).
If you need additional room to explain your case, attach a separate
sheet (list the attachment on the cover sheet). Make sure to
sign and date the cover sheet. |
| 3. |
Copy of I-130 Transfer Notice (indicating where your underlying I-130 petition was routed to after it was filed at the appropriate Chicago Lockbox).
|
| 4. |
Form I-129F:
Petition for Alien Fiance(e). This form may be used to obtain a K-3/K-4 visa for your
alien spouse and her or his child. Fill out the form as
directed, except assume that "fiancé" or "fiancé(e)" means
"spouse." answer Questions B.17 and B.18 by stating
"N/A." Note that filing this form is only necessary to
facilitate the entry of your spouse and her or his child as a
nonimmigrant.
|
| 5. |
G-325A
filled out by the US Citizen signed and dated.
|
| 6. |
One passport-type
photo (see specification)
of the US Citizen. Write the full name of the US citizen on
the back. Place in a plastic bag and label the bag "Photo of
<US Citizens Name>". Attach the
bag to a sheet of paper and place behind the corresponding G-325a. |
| 7. |
G-325A
filled out by the foreign fiance(e) signed
and dated. |
| 8. |
One passport-type
photo (see specification)
of the foreign Spouse. Write the full name of the foreign Spouse
on the back. Place in a plastic bag and label the bag "Photo
of <Foreign
Spouses Name>". Attach the bag to a sheet of paper and
place behind the corresponding G-325a. |
| 9. |
Copy of
the Birth certificate for the US Citizen (front and back) or a copy of ALL pages of the US Citizen's passport or a copy of the US Citizen's naturalization certificate (front and back). This is used
to establish citizenship. |
| 10. |
Copy of
the NOA1 from the I-130 |
| 11. |
A copy of your marriage certificate (If not in English then again get a translation) |
| 12. |
In regards to Section C Question 2, if applicable provide certified copies of all court and police records showing the charges and dispositions for any specified conviction(s) (in accordance with the IMBRA). See section 9 of the I-129f instructions for more information. |
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Mail I-129F
Package
Section 12 of the I-129F instructions lists where you should mail the completed form(s). For a K-3 Visa you should send the I-129F to the Service Center where the the underlying I-130 petition is currently pending. Use the address listed on your most recent receipt notice or transfer notice and include a copy of that notice with your Form I-129F. Mail the package with return
receipt requested / delivery confirmation. Send via USPS.
IMPORTANT!
Make TWO copies of the entire package before you send it in. This includes
checks too. You want to have a perfect replica of the package
you are sending in. Retain ALL originals. The USCIS has the
right to check them by issuing an RFE (Request For Evidence). If you receive
an RFE, follow the directions exactly, and make two copies of what you
sent back.
Once
you receive the NOA1 for the I-129F:
Note:
Begin assembling information for the interview - vaccination records,
I-134/I-864 supporting documents, and other items listed below that will
be necessary to send to your spouse for their interview.
Once
you receive the NOA2 for the I-129F:
Note:
The approved I-129F package will be forwarded to the NVC and then
to the embassy presiding over the country and region your spouse lives
in. Follow the instructions below regarding information needed by your
spouse for their interview.
What
to send to your Spouse once the I-129F is approved (NOA2):
| 1. |
A copy
of the entire I-129f and I-130 package (that you made when you
sent the petition in) and a copy of information that you sent
back due to an RFE (if you received one). |
| 2. |
I-134
/ I-864
Affidavit of Support form. Ensure it is signed, with all required supporting evidence. Some consulates
may require one or the other forms. You will need to verify
with the consulate which they require. You can call or email
the consulate to check ahead of time. Additionally, the consulate
will notify your fiance(e) via mail correspondence which they
prefer. Attempt to start collecting the required information
ahead of time, as it can often take several weeks to collect
it all. |
| 3. |
You will
need at a minimum (for the above form) two to three
of your most recent pay stubs and a signed letter from your
employer listing you job title, start date, your salary, and
the status (full-time) of your position. Begin collecting these
asap after your NOA2 arrives. You will also probably want to
include other evidence such as your banking information and
other assets as required by the I-134/I-864. |
| 4. |
A copy
of the NOA2 that you received in the mail. |
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NOTE: Tip Regarding Vaccination Records
The K-3/4 beneficiary will be required by the embassy to have a "medical" done prior to the visa interview. Part of this interview will require that previous vaccinations are documented and potentially additional required vaccinations performed. Once this is complete the doctor will note this on a DS-3025 form that will be sent to the embassy. During the medical appointment request an official copy of the vaccination records from the physician (or a copy of the completed DS-3025 if they will give it to you) as this will be helpful to have on hand in the future (specifically it can be helpful when filing for Adjustment of Status if your DS-3025 form is not available).
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