Can a Green Card Be Revoked Upon Divorce

The requirements for petitioning a strange citizen spouse for permanent residence (green carte) are more exhaustive than any other relationship. When filing Form I-130, Petition for Conflicting Relative, the petitioner must also submit other supporting documents to evidence the relationship. We've adult an I-130 checklist for spouses to help you through this process.

Immigration officials, from the U.South. Section of Land and also U.S. Citizenship and Immigration Services (USCIS), have an boosted layer of scrutiny for spousal relationships. Later all, sham marriages are one of the most common means to commit greenish card fraud. Immigration officials desire to be sure that your spouse is obtaining a light-green card based on a genuine human relationship.

This I-130 checklist assumes that you are filing the petition only. If you are filing Form I-130 every bit office of an adjustment of status application, additional forms must be filed and additional requirements may employ. If you are using CitizenPath's services to prepare an adjustment of status awarding, our filing instructions will detail the necessary supporting documents for your state of affairs.

I-130 Checklist Earlier You Begin Preparing the Petition

Before yous begin the petition, it'south helpful to review an I-130 checklist of items that y'all'll need to prepare the forms.

Petitioner'south Information

The petitioner is the U.S. citizen or lawful permanent resident who is filing the petition. The petitioner preparing Class I-130 will need to provide details most:

• Accost history for the past five years
• Dates previous matrimony(s) concluded (if applicable)
• Employment history for the past five years
• Previously filed petition for the beneficiary or any other strange national

Casher's Data

The beneficiary is the intending immigrant that wants to obtain a green card. The casher volition need to provide details about:

• Address history for the past v years
• Dates previous marriage(s) ended (if applicative)
• Employment history for the by five years
• I-94 data (if presently in the U.Southward.)
• Any previous clearing proceedings

I-130 Checklist of Items to Submit with Spousal Petition

When filing Form I-130, Petition for Alien Relative, it'southward extremely of import to prepare a complete petition packet with all of the necessary supporting documents. USCIS may have to ship a Request for Testify (RFE) if whatsoever information is missing. This additional stride will probable impact the fourth dimension it takes to approve the petition.

• USCIS Filing Fee

  Submit $535 payment for your USCIS fees. Brand the check or coin order payable to U.South. Section of Homeland Security. (Current fee at the time of writing this commodity.)

• Encompass alphabetic character (optional)

  USCIS does non require a cover alphabetic character. However, a cover letter can help itemize the documents that you are submitting and clarify any boggling circumstances that you may have. Review a sample I-130 cover letter.

• Form I-130, Petition for Alien Relative

  Submit an accurately prepared petition. The best way to proceed your instance on schedule is to make full out the class correctly and neatly. Don't forget to sign.

• Grade I-130A, Supplemental Data for Spouse Beneficiary

  Form I-130A is only required for the beneficiary spouse. If your spouse is outside the United States, he or she is not required to sign Form I-130A.

• Proof of status

  If yous are a U.Southward. citizen, submit a photocopy of a nativity certificate (if U.Southward. born), passport, naturalization certificate, document of citizenship, or consular report of birth abroad. If y'all are a lawful permanent resident, submit a photocopy of both sides of your green card or other proof of permanent residence.

• Marriage certificate

  Include a copy of your union certificate to prove that in that location is a family unit relationship between you and your spouse.

• Proof of previous marriages terminated

  If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated such as a divorce prescript or death document (if the marriage was terminated due to the expiry of a spouse).

• Passport photos

  Submit two passport-style color photos of yourself and 2 passport-fashion color photos of your spouse taken within 30 days of filing the petition. (This requirement is waived for the beneficiary if he/she is residing outside the Us.)

• Show of a bona fide marriage

  Include evidence that you have a bona fide wedlock. Information technology's important to demonstrate you married for genuine reasons, non to evade U.Southward. immigration laws for the purposes of obtaining a green menu. You lot'll need to submit copies of documents that show evidence of shared financials liabilities, assets, insurance, tax filings, birth certificates of child born in to the marriage, or other documents that you lot feel shows your bona fide human relationship. Read Evidence of Bona Fide Matrimony to Support a Spousal I-130 Petition for more extensive data and case bear witness.

Cases May Vary

The case I-130 checklist described higher up is for a typical case. Depending on your specific example and how yous answers questions on the petition, additional documents and/ prove may be required at the time of filing.

Upon completing the petition on CitizenPath.com you will receive a more than detailed I-130 checklist of items to submit with the spousal petition. The personalized instructions are based on your answers in the petition. Therefore, special considerations for factors like children, visa overstays and other questions will be addressed (if they apply to yous).

What about Form G-325A?

Prior to the 02/27/2017 edition of Form I-130, USCIS required petitioners to submit a completed Class G-325A, Biographic Information, for both spouses (petitioner and beneficiary) with the Class I-130. However, USCIS no longer requires this class. That's because the biographic data questions are now a function of Form I-130 and Course I-130A. The petitioner's biographic information is on the Form I-130, and the beneficiary's information is on the Form I-130A. Do not submit Form G-325A with your petition.

Visa Overstays

Sure individuals who have accumulated a period of "unlawful presence" in the United States could take a legal obstacle to getting a green card. Unlawful presence includes any fourth dimension spent in the U.Due south. by a foreign national:

• Who entered the U.S. without inspection and admission or parole; or
• Whose lawful immigration status expired or was rescinded, revoked, or otherwise terminated.

Therefore, whatever time spent in the U.Due south. beyond what is authorized on an I-94 record (visa overstay) is a flow of unlawful presence. Equally a general dominion, persons that have a menstruation of unauthorized stay should seek the assistance of an immigration chaser when applying for a green card.

There is an exception for the immediate relatives of U.S. citizens. Therefore, if you lot are a U.South. citizen petitioning a spouse that's currently in the United States with an overstayed visa, your spouse may be able to suit status.

RECOMMENDED: Spousal relationship to a U.Due south. Citizen after a Visa Overstay

Almost CitizenPath

CitizenPath provides simple, affordable, step-by-footstep guidance through USCIS immigration applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to ready clearing forms accurately, avoiding costly delays. CitizenPath allows users to try the service for free and provides a 100% coin-back guarantee that USCIS will approve the awarding or petition. We provide support for the Petition for Alien Relative (Course I-130), Adjustment of Status (Grade I-485), Citizenship Application (Form Due north-400), and several other pop forms.

Note to Reader: This mail was originally published on July 25, 2017, and has been modified with improvements.

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Source: https://citizenpath.com/form-i-130-checklist-for-spouses/