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Please note Filing Instructions for the filing of the I-130. See Form Page on where to file.
Required Forms (as per the I-130 Instructions):
You will need the latest version of the free Adobe Reader to use these forms. You can download the Reader HERE. Or you can download a trial version of Adobe Acrobat 8 Professional HERE
Download the I-130 Petition for Alien Relative HERE
Download the G-325A (if applicable) HERE
The above forms are fillable. If you cannot fit something in via typing, you can write it in by hand neatly using a black pen. You can also attach a continuation sheet, indicate the item number, and date and sign each sheet. It is recommended to use blue pen for signing so as your signature is not mistaken erroneously as a copy. (There has been reports of RFE's for signatures in this regard)
ALWAYS check the form download page at uscis.gov for current fee and SPECIAL INSTRUCTION information
Translations
All supporting documents must be in English or be translated.
Translations. Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct, and by the translator's certification that he or she is competent to translate the foreign language into English.
Per the USCIS, documents not in English must be translated. The policy states as follows:
"All documents that are in a language other than English must be submitted with a translation. The person translating the document must certify that the translation is complete and accurate and that he/she is competent to translate from the foreign language into English."
All translations must include a statement similar to the following:
Certification by Translator:
I (typed name) , certify that I am fluent (conversant) in the English and (type the foreign language) languages, and that the above/attached document is an accurate translation of the document attached entitled (name of document).
Signature ______________________ Typed Name _________________
Date ___________ Address _____________________
Original Documents
USCIS no longer requires original copies of documentation submitted with your petition. You MUST however submit an original I-129F and G-325A's as well as the originals of any certified translations. Any signatures must also be in the original, not a copy of.
Note: An adjudicating officer may request the original of any document submitted if it is deemed necessary.
Above all else, please read the I-130 instructions carefully as many of your questions are answered there.
IMPORTANT NOTE: Take your time when assembling your package. Ensure that all questions are answered, and forms signed. Ensure that you have all the documentation and evidence needed to submit with your petition. Care taken at this stage will assist greatly in avoiding an RFE (Request for Further Evidence) or ultimately a denial of your petition. See the new rule on RFE's, NOID's (Notice of Intention to Deny) and amendments to the Adjudicators Field Guide 'Removal of the Standardized Request for Evidence Processing Timeframe'
NOTE: Keep a copy of everything submitted to USCIS including copies of the completed I-130 and G-325A's (if applicable). This will assist if anything is lost and/or to send to your foreign relative prior to the consulate interview so he/she is familiar with all that has been submitted. Please also retain copies of the NOA1 & 2 and put the originals in a safe place. It is costly to obtain a duplicate of the NOA2 if it is lost or misplaced.
See Adam Walsh Child Protection Act of 2006 as it applies to petitioning HERE
Last Name First - No Joking Matter
Posted Dec 04, 2003 by murthy.com >>>>> HERE
Interesting and helpful article on how to complete questions relating to your name on immigration forms.
Payment as required by USCIS. Check or money order in the exact amount. Make the check or money order payable to Department of Homeland Security. Please note the fee increases effective July 30, 2007
Cover Letter. (Optional) Should include a description of what your are petitioning for (I-130), a table of contents listing all that you have included in your package. Signed and dated.
Form I-130 Petition for Alien Relative. Please remember to list all children of your spouse.
Evidence of your U.S. citizenship. Submit either - a copy of your U.S. birth certificate (front and back) issued by the civil registrar, vital statistics office, or other civil authority; or a copy of your U.S. passport (all pages including front and back) ; or a copy of your Certificate of Naturalization, or your Certificate of Citizenship (front and back) (If applicable); or a copy of petitioner's proof of permanent residency.(If applicable)
(Please see USCIS Form I-130 for information on the use of copies and what can be submitted if the above documents are not available.)
G-325A completed and signed by the USC petitioner. (4 pages)
G-325A completed and signed by the beneficiary. (4 pages)
Passport-style color photograph of the USC petitioner AND one of the beneficary taken within 30 days of filing. See specifications HERE. Lightly print the name (and Alien Registration Number, if known) on the back of each photograph using a pencil or felt pen. Place photos in a small plastic bag or envelope and attach to a sheet of paper or directly to the I-130.
A copy of your marriage certificate obtained on registration of your marriage. (plus translation if not in english.)
A copy of any final divorce decrees, death certificates, or annulment decrees if either you or your spouse have been previously married. (These need to be the court certified documents)
If either the US Citizen and/or foreign spouse is using a name other than that shown on the documents submitted, you must give USCIS copies of the legal documents that made the name change, such as a marriage certificate, name change certificate, adoption decree or court order.
Evidence of a bona fide marriage (as per Section 7 of the I-130 instructions). You should submit one or more of thefollowing types of documentation that may evidence that bonafides of your marriage:
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 financial resources; or
4) Birth certificate(s) of child(ren) born to you, the petitioner, and your spouse together; or
5) Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage); or
6) Any other relevant documentation to establish that there is an ongoing marital union.
If you have circumstances that are unique, you can detail this in a separate attachment. Dated and signed.
*Optional* A copy of the foreign spouse's birth certificate. Can be beneficial and is sometimes requested via an RFE when your case is being adjudicated.
Remember, ALL supporting documents must be in English or be translated.
Important Note to those that will also file the I-129F petition for the K-3:
In Oct, 2006 USCIS implemented a new process of retaining the approved I-130 at the National Records Center (NRC) if the I-129F has already been approved; assuming that the foreign beneficiary will apply to adjust status in the US from the K-3. At present it has not been ascertained as to the entire circumstances under which the I-130 shall be retained due to there not being enough experiences to fully understand this new process. Keep an eye on the respective forums for updates. Read more here >>>>>
Important Note for those who have a child/children that will immigrate with their parent
A separate I-130 must be filed for the child by the US citizen spouse if they will be applying for an Immigrant Visa. See Filing Instructions for a Child below.
Note: If an I-129F will also be filed for the spouse for the K-3 visa, and this is the path you choose to take, there is no petition required to be filed for a child for the K-4 visa. The K-4 visa is a derivative of the K-3. See Children have Derivative Status.
However, many choose to file an I-130 for a child at the same time an I-130 is filed for the spouse, due to the fact that it will be required at the adjustment of status if entry is made on the K-4, and also means that if circumstances change and it is decided to go the Immigrant Visa route, that there is an approved petition for the child, as there is no derivative status for the Immigrant Visa.
Are you a member of the Military?
Members of the U.S. military and their families stationed around the world are now able to call U.S. Citizenship and Immigration Services (USCIS) for help with immigration services and benefits using a dedicated, toll-free telephone help line, 1-877-CIS-4MIL (1-877-247-4645)
• Tracking their application for naturalization (Form N-400);
• Notifying USCIS of a new mailing address or duty station;
• Checking the status of an application or petition;
• Bringing a spouse, fiancé(e) or adopted child to the United States;
• Obtaining posthumous citizenship for a deceased member of the Armed Services; and
• Submitting an application for expedited processing.
Definition of a Child
The immigration law defines a “child” as an unmarried person under the age of 21 (a minor) who is
A child born to parents who are married to each other (born in wedlock)
A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18
A child born out of wedlock (the parents were not married at the time the child was born). Note: If the father is filing the petition, proof of a bona fide (real and established) relationship with the father must be supplied.
An adopted child if the child was adopted before the age of 16 and has lived with the adoptive parent(s) in their legal custody for at least two years
An orphan under the age of 16 when an adoptive or prospective adoptive parent files a visa petition on his or her behalf, who has been adopted abroad by a U.S. citizen or is coming to the U.S. for adoption by a U.S. citizen, or
A child adopted who is under the age of 18 and the natural sibling of an orphan or adopted child under the age of 16, if adopted with or after the sibling. The child must also otherwise fit the definition of orphan or adopted child
Definition of a Son or Daughter
An unmarried “son or daughter” is a person who was once a “child” but who is now 21 years of age or older. A “married son or daughter” is a person who has a recognized parent-child relationship, but who is also married, regardless of age.
Assembling your Package:
If you are a U.S. citizen applying to bring a childor son or daughter to the United States to live and you are the mother of the child, you must file the following with U.S. Citizenship and Immigration Services:
Form I-130, Petition for Alien Relative
A copy of your birth certificate or U.S. passport
If you were not born in the United States, a copy of either:
your Certificate of Naturalization or Citizenship or
your U.S. passport
A copy of the child’s birth certificate showing your name and the child’s name
If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.
If you are a U.S. citizen and the father or stepparent of the child or son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:
Form I-130, Petition for Alien Relative
A copy of your birth certificate or U.S. passport
If you were not born in the U.S., a copy of either:
your Certificate of Naturalization or Citizenship or
your U.S. passport
A copy of the child’s birth certificate showing the child’s name and the names of both parents
A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18th birthday)
A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse
Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child’s birth certificate displaying the father’s name, evidence showing that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary.
If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.
All supporting documents must be in English or be translated.
I-130 General - Guides to Filing the I-130 Petition
Filing Instructions for the filing of the I-130. See 
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