 Step
1. Fill out I-130 and G-325A on your
computer and print. 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 USCIS website.
 |
Assembling the I-130 Package:
Checklist
Forms and Documents
(follow these assembly instructions. All supporting documents
must be in English or be translated)
| 1. |
Form I-130: Petition for Alien Relative |
| 2. |
Copy of the full Birth certificate
(front and back) for the U.S. citizen or a copy
of ALL pages of the U.S. .citizen's passport. This
is used to establish citizenship. |
| 3. |
A copy of petitioner's proof of naturalization.
(If applicable) |
| 4. |
A copy of petitioner's proof of permanent
residency. (If applicable) |
| 5. |
A copy of your marriage
certificate (If not in English then get a translation) |
| 6. |
If either you or your
spouse were previously married, submit copies of
documents showing that all prior marriages were
legally terminated (court certified copies of the
petitioner's and/or intending immigrant's divorce
documents). |
| 7. |
A copy of a prior spouse's
death certificate. (If one or both of you were married
before, and the prior spouse died) |
| 8. |
G-325A (all four pages)
filled out by the U.S. citizen, signed and dated. |
| 9. |
One passport-type photo
of the petitioner. Write the full name on the back.
Place in a plastic bag and label the bag "Photo
of <Insert Name>". Attach the bag to
a sheet of paper and place behind the corresponding
G-325a. |
| 10. |
G-325A (all four pages)
filled out by the non-U.S. citizen spouse signed
and dated. |
| 11. |
One passport-type photo
of the spouse. Write the full name of the beneficiary
on the back.
|
|
USCIS Service Centers
-California
-Texas
-Vermont
-Nebraska |
| |
| Step
2. A few weeks after you have sent
your petition to the USCIA, they will send you a Notice of Action
letter indicating that they have begun processing your
I-130 application. You can check the status of your application
as well as other processing time information at USCIS website. |
| |
Step
3. A few weeks after you have received
your last Notice of Action indicating the approval and
forwarding of your I-130 application to the NVC, the NVC
will send your relative a packet of forms that you and
your relative must fill out before your relative can be
given an interview date with a consulate abroad. The packet
will likely contain an Of-169 form, and an Of-230 part
one and two forms that must be filled out by the intending
immigrant. An I-864 form is also included that must be
filled out by the petitioner (living in the U.S.). The
I-864 is the Affidavit of Support form that requires copies
of the petitioners past 3 U.S. tax returns (or tax transcripts
which are free from the IRS) as well as any bank or financial
records available (see the I-864 for exact requirements
based on your case). The petitioner must make at least
125% above the U.S. federal poverty to indicate to the
U.S. Government that the intending immigrant will not
become a federal charge to the Government when he/she
arrives in the USA. If the petitioner cannot meet these
requirements, then he/she must still file an I-864, and
find a joint sponsor who can meet the requirements on
his/her own. When a joint sponsor is needed ,proof of
their U.S. Citizenship or Permanent Residency is required.
(i.e. copy of birth certificate, immigration status etc).
The joint sponsor must be residing in the U.S., and he/she
must also submit his/her past 3 years U.S. Tax Returns
along with bank or any other financial records available.
The joint sponsor must submit his/her own I-864 form to
accompany the petitioner's I-864 form.
before an interview date with a consulate abroad can be
scheduled are as follows: |
| |
Pre-Interview Forms / Items:
| 1. |
Completed and signed OF-169. |
| 2. |
Completed and signed Of-230 Part
1 and 2 forms. |
| 3. |
I-864 Affidavit of Support Form along
with past 3 year U.S Tax Returns (or transcripts)
and any other financial documents required. |
| 4. |
A copy of intending immigrant biographic
page of passport(s) including expiration date. |
| 5. |
Original or certified
"of" birth certificate.
|
| 6. |
Original adoption decree.
(if applicable) |
| 7. |
Marriage certificate.
(if applicable) |
| 8. |
Divorce decree or death
certificate (if applicable) |
| 9. |
Police certificate |
| 10. |
Court and prison records.(if
applicable) |
| 11. |
Custody records. (if
applicable) |
|
After the NVC or consulate abroad receives the above forms
and supporting documents. The NVC or the consulate abroad
will send your relative a letter indicating at what time
and day the interview is scheduled for, and of required
forms that must be brought to the interview. Make two
copies of each original document or piece of evidence
below and bring them with you. Documents needed are: |
| |
Interview Forms / Items:
| 1. |
Valid Passport. |
| 2. |
Original or certified "of"
birth certificate. |
| 3. |
Original adoption decree. (if applicable)
|
| 4. |
Original or certified copy of the
marriage certificate. (if applicable) |
| 5. |
Original divorce decree.
(if applicable) |
| 7. |
Police certificate. |
| 8. |
Court record (if applicable).
|
| 9. |
I-864 Affidavit of support
form along with past 3 year U.S. Tax Returns (or
transcripts) and any other financial documents required.
|
| 10. |
Court and prison records.(if
applicable) |
| 11. |
Medical examination
information |
| 12. |
Two passport-type photos
of the spouse |
|
| |
Step 4. After NVC receives case
from USCIS. And NVC generates and sends a copy of DS-3032
to the petitioner and the alien at the same time.
|
The
petitioner side
| 1. |
The petitioner sends back the AOS
bill payment. |
| 2. |
AOS bill entered into NVC system. |
| 3. |
I-864 package generated. |
| 4. |
Petitioner receives I-864 package. |
| 5. |
Petitioner completes
and sends the I-864 package. |
| 6. |
I-864 package entered
into NVC system. |
| 7. |
If more info/evidence
is required, then NVC will generate and send a checklist. |
| 8. |
Case completed. |
| 9. |
Case forward to Embassy. |
|
| |
The alien side
| 1. |
The alien completes and sends the
DS-230 |
| 2. |
DS-230 entered into NVC system. |
| 3. |
Immigrant visa bill generated. |
| 4. |
Agent receives the IV bill. |
| 5. |
Agent sends back the
IV bill payment. |
| 6. |
IV bill entered into
NVC system. |
| 7. |
DS-230 package generated. |
| 8. |
Agent receives DS-230
package. |
| 9. |
Agent sends complete
DS-230 plus documentation require by NVC. |
| 10. |
DS-230 package entered
into NVC system. |
| 11. |
If more/evidence, then
NVC will generate and send a checklist. |
| 12. |
Case completed. |
| 13. |
Case forward to Embassy. |
|
| |
| Once your spouse has been
granted a K3 visa, they will be able to come live with
you in the United States. Because the K3 is a "multiple
entry" visa, they can travel using their K3 visa,
and they can obtain permission to work with their K3 visa.
However, if possible, once they arrive you should ordinarily
pursue an adjustment of status application based on their
pending immigration petition as soon as possible in order
to help ensuring that they become a legal permanent resident
(or at least have an application to become a legal permanent
resident pending) before their K3 visa expires. It is
also possible (and probably best) to secure permission
for them to work and travel related to their adjustment
of status application, rather than simply relying on their
K3 visa. Similar considerations applied for your spouse's/your
minor children if they come to the USA. on a K4 visa.
|
| |
