Filing a Family-Based Immigration Petition for a Spouse of a Lawful Permanent Resident
Who should buy this package?
You should buy this package if you think that you are up to the challenge of dealing with the U.S. immigration system without an attorney, but you would like a bit of guidance before taking the plunge! This package contains helpful information for Lawful Permanent Residents (a/k/a “Green Card” holders) seeking to file family-based immigration petitions on behalf of their spouses.
Please note that, even once a family-based petition is approved, family members of Green Card holders will need to wait their turn in line for a visa to become available. Based on current wait times, a spouse of a Lawful Permanent Resident can reasonably expect to wait at around two years for a visa to become available.
Please further note that the approval of a family-based petition for a spouse of a Green Card holder does not provide the spouse with any immigration benefits until the spouse’s visa becomes available. Even after this type of petition has been approved, the spouse will not have any status in the United States, and the spouse cannot use the approved family petition as a way to enter the United States before his or her visa becomes available. In order to get a Green Card, the spouse must comply with U.S. immigration laws while he or she waits for his or her visa.
What is in this package?
- Overview of the process of filing an I-130 Family Petition on behalf of a Spouse of a Lawful Permanent Resident.
- Checklist of forms and evidence that you will need to submit with your application.
- Step-by-step instructions, which will guide you through the process of collecting necessary evidence, filling out your paperwork, and properly filing the petition with United States Citizenship and Immigration Services (USCIS).
- Example “Certificate of Translation,” which you will need if your application will contain any document written in a language other than English.
- Sample Cover Letter. You shouldn’t judge a book by its cover, but USCIS does sometimes judge a family petition by its cover letter! Following this template will help to ensure that your application is not erroneously rejected in USCIS’s mailroom.
- Sample Affidavits. If you would like to have friends or family members write to USCIS about your family’s relationship, following this template will help to ensure that USCIS gives the written testimony full evidentiary weight.
- Blank Immigration Forms, including the most common forms that are filed with immigrant petitions filed on behalf of unmarried sons or daughters of Green Card holders.
- Frequently Asked Questions, answering some of the most common questions that applicants have when filing family-based immigrant petitions.
How to use this package?
Follow the step-by-step instructions on how to complete, assemble, and file a successful spousal petition with USCIS. The package starts with an overview of the process, provides a checklist of the documents that you’ll need to submit with your application, and provides detailed instructions for how to complete each form. The package also contains instructions for preparing your application for mailing, and an explanation of what will happen once the family petition is approved. Following the instructions in this package may prevent you receiving a Request for Additional Evidence on your application, or, worse, a denial.
Special instructions
This guide is intended to provide instructions only as to the initial petition for a spouse of a Green Card holder. It does not provide detailed instructions as to how the spouse can obtain a Green Card after the two-year wait. If your spouse’s family petition has already been approved and a visa is now available for him or her, you should speak with an experienced immigration attorney in order to get specific, individualized instructions for how your spouse can obtain his/her Green Card.
Please note that if the spouse has a serious criminal history or history of immigration violations, they may never be eligible to obtain a Green Card. If you are concerned about your spouse’s criminal record or immigration history, you should consult with an experienced immigration attorney prior to filing any immigration paperwork on their behalf.