Proof of Family Relationship: I-130 Petition – Family Based Green Card

You must prove that there is a family relationship between you and your relative to obtain a greencard.

Proof of Family Relationship: I-130 Petition - Family Based Green Card

  1. your husband or wife (spouse), submit the following documentation.
    1. A copy of your civil marriage certificate
    2. If either you or your spouse were previously married, submit copies of documents (divorce decrees, death certificates, or annulment decrees) that prove all prior marriages were legally terminated.
    3. A passport-style color photo of you and another passport-style color photo photo of your husband or wife taken within 30 days from the date of the petition filing. The photos must have a white background, be glossy and unretouched, and not mounted. The dimensions of the full-frontal facial image, from the chin to the top of the hair, should be about 1 inch. Using a pencil or felt pen, lightly print the name (and Alien Registration Number, if known) on the back of each photograph.
    4. A completed and signed Form G-325A, Biographic Information, for you and a Form G-325A for your husband or wife. Besides your name and signature, you do not have to repeat the information you provided on your Form I-130 petition on the Form G-325A.

    1. Documentation showing joint ownership or property; or
    2. A lease showing joint tenancy of a common residence; or
    3. Documentation showing commingling of financial resources; or
    4. Birth certificates(s) of a child or children 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 that establishes that there is an ongoing marital union.

    If you married your husband or wife whilst your husband or wife was the subject of an exclusion, deportation, removal, or rescission proceeding (including judicial review of the decision in one of these proceedings), this evidence must be sufficient to establish the bona fides of your marriage by clear and convincing evidence.

    If you have been married less than two years from when your spouse was granted lawful permanent resident status, your spouse will receive permanent resident status on a conditional status . You and your spouse must apply together to remove the conditions on residence. Please note: You must apply to remove conditional status within 90 days before the 2-year anniversary of the award date of your spouse’s conditional legal permanent resident status. If you fail to file during this time, your spouse will be considered out of status as of the 2-year anniversary and may be subject to removal from the U.S.

    It is possible for your spouse to come to the U.S. to live while the visa petition is pending. Read K3/K4 visa (spouse/children of U.S. citizen) and V visa (spouse/children of permanent residents)

    Child: Unmarried and under 21 years of age

    Son/Daughter: Being married and/or an age of 21 years and over.

    Note: If either you or your sibling were born out of wedlock (your birth parents were not married when you were born), you must provide evidence that you took the actions necessary to satisfy the legitimation law of the birth country of the person born out of wedlock while the individual was under 18 years of age and unmarried.

    Legitimation laws require fathers to legally acknowledge their children. Refer to the sections on legitimated children out of wedlock.

    Born in wedlock: Also give a copy of your parents’ marriage certificate establishing that your father was married to your mother before you were born, and copies of documents (divorce decrees, death certificates, or annulment decrees) showing that any prior marriages of either your father or mother were legally terminated.

    1. The marriage of your both parents, or
    2. The laws of the state or country where you live or were born, or
    3. The laws of the state or country where your father lives or was born

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