I-130 Petition For Alien Spouse: Fill & Download for Free

Yes, as a green card holder you can petition for certain family members to also be able to immigrate to the US. The family members you can petition for include:SpouseUnmarried children under the age of 21Married son or daughter of any ageSince you are interested in applying for your spouse, then you would need to do the following:File Form I-130, Petition for Alien RelativeProvide proof that you have a green cardProvide adequate proof of your marriage (such as with a marriage certificate)As other answers touch on, special conditions may apply considering your specific situation. For example, if you or your family member are in the U.S. military.As far as the length of time is concerned, the relationship you have with the person impacts preference classification. The preference classification for a spouse is Second Preference (2A). Because family-based visas are offered on a quota-basis there can be a considerable wait time that can vary.It’s important that you fill out the proper paperwork and include all necessary documents. An immigration attorney can help you. LawTrades offers access to skilled immigration attorneys that can help you streamline the process as much as possible. We offer transparent, fixed rates and flexible payment options to suit a variety of budgets. Contact us today for more information.

If you're already in the United States legally and you get married in the United States, your procedure is, once you're married, for your spouse to file for family-based immigration to admit you (as his or her spouse) to the United States as a permanent resident. File the I-130 (petition for an alien relative) and I-485 (petition to adjust status) simultaneously. Filing the I-485 will generally permit you to remain in the United States pending the adjudication of the I-485 even if your original permission to remain in the United States expires before the I-485 petition is adjudicated. (But don't leave the United States while that petition is pending unless you intend to abandon the petition.)Note also that entering the United States on a B visa or on the visa waiver program with the intent to get married and become a lawful permanent resident would be a violation of the B visa/visa waiver program and may lead to the denial of your I-485 unless you can convince the adjudicator that reviews your I-485 that you did not enter the United States with the intent to marry a US citizen for the purpose of obtaining US residency.See Bringing Spouses to Live in the United States as Permanent Residents for more information. You'll probably want to engage an attorney; USCIS scrutinizes petitions for alien spouses extremely closely because there is a great deal of fraud in this area and it is difficult to get approval without the assistance of experienced counsel.

USCIS used to assign the service center for I-130 petitions based on state of the petitioner, but it does not do that anymore.If you are a US citizen filing an I-130 for a foreign spouse living abroad, submit your application to either the Chicago or Phoenix USCIS lockbox based on the state that you reside. See the USCIS I-130, Petition for Alien Relative webpage for details. More specifically, here is the USCIS website for Direct Filing Addresses for Direct Filing Addresses for Form I-130, Petition for Alien Relative.After the USCIS lockbox gets the application and deems everything is in order, they send it to one of several USCIS service centers for review and adjudication. These USCIS service centers include:California Service CenterNebraska Service CenterPotomac Service CenterTexas Service CenterVermont Service CenterThe assignment to one of these is not based anymore on the state that the petitioner lives. It used to be that way.Now, USCIS assigns cases to service centers based on the balancing work load of the service centers. For example, I live in Vermont, but my I-130 petition for my wife was assigned to the Potomac service center. I have seen petitioners that live on the east cost assigned to California or Texas and petitioners that live on the west cost assigned to Vermont or Potomac. Again, now it is based on balancing service center workload.The only way to know what service center that you are assigned is to read it on your I-797C, Notice of Action, when you get it after submitting the I-130 petition package. Look in the bottom left hand corner.I write free information and articles on the US fiancé and spouse visa processes along with adjusting to new life in the USA on my website and blog. See my website and blog in my biopage.