Tips For Preparing A Successful Spousal Petition

Tips For Preparing A Successful Spousal PetitionA spousal petition, also known as a marriage-based green card application, is a process through which a foreign national spouse of a U.S. citizen or permanent resident can obtain a green card and become a permanent resident of the United States.

Several steps can be taken to increase the chances of a successful spousal petition, and this article will provide tips and guidance on that.

Tip 1: Gather and Organize the Necessary Documentation

One of the key steps in preparing a successful spousal petition is gathering and organizing all necessary documentation. This includes documents that prove the validity of the marriage and the identity and immigration status of both spouses.

Some of the documents that may be required include the following:

  • Birth certificates.
  • Marriage certificate.
  • Proof of U.S. citizenship or permanent resident status of the petitioning spouse (e.g., a U.S. passport or green card).
  • Passports and travel documents of both spouses.
  • Evidence of the couple’s relationship (e.g., joint bank account statements, pictures together, etc.).

It is important to ensure that all documents are up-to-date and accurately reflect the couple’s current situation. Any discrepancies or inconsistencies in the documentation may cause delays or result in the petition being denied.

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Tip 2: Complete the Necessary Forms Properly

In addition to gathering and organizing the necessary documentation, it is also necessary to complete the required forms for the spousal petition. The main form for a marriage-based green card application is Form I-130, Petition for Alien Relative. This form must be completed by the petitioning spouse and submitted to USCIS along with the necessary supporting documentation.

Other forms that may be required include Form I-485, Application to Register Permanent Residence or Adjust Status, and Form G-325, Biographic Information, which may need to be completed by both spouses.

It is important to read and follow the instructions for each form carefully and to provide accurate and complete information. Any mistakes or omissions on the forms may cause delays or result in the petition being denied.

Tip 3: Submit the Petition to USCIS

Once all the necessary documentation has been gathered, and the forms have been completed, the next step is to submit the petition to USCIS. This can be done online through the USCIS website or by mailing the forms and supporting documents to the appropriate USCIS office.

It is important to remember that the processing times for spousal petitions vary and can take several months to several years to complete. It is advisable to check the status of the petition regularly and to follow up with USCIS if there are any delays or issues.

Tip 4: Work With an Attorney

While it is possible to prepare a spousal petition on your own, it is often advisable to work with an experienced immigration attorney to ensure that the process goes smoothly and to increase the chances of a successful outcome. An attorney can help with the following:

  • Reviewing and organizing the necessary documentation.
  • Completing and submitting the necessary forms.
  • Responding to requests for additional information from USCIS.
  • Advising on the best strategies for addressing any potential issues or challenges that may arise.
  • Representing the couple in any hearings or appeals.

Our attorneys can provide you with these and more. Speak with us for peace of mind and allow yourself and your spouse to focus on your relationship and other matters while the petition is being processed.

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