Question: I am a U.S. citizen. My spouse is in China. I plan to submit Form I-130 to apply for an immigrant visa so she can travel to the U.S. and obtain a green card. What documents do I need to submit with Form I-130?

Answer: If your foreign spouse is outside the U.S. and wants to immigrate to the U.S., the first step is to file Form I-130. Together with Form I-130, you must also submit supporting documents to prove that your spouse is eligible to immigrate to the U.S. Here is a checklist of the required documents:

U.S. Petitioner’s Required Documents 

• Proof that the Petitioner is a U.S. citizen or U.S. permanent resident: birth certificate (if born in the U.S.), Naturalization Certificate (if naturalized), valid U.S. passport, or green card.
• If previously married: Divorce judgment or prior spouse’s death certificate.
• Two passport-style photographs (2″x2″, white background).

Foreign Beneficiary’s Required Documents

• Passport biographical page. 
• Birth certificate. 
• If previously married: Divorce judgment or prior spouse’s death certificate. 
• If any criminal record: Certified copies of complete criminal case. 
• Two passport-style photographs (2″x2″, white background).

Proof of Genuine Relationship

• Marriage Certificate
• Proof of cohabitation: Deed or lease showing both parties’ names, or letters or bills showing both parties’ names and address, for example utility bills, government notices.
• Proof of joint accounts and assets, for example: Monthly statements for joint bank accounts, monthly statements for joint credit cards, deeds to property in both parties’ names, life insurance policies, health insurance policies, titles to vehicles in both parties’ names, utility bills in both parties’ names.
• Photos together, including marriage ceremony photos and everyday photos.
• Letters from two friends or family members explaining how the friend/family member knows the Petitioner and Beneficiary and providing observations showing the Petitioner and Beneficiary have a genuine marriage relationship. 
• Letters from the Petitioner and Beneficiary explaining how they met and decided to marry.

Note that all documents must be submitted in English. If any documents are not written in English, then the document must be submitted with a certified English translation of the document.

What is Form I-130?

Filing Form I-130 is the first step to apply for an immigrant visa for a foreign spouse who is outside the U.S. By itself, Form I-130 does not give the Beneficiary any residency status. But after Form I-130 is approved, the foreign Beneficiary can then apply for a visa to immigrate to the U.S. 

Form I-130 has three purposes:

(1) Informs USCIS that a person with a family relationship to a U.S. citizen or a green card holder wants to immigrate to the U.S.,

(2) Creates a “priority date” for the person seeking to immigrate, and

(3) Allows USCIS to evaluate proof of the family relationship.