Form I-130 should be filed by the U.S. citizen or lawful permanent resident when applying for green card for the spouse or eligible alien relative. Legally wedded husband or wife is the spouse. For the alien spouse after marriage to an American citizen certain immigration benefits which are not available to other aliens are available. Being alien spouse you have first preference in the visa quota category paving way to get your green card without must wait time. In case of polygamy the first spouse only qualifies. Time is required only for USCIS or any of the American consulates to process the green card application. Documents required during filing should be proof for the information of the petitioner and applicant. The documents to be submitted with green card petition include the following: 1.Birth certificates: Photocopy of their original birth certificate should be submitted by both the Petitioner and the Alien. A copy of certified translation in English should be submitted if the document is in a foreign language. Photocopy of Birth certificate or the naturalization certificate got after applying for US citizenship can only be submitted as proof of U.S. citizenship since copy of U.S. passport is not considered substantial proof by USCIS. 2.Proof of Marriage: As proof of marriage a copy of marriage certificate should be attached. Since the U.S. law does not allow polygamy proof of termination of all previous marriages should be included if any. Legal documents verifiable in the country that issued are a must for death and divorce documents to show termination of marriages. Divorces must be final. Preference would be given to first spouse in case of any overlap in time in cases of legal marriage to two or more spouses at the same time. 3.Residence Requirements: Depends on the country in which the marriage took place. 4.Parental Consent: Each country has own rules for marriage age eligibility. Generally a written statement of consent before notary public by the parents is required if the age is below 18 years. Authentication by consular official of that foreign country in U.S. is also sometimes required. 5.Affidavit of eligibility to marry: In the form of certification by competent authority that no impediment exists to the marriage is required as legal proof of capacity to enter into a marriage contract in all civil law countries. Such an affidavit of eligibility to marry, subject to a fee, before one of the consular officials in the U.S. embassy or consulate with witnesses is required in some foreign countries. In U.S. this does not exist. 6.Filing fee and instructions: Current fees can be got online at www.us-immigration.com/filingfees.html or can be inquired about on phone by contacting local immigration office. The current fee is $420.To avoid time waste waiting for personal check clearance in banks, payments are preferred as money order or bank guaranteed checks. Effective Jan. 1, 2012, depending on where they reside in the United States, domestic petitioners will mail their stand-alone I-130 applications to either the Chicago Lockbox or the Phoenix Lockbox. When submitting Form I-130 along with Form I-485, Application to Register Permanent Residence or Adjust Status there will be no change in filing locations. Individuals should continue to mail them to the Chicago Lockbox facility, same for international petitioners as well.
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