Once you have filled out all necessary fields on Form I-130 and answered each question to the best of your ability you must find and attach supporting documentation. The purpose of the documentation is to prove that you and your family member are related.
The documents should be copies of the original documents and will differ depending on whom you are filing for.
When filing for your spouse, you must include:
- A copy of your marriage certificate;
- Proof that any marriages before your current marriage was legally ended;
- A passport-style color photo of you and your spouse. Each photo must be taken within 30 days of filing the petition, have a white background, be glossy, unretouched, and measure 1 inch from your chin to the top of your hair;
- Form G-325A (Biographic Information). You will need one completed Form for you and another for your spouse;
- Joint property ownership;
- A lease showing that you are currently sharing a residence;
- Combined financial resources;
- Birth certificate(s) of any child(ren) born to you and your spouse;
- Affidavits (written, sworn oaths) completed by third parties confirming any of the bullet points listed above. Each Affidavit must include each person’s full name, address, date and place of birth, their relationship to you, and details of their knowledge of your relationship; and
- Additional documentation that shows proof of your marriage.
If you are the mother of the child, you must include a copy of their birth certificate that shows both your name and the name of your child.
If you are the father of a child, you must include their birth certificate that shows your name and your wife’s name and your marriage certificate.
If the child was born out of wedlock and you are the father, you must include evidence of your relationship with your child before they reached the age of 21. Some examples of evidence include proof that you lived with the child, supported the child, or showed interest in the child’s well-being.
A Brother or Sister
When filing Form I-130 for a brother or sister, you must include:
- A copy of your birth certificate;
- A copy of your brother’s or sister’s birth certificate that indicates that you share at least one common parent.
You must include a copy of your birth certificate showing both your name and your mother’s name.
You must include your birth certificate that shows the names of both parents. You must also include your parents’ marriage certificate that shows your parents were married before you were born. If either your mother or father was married prior to their marriage to each other, you must include documents showing their marriages were legally ended.
If you are filing Form I-130 for a stepparent or stepchild, you must include a copy of the marriage certificate between the stepparent to the child’s natural parent to prove that the marriage happened before the child turned 18.
You must also include documents that show any previous marriages were legally ended and a copy of the stepchild’s birth certificate.
Adoptive Parent or Adopted Child
If you are related to your relative by adoption, you must include the adoption decree showing that the adoption happened before the child turned 16.
If you also adopted the sibling of an adopted child, you must include the adoption decree showing that the adoption happened before the child turned 18.
If either of the two instances above apply to you, you must also show that each child resided with you, the adoptive parent, for at least 2 years before or after adoption and was in legal custody of the child during this time.