I'm a US citizen by birth. I need to file I-130 to start the green card for my wife, she currently in the US as F1 visa. What documents does the USCIS need with this form in order to approve it. Do they need my wife birth certificate.
Yes, they need her birth cert and a translation. Is she filing the I-485 as well?
For more info on the process please see
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2 lawyers agree
There is alot of documents to be submitted, if you are not hiring an attorney (which i think yoou should) read the instructions for I-130 and I-485, you can also file I-765 and I-131 and read the intructions for theses forms as well. There are more forms that have to be filed including affidavit of support. It will be very hard to explain everything that needs to be done here on Avvo.
If your wife is currently in the US as a student, you will likely want to file the I-130 immigrant visa and I-485 adjustment of status both at the same time. You will need your birth certificates, marriage certificate, any prior divorce decrees, and your tax returns. You will also need to show the good faith nature of your marriage and life together - typically using evidence of a shared residence and shared finances.
You will want to consult an experienced immigration attorney. Make sure you take your wife along! It is not just about the forms you file.
The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
There are a lot of documents included with the I-130 petition and many of those are based on your specific case. I agree with most attorneys who advise you to seek help because I-130 for an F1 should be done right. Best wishes.
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