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Who is able to fill out the I-130 form?

Boardman, OH |

I'm foreigner, got married to an american citizen, about to fill out the I-130 form, need to know more about the alien characteristics, my spouse is working for BK restaurant, and she doesn't make enough money, can she fill out the petition of alien relative? What's the difference between a petitioner for alien relative and a petitioner for a sponsoring to get a green card?

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Attorney answers 5

Best Answer

She need to complete forms I-130 and I-864 on your behalf. However , since she does not make enou ph money , you need another person who is either us citizen or permanent resident to be co-sponsor and also file I-864 on your behalf.


I suggest finding a licensed immigration attorney to prepare your filing legally and correctly. You have to adjust your status one time, but do it properly.

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She can complete an I-130 to sponsor you for a green card. She may need a co-sponsor for the affidavit of support.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


Yes she can fill out the petition. However, the I-130 is only the first step in the process. The next step would be the adjustment of status. Speak with a licensed immigration attorney to help guide you through this process.


LORIC, Immigration Solutions

(Free Initial Consultation)

Rodrigo Ivan Canido
Managing Attorney

3333 Bowers Ave, Suite 130
Santa Clara, CA 95054
Tel: 650-279-5933

The response given is general in nature and does not create an attorney / client relationship. The answer given may also not account for other facts unknown to the attorney. For a more detailed evaluation you should consult with a licensed immigration attorney.


She may petition for you and complete the I-130. She will also need to complete an affidavit of support and there are several other documents and applications that are required. You do not provide enough information to determine if you are eligible to adjust your status in the US or if you will need to depart the US to obtain resident status. Make an appointment and work with an attorney.