Proof of Family Relationship: I-130 Petition – Family Based Green Card

You must prove that there is a family relationship between you and your relative to obtain a greencard.

If filing for

1. your husband or wife (spouse), submit the following documentation.
   1. A copy of your civil marriage certificate
   2. If either you or your spouse were previously married, submit copies of documents (divorce decrees, death certificates, or annulment decrees) that prove all prior marriages were legally terminated.
   3. A passport-style color photo of you and another passport-style color photo photo of your husband or wife taken within 30 days from the date of the petition filing. The photos must have a white background, be glossy and unretouched, and not mounted. The dimensions of the full-frontal facial image, from the chin to the top of the hair, should be about 1 inch. Using a pencil or felt pen, lightly print the name (and Alien Registration Number, if known) on the back of each photograph.
   4. A completed and signed Form G-325A, Biographic Information, for you and a Form G-325A for your husband or wife. Besides your name and signature, you do not have to repeat the information you provided on your Form I-130 petition on the Form G-325A.
      
   
   
   As evidence of your bona fide marriage, you should submit one or more of the following types of documentation:
   1. Documentation showing joint ownership or property; or
   2. A lease showing joint tenancy of a common residence; or
   3. Documentation showing commingling of financial resources; or
   4. Birth certificates(s) of a child or children born to you (the petitioner) and your spouse together; or
   5. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage); or
   6. Any other relevant documentation that establishes that there is an ongoing marital union.
      
      
   
   
   If you married your husband or wife whilst your husband or wife was the subject of an exclusion, deportation, removal, or rescission proceeding (including judicial review of the decision in one of these proceedings), this evidence must be sufficient to establish the bona fides of your marriage by clear and convincing evidence.
   
   If you have been married less than two years from when your spouse was granted lawful permanent resident status, your spouse will receive permanent resident status on a conditional status . You and your spouse must apply together to remove the conditions on residence. Please note: You must apply to remove conditional status within 90 days before the 2-year anniversary of the award date of your spouse’s conditional legal permanent resident status. If you fail to file during this time, your spouse will be considered out of status as of the 2-year anniversary and may be subject to removal from the U.S.
   
   Petition to Remove Conditions on Permanent Residence Based on Marriage
   
   It is possible for your spouse to come to the U.S. to live while the visa petition is pending. Read K3/K4 visa (spouse/children of U.S. citizen) and V visa (spouse/children of permanent residents)
   
   
2. Child or Son/Daughter :
   
   Child: Unmarried and under 21 years of age
   
   Son/Daughter: Being married and/or an age of 21 years and over.
   
   If you are a U.S. citizen mother or lawful permanent resident father or stepparent of the child, the documents required are:
   • A copy of the child’s birth certificate showing your name and the child’s name
     
     
   
   If you are a U.S. citizen father or stepparent or a lawful permanent resident father or stepparent of the child,
   • A copy of the child’s birth certificate showing the child’s name and the names of both parents
   • A copy of a civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18th birthday)
   • A copy of any divorce, death certificate, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse.
   • Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child’s birth certificate displaying the father’s name, evidence showing the father and child at some point lived together, the father held out the child as his own, has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern and interest for the child. However, if the law of your or your child’s residence considers the child legitimated, you do not need to provide additional information. A blood test proving paternity may also be necessary.
     
     
   
   If you are a U.S. Citizen and the adoptive parent of a child/son/daughter or if you are a lawful permanent resident adoptive parent of the child or unmarried son or daughter,
   • A copy of the child’s birth certificate showing the child’s name
   • A certified copy of the final adoption decree (the adoption must have taken place before the child reached the age of 16, with only one exception; if you adopted the child’s sibling who had not yet reached age 16, the older sibling must have been adopted before reaching the age of 18)
   • The legal custody decree if you obtained custody of the child before adoption
   • A statement showing the dates and places your child has lived with you and proof that your child has lived with you and has been in your physical custody for at least two years. Physical custody means the child was living with you and you were exercising primary parental control.
     



3. A brother or sister (sibling):
   
   Note: If either you or your sibling were born out of wedlock (your birth parents were not married when you were born), you must provide evidence that you took the actions necessary to satisfy the legitimation law of the birth country of the person born out of wedlock while the individual was under 18 years of age and unmarried.
   
   Legitimation laws require fathers to legally acknowledge their children. Refer to the sections on legitimated children out of wedlock.
   
   If you have the same mother as your brother or sister,
   • A copy of your birth certificate showing your and your mother’s name
   • A copy of your brother’s or sister’s birth certificate showing his or her name and your mother’s name
     
   
   If you have the same father but different mothers,
   • A copy of your birth certificate showing your name and your father’s name
   • A copy of your brother’s or sister’s birth certificate showing his or her name and your father’s name
   • A copy of your father’s marriage certificate to each mother
   • A copy of any divorce decrees, death certificates, or annulment decrees showing that any previous marriages entered into by your parents or your sibling’s parents ended legally
     
     
   
   If you were and/or your brother or sister was born out of wedlock, and you are related through your father and were legitimated,
   • A copy of your birth certificate showing your name
   • A copy of your brother’s or sister’s birth certificate showing his or her name
   • Evidence that the person who was born out of wedlock was legitimated before reaching the age of 18 and while unmarried through:
     1. The marriage of that person’s natural parents
     2. The laws of your or your brother’s or sister’s country of residence or domicile, or
     3. The laws of the father’s country of residence or domicile
        
   
   If you were and/or your brother or sister was born out of wedlock and not legitimated, and you are related through your father,
   • A copy of your birth certificate showing your name
   • A copy of your brother’s or sister’s birth certificate showing his or her name
   • Evidence that an emotional or financial bond existed between your father and the child who was born out of wedlock (either you or your brother or sister or both of you) before that child was married or reached the age of 21
     
     
   
   If you are filing for your stepbrother or stepsister,
   • Your birth certificate showing your name and your common parent’s name (if your father married your step-sibling’s mother, your father’s name must be visible on the birth certificate; if your mother married your step-sibling’s father, your mother’s name must be visible on the birth certificate)
   • A copy of your stepbrother’s or stepsister’s birth certificate showing his or her name and your common parent’s name (see above)
   • If your step-sibling is or has been married, you must provide evidence of the marriage(s) in order to prove that your step-sibling was once a “child” of the stepparent
   • A copy of the civil marriage certificate of your natural mother to your natural father and your step-sibling’s natural mother to his or her natural father
   • Proof that any previous marriages entered into by your and your step-sibling’s father and mother ended legally (this could include copies of divorce decrees, death certificates, or annulment decrees)
   • A copy of the civil marriage certificate between a) your father and your stepmother or b) your mother and your stepfather, whichever is applicable
     
     
   
   If you are filing for your stepbrother or stepsister and you were and/or your step-sibling was born out of wedlock, and you are related through your father, and the child born out of wedlock was legitimated,
   • Your birth certificate showing your name and your father’s name
   • A copy of your stepbrother’s or stepsister’s birth certificate showing his or her name and your father’s name
   • Evidence that you were and/or your step-sibling was legitimated before reaching the age of 18 and while still unmarried through:
     1. The marriage of that person’s natural parents
     2. The laws of your or your stepbrother’s or stepsister’s country of residence or domicile, or
     3. The laws of your father’s residence or domicile
        
   
   If you are filing for your stepbrother or stepsister and you were and/or your step-sibling was born out of wedlock and not legitimated,
   • Your birth certificate showing your name and your common parent’s name (if your father married your step-sibling’s mother, your father’s name must be visible on the birth certificate; if your mother married your step-sibling’s father, your mother’s name must be visible on the birth certificate)
   • A copy of your stepbrother’s or stepsister’s birth certificate showing his or her name and your common parent’s name (see above)
   • A copy of the marriage certificate between a) your father and your stepmother, or b) your mother and your stepfather, whichever is applicable (the date of the marriage must be prior to the date on which the child who was born out of wedlock reached the age of 18 or was married)
   • Proof that any previous marriages entered into by your or your step-sibling’s father or mother ended legally (this could include copies of divorce decrees, death certificates, or annulment decrees)
   • Proof that a bona fide parent-child relationship existed between your common parent and the child who was born out of wedlock before that child reached the age of 21 or was married
     

You do not need to file separate visa petitions for your brother’s or sister’s spouse or his/her unmarried children under 21 years of age. They may accompany or follow-to-join your brother and sister. This includes adopted children who fit the definition of adopted child in the immigration law (101(b)(1)(E) but not (F)).


4. A mother: Submit a copy of your birth certificate showing your name and your mother’s name.
   If you have been legally adopted, you may not petition for your birth parent.
   
   
5. A father: Submit a copy of your birth certificate showing your name and the names of both parents. Submit additional documents, depending upon your situation, as described below:
   
   Born in wedlock: Also give a copy of your parents’ marriage certificate establishing that your father was married to your mother before you were born, and copies of documents (divorce decrees, death certificates, or annulment decrees) showing that any prior marriages of either your father or mother were legally terminated.
   
   Born out of wedlock and not legitimated: If you were born out of wedlock and were not legitimated by your father before your 18th birthday and while you were unmarried, you must submit:
   • Evidence of the father-son or -daughter relationship.
   • Evidence that an emotional or financial bond existed between you and your father before you were married or reached the age of 21, whichever came first.
     
     
   
   Born out of wedlock and legitimated: If you were born out of wedlock and were legitimated by your father before your 18th birthday and while you were unmarried, you must submit evidence that you were legitimated before your 18th birthday through:
   1. The marriage of your both parents, or
   2. The laws of the state or country where you live or were born, or
   3. The laws of the state or country where your father lives or was born
      

If you have been legally adopted, you may not petition for your birth parent.


6. Stepparent:
   
   • A copy of your birth certificate showing your name and the names of your birth parents
   • A copy of the civil marriage certificate of your birth parent to your stepparent showing that the marriage occurred before your 18th birthday
   • A copy of any divorce decrees, death certificates, or annulment decrees that would verify the termination of any previous marriage(s) entered into by your birth parent or stepparent
     


7. Adoptive parent:
   
   • A copy of your birth certificate showing your name
   • A certified copy of the adoption decree, showing that the adoption occurred before your 16th birthday
   • A sworn statement showing the dates and places you have lived together with your parent
   • If you adopted the sibling of a child you already adopted, you must submit a copy of the adoption decree(s) showing that the adoption of the sibling occurred before that child’s 18th birthday.
   • Copies of evidence that each child was in the legal custody of and resided with the parent(s) who adopted him or her for at least two years before or after the adoption. Legal custody may only be granted by a court or recognized government entity and is usually granted at the time the adoption is finalized. However, if legal custody is granted by a court or recognized government agency prior to the adoption, that time may count to fulfill the two-year legal custody requirement.
     

New Immigrants Insurance

Get Quotes