Family Based Immigration

Question 1

Documents for Marriage-Based I-130 and I-485

Answer 1

(1) Two Passport style photos of petitioner/sponsor
(2) Six Passport style photos of beneficiary/applicant
(3) Marriage certificate AND proof that marriage was entered in good faith (“MARRIAGE BONAFIDES”)
(4) Proof of Termination of all previous marriages
(5) Proof that the sponsor is a USC or LPR
(6) Long Form Birth Certificates
(7) ID for each (passport, driver’s license, other gov’t ID).
(8) If applicable, proof that the beneficiary was admitted/paroled in last entry
(9) Proof that the beneficiary has continued to maintain a valid status
(10) Criminal Documents, if applicable
(11) Denial of Immigration Benefits Document
(12) Copy of I-612, if applicable
(13) Medical Examination and Immunization Records (Form I-693)
(14) Petitioner Sponsor:
(a) 3 years of Tax Returns
(b) Letter of Employment
(c) Most recent 12 months of pay stubs
(d) If self-employer, Letter from CPA
(e) Proof of ownership of assets considered for application

Question 2

Marriage Bonafide Evidence

Answer 2

1. Birth certificates of common children
2. Adoption Decrees for children adopted by couple
   3, Adoption Decrees for children of one spouse adopted by the other spouse
3. Copies of jointly filed IRS tax returns
4. State issued IDs showing spouses’ shared addresses
5. Evidence of joint checking or savings accounts
6. Evidence of joint credit card accounts
7. Real property deeds showing joint ownership of home or other real estate property
8. Apartment lease signed by both spouses, showing both as residents
9. Evidence of life insurance where the other spouse is the named beneficiary
10. Evidence of medical or health insurance plans that name the spouse as a member or beneficiary
11. Evidence of joint car insurance
12. Copies of other accounts listing both spouses, such as gas, electric, telephone, internet, cable, and gym.
    14, Evidence of any and all policies jointly held throughout the relationship.
13. Letter from employer or employment records showing the spouse listed as the person to be notified in the event of accident, sickness, or emergency.
14. Evidence of correspondence between the spouses for a period where the spouses lived apart (including, texts, WhatsApp, FB Messenger, emails, letters, birthday cards, telephone records, etc.)
15. Evidence of vacations taken together (airline tickets, pictures, itineraries, invoices listing both spouses)
16. Religious marriage certificate.
    19, Photographs from the wedding.
17. Photographs of the couple together with family and friends.
18. Photographs of the couple together on vacation.
19. Letter from religious leader if both belong to a church
20. Pet adoption/vet records
21. Affidavits from friends and family members having personal knowledge of the bona fides of the marital relationship.

Question 3

Documents that show marriage termination

Answer 3

1. Divorce Decree
2. Order of Annulment
3. Death Certificate

Question 4

Documents that prove that Sponsor is a USC or LPR

Answer 4

USC:
Birth certificate
Naturalization certificate
FS-240 Consular Report of Birth Abroad (USC born abroad)
Biometrics page of Passport (if nothing else available)

LPR:

Green Card or Form I-551 copy back and front
Copy of I-551 passport stamp

Question 5

What are the “immediate relative” family relationships?

Answer 5

Spouse, child (unmarried and under 21) and parent of a USC. The USC petitioner must be at least 21 years old.

Question 6

First Preference includes the following family relationships:

Answer 6

Unmarried son or daughter (aged 21 or over) of USC parent (“F-1”)

Question 7

Second Preference includes the following family relationships:

Answer 7

Spouse or unmarried child (under 21 of LPR parent (F-2A)

Unmarried son or daughter (aged 21 and over) of LPR parent (F-2B)

Question 8

Third Preference includes the following family relationships:

Answer 8

Married son or daughter of USC parent (F-3)

Question 9

Fourth Preference includes the following family relationships

Answer 9

Brother or sister of USC aged 21 or over (F-4)

Question 10

First Preference Quota

Answer 10

23,400 visas per year, plus any visas left over from the fourth preference

Question 11

Second preference (F-2A) Quota

Answer 11

87,900 visas per year, plus any visas left over from the first preference

Question 12

Second preference (F-2B) Quota

Answer 12

26,300 visas per year, plus any visas left over from the first preference

Question 13

Third preference Quota

Answer 13

23,400 visas per year, plus any visas left over from the first and second preferences

Question 14

Fourth preference Quota

Answer 14

65,000 visas/year, plus any visas left over from the previous preferences

Question 15

A “derivative beneficiary” is

Answer 15

the spouse or unmarried child of a principal beneficiary in the preference category. Derivative family members are accorded the same preference status as the principal beneficiary.

Question 16

Documents included in Adjustment Application Packet

Answer 16

Form I-485, the adjustment application

Supplement A to Form I-485

Filing fee and biometrics fee, plus $1,000 penalty if filing under §245(i).85

Two identical color passport-style photos of the applicant Page 59

An I-130 petition with supporting documents, or an approval notice of a previously approved relative petition.

Form I-693, Report of Medical Examination and Vaccination Record, completed after a medical examination by a USCIS-approved civil surgeon.

Copy of passport page with nonimmigrant visa and/or Form I-94 showing lawful admission or parole, if applying under INA §245(a).

Form I-864, Affidavit of Support Under Section 213A of the Act, signed by the sponsor and supporting documentation

Copy of applicant’s birth certificate, with English translation

Evidence of appropriate family relationship, such as a copy of a birth or marriage certificate, with translation, if applying as derivative

Form I-765, Application for Employment Authorization (optional)

Form I-131, Application for Travel Document, if travel is contemplated before the adjustment is granted

Form G-28, Notice of Entry of Appearance as Attorney or Representative, if applicable

Question 17

What Is a CIMT?

Answer 17

The INA does not define a “crime involving moral turpitude,” though the term “moral turpitude” has been held as referring “generally to conduct which is inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general.”