Who needs to file Form I-130A?
Form I-130A, officially known as the “Supplemental Information for Spouse Beneficiary,” is typically filed by individuals who are seeking to sponsor a foreign national spouse for a family-based immigrant visa or green card. This form is submitted along with Form I-130, Petition for Alien Relative, which is the main application used to establish the qualifying family relationship.
The U.S. citizen or lawful permanent resident (green card holder) who is sponsoring their foreign national spouse must file Form I-130 along with Form I-130A. The purpose of Form I-130A is to provide additional information about the beneficiary spouse and their background. It is designed to supplement the primary Form I-130 by collecting biographical data, contact information, and other relevant details about the beneficiary spouse.
It’s important to note that the specific eligibility criteria, requirements, and processes can change over time due to updates in immigration laws and policies. As such, it’s recommended to visit the official website of the U.S. Citizenship and Immigration Services (USCIS) or consult with an immigration attorney to ensure accurate and up-to-date information before submitting any immigration forms.
How to fill out Form I-130A?
Filling out Form I-130A, the “Supplemental Information for Spouse Beneficiary,” requires careful attention to detail. Here’s a general step-by-step guide on how to fill out Form I-130A:
Step 1: Download the Form Visit the official USCIS website (uscis.gov) and download the most recent version of Form I-130A. Make sure you are using the correct and up-to-date form.
Step 2: Personal Information Provide the following information about the beneficiary spouse:
- Full legal name (last name, first name, middle name)
- Date of birth
- Place of birth (city or town, country)
- Gender
- Social Security Number (if applicable)
- S. Social Security Number (if applicable)
Step 3: Address and Contact Information Enter the current address of the beneficiary spouse, including the street address, city or town, state, and ZIP code. Provide a valid phone number and email address if available.
Step 4: Marital Information Answer questions about the beneficiary spouse’s marital history, including whether they have ever been married before and if they are currently married to the petitioner.
Step 5: Employment and Education Provide details about the beneficiary spouse’s current and previous employment, including the name and address of the employer, job title, dates of employment, and work hours per week. Also, include information about their education history.
Step 6: Travel History Provide information about the beneficiary spouse’s recent travel history, including trips outside the United States. Include the departure and return dates, as well as the countries visited.
Step 7: Criminal History Answer questions about the beneficiary spouse’s criminal history. If applicable, provide details about any arrests, convictions, or violations.
Step 8: Immigration History Answer questions about the beneficiary spouse’s immigration history, including any prior petitions filed on their behalf and their current immigration status.
Step 9: Signature and Certification Review the form to ensure all the information provided is accurate and complete. The beneficiary spouse must sign and date the form. If they are unable to sign due to a physical disability, someone else may sign on their behalf, but an explanation must be provided.
Step 10: Submission Include the completed Form I-130A along with the main Form I-130 (Petition for Alien Relative) when submitting your application to USCIS. Follow the instructions provided by USCIS for submission methods and payment of any required fees.
Remember that this is a general guide, and the form’s requirements and instructions may change over time. Always refer to the most recent version of the form and the official USCIS instructions when completing and submitting immigration forms. If you’re unsure about any aspect of the form, consider consulting with an immigration attorney or a qualified legal professional.
What to do if I received an RFE for Form I-130A?
If you receive a Request for Evidence (RFE) for Form I-130A, it means that the U.S. Citizenship and Immigration Services (USCIS) needs more information or documentation to continue processing your application. An RFE is not uncommon and doesn’t necessarily mean your application will be denied. Here’s what you should do if you receive an RFE:
- Read the RFE Carefully: Carefully review the RFE notice to understand what specific information or documents are being requested. This will help you understand the USCIS’s concerns and provide the necessary response.
- Follow the Instructions: The RFE notice will provide clear instructions on what you need to do. It might ask for additional documentation, clarifications, explanations, or corrections on certain parts of your application. Make sure you understand the requirements outlined in the RFE.
- Gather Documentation: Collect all the requested documents and information as specified in the RFE. Ensure that the documents are accurate, complete, and meet USCIS requirements.
- Prepare a Response: Draft a thorough and organized response to the RFE. Address each specific point raised in the RFE and provide the necessary explanations or documentation. If you’re unsure about how to respond, consider seeking assistance from an immigration attorney.
- Review Your Original Application: Double-check your original Form I-130A and Form I-130 to ensure there are no inconsistencies or errors that might have contributed to the RFE. Correct any mistakes or discrepancies in your response.
- Create a Cover Letter: Include a cover letter with your response that lists the documents you’re submitting and provides a clear explanation of how your response addresses the RFE’s concerns.
- Keep Copies: Make copies of all the documents you’re submitting, including your response and the RFE notice, for your records.
- Submit Promptly: Follow the instructions on where and how to submit your response. Be sure to meet any deadlines specified in the RFE notice. Using certified mail or a reliable delivery method can help you track your submission.
- Monitor Your Case: After you submit your response, you can monitor the progress of your case online using the USCIS case status portal. USCIS will review your response and make a decision on your application.
- Seek Professional Help: If you find the RFE complicated or are unsure how to address it, consider seeking assistance from an experienced immigration attorney. They can help ensure that your response is accurate, complete, and in compliance with USCIS requirements.
Remember that an RFE is an opportunity to provide the requested information and strengthen your application. Take your time to prepare a thorough and accurate response to increase your chances of a successful outcome.