You may know that you meet the requirements to bring your spouse, parent, child, or sibling to the United States as a lawful permanent resident. That is, you may be a permanent resident yourself, or a citizen currently residing in the country, who is 21 years old or older, and who has the financial capacity to support them once they arrive. But this may be the extent of what you know, and you may feel stuck on where to start exactly. Well, this is where we will step in. Without further hesitation, please follow along to find out which documents and proof you need to gather before filing your family-based petition and how a proficient green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you succeed in this process.
What forms do I need to file a family-based immigration petition?
The first important step for a family-based green card is to submit the appropriate forms. Namely, Form I-130, Petition for Alien Relative, will be that form. This is where you will essentially establish that there is a qualifying familial relationship between you, the United States citizen or lawful permanent resident, and the beneficiary, the foreign national. Importantly, even the smallest inconsistencies in this provided information may raise a red flag for the United States Citizenship and Immigration Services (USCIS). With this, they may send a Request for Evidence (RFE), or worse, accuse you of misrepresentation and ultimately deny your petition outright.
There are one of two forms for the beneficiary to file from here. If your relative already legally resides in the U.S. and is eligible to adjust their immigration status, you may fill out Form I-485, Application to Register Permanent Residence or Adjust Status. On the contrary, for a relative who still lives abroad, Form DS-260, Immigrant Visa Electronic Application, should be sent instead. Of note, their immigration process may be handled by a U.S. consulate office abroad from this point forward (i.e., consular processing).
What documents serve as proof for a family-based green card application?
Even if you file the correct forms, it means nothing if you cannot supplement them with the proper supporting evidence. First of all, you need to submit official and legal records of your familial relationship. For example, if you are petitioning for your spouse, you must provide a copy of your marriage certificate. If this certificate is written in a language other than English, you may have to attach a full certified translation, as well. Plus, if you were previously married, you should supply a copy of your divorce decree for good measure.
Secondly, to reiterate, a large part of sponsoring a relative for permanent residency is being able to support them financially at the beginning. With this comes the necessity of another form, Form I-864, Affidavit of Support. And then, the need to back this form up with relevant financial records. Examples of such include your federal tax returns, W-2s, pay stubs, etc. Whatever you share, it must show that your income is at or above 125 percent of the established Federal Poverty Guidelines.
There is no shame in asking for help, especially when you are dealing with something as serious as a legal matter that could affect your physical, emotional, and financial well-being. So please retain legal assistance from a talented green card lawyer in Milwaukee, WI, from Sesini Law Group, S.C. We will happily lend a hand.