When petitioning for a spouse to receive a U.S. green card through Form I-130, Petition for Alien Relative, applicants may face several hurdles that complicate the process.
Incomplete applications are among the most common challenges in the I-130 petition process. If an application lacks necessary information or required documentation, U.S. Citizenship and Immigration Services (USCIS) may reject or delay the case. It’s imperative to carefully review the form instructions and provide all requested evidence, such as:
- Proof of the petitioner’s citizenship or permanent resident status
- A valid marriage certificate
- Evidence of a bona fide marriage
Some applicants may be deemed legally inadmissible to enter the United States. Grounds for inadmissibility include health-related issues, criminal history, security reasons, or previous immigration violations. If the spouse has been deemed inadmissible, they may require a waiver of inadmissibility, which involves additional steps and complications, such as proving that denying the visa would result in extreme hardship for the U.S. citizen or lawful permanent resident spouse.
RFEs and NOIDs
Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) are issued by USCIS when an application lacks specific information or if there are reasons to believe the marriage is not genuine. Responding to these notices promptly and thoroughly is crucial to avoid a denial. The petitioner will need to provide additional proof or clarification to USCIS, which might include:
- Affidavits from friends and family
- Shared financial documents
- Photographs of the couple together