Marriage sponsorship: Form I-130

In order to sponsor his/her spouse for a green card, a U.S. citizen must file an I-130 petition on behalf of his/her spouse. This form requests information about the U.S. citizen and his/her marriage to the TN visa worker.

I-130 Petition Supporting Documentation

• The I-130 must be submitted with documentation to evidence the bona fides of the U.S. citizen's marriage to the TN visa worker such as:
  • Documentation showing joint ownership or property
  • Documentation showing joint tenancy of a common residence
  • Documentation showing co-mingling of financial resources
  • Birth certificate(s) for any children
  • Affidavits from individuals having knowledge of the marriage
  
  
• Generally, the I-130 submission should also include the following (additional items may be required):
  • Proof of the petitioner's U.S. citizenship (e.g., passport, birth certificate, naturalization certificate)
  • The couple's marriage certificate
  • Any divorce records (for both petitioner and TN visa worker)
  • Passport-style photos of the petitioner
  • G-325A from the petitioner 
    
  
  
• Copies of documents may be submitted initially, but originals of these documents may be required during the interview.

Examination of I-130 Petition

• An immigration officer's primary concern with respect to this type of I-130 petition will be to confirm that the TN visa worker did not enter into the marriage solely for immigration purposes.

• An immigration officer will consider the following as indications that an individual may have entered the marriage solely for immigration benefits:
  • Large disparity of age.
  • Inability of the U.S. citizen and the applicant to speak each other’s language.
  • Vast difference in cultural and ethnic background.
  • Family and/or friends unaware of the marriage.
  • Marriage arranged by a third party.
  • Marriage contracted immediately following the applicant’s apprehension or receipt of notification to depart the United States.
  • Discrepancies in statements on questions for which a husband and wife should have common knowledge.
  • No cohabitation since marriage.
  • The applicant is a friend of the family.
  • The U.S. citizen has filed previous petitions on behalf of other individuals, especially prior spouses.

Children of TN Visa Worker

• If also seeking permanent resident status, a U.S. citizen must file a separate I-130 petition for each of the TN visa worker's own children. 8 C.F.R. § 204.2 (a) (4).
• This is unlike I-130 petition filings for individuals under the Family-Based preference system, in which children may be included on the same I-130 petition.

More Information

• INA § 204 (b).
• 8 C.F.R. §§ 204.1 and 204.2.
• AFM § 21.2 – § 21.3.