USCIS Requiring New Supplemental Form I-130A for Marriage Visa Petitions

          Beginning on April 28, 2017, U.S. Citizenship and Immigration Services (USCIS) will require U.S. citizens or lawful permanent residents (green card holders) who are petitioning their spouse for a green card to add Form I-130A, Supplemental Information for Spouse and Beneficiary, to the visa petition packet. This does not replace Form I-130, but is in addition to it.

          The supplementary form gathers extra biographical information. According to the USCIS instructions, use of this form replaces the previously required Form G-325A, which both the sponsor and foreign applicant in a marriage-based green card application were expected to fill out and submit.

          Note, however, that the USCIS instructions to Form I-485, which is used for adjusting status in the U.S., have not changed with regard to requiring Form G-325A of adjustment applicants. So if the non-citizen is in the United States and plans to adjust status (rather than applying for the green card through an overseas U.S. consulate), he or she will (until further notice) still have to fill out and submit Form G-325A as part of the packet of adjustment forms and documents.

          (In many cases, if you haven't already filed the Form I-130, it and the I-485 and other adjustment of status forms and documents can all be mailed to USCIS at one time.)

          For other types of family visa petitions, the old system remains in place, in which the petitioner must prepare and file Form I-130, Petition for Alien Relative, with no supplementary form or G-325A.

          For further information or questions you may have, please do not hesitate to contact The Law Offices of Michael H. Markovitch.