John Q Khosravi Law Firm

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John Q. Khosravi Immigration Law Firm (JQK Law Firm)

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Friday, March 3, 2017

New I-130 and Semi-G-325a Replacement


Last week USCIS provided a complete update to the Petition for Alien Relative (Form I-130) and how the Marriage-Based cases are handled.  Form I-130 was completely redesigned:

a) Although the new Form I-130 asks for much of the same information, it is now 12 pages instead of 2.

b) most of what was previously asked for in the Form G-325a (previously required for Marriage cases and adjustment) is now included in Form I-130,  excluding 5-years employment and residential history and parentage info of the Beneficiary.

c) Biometric information of the parties is also now requested (similar to Form I-90 and Form N-400)

d) When filing for children or parents, the description of the relationship is more thoroughly asked.

e) With regards to marriage cases:

- 2 passport photos of each party is now required (instead of 1 of each).

- A new Form I-130a was created (substituting Form G-325a). However, the Form I-130 USCIS website/homepage, but not the Form I-130 instructions, still asks for Form G-325a.



 - If the foreign alien spouse is living abroad, they are not required to sign Form I-130a.
- But note that Form I-130a does reference an attached G-28 form, which would require the alien spouse's signature.
- A Form I-130a is only required for the foreign spouse.

Annoyingly: The new Form I-130 incorporates the information provided in Form I-130a. Also, Form G-325a is a companion to Form I-485. So if doing a Marriage/Adjustment case, you will still need to complete Forms G-325a and I-130a.

Finally, USCIS finally better clarified when to us "N/A" and "None"

- None is used when asked about a numerical amount: "How...many"
- N/A when asking about a fact.