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New i-130a Form: What You Should Know

S. Citizens or lawful permanent residents. Filling out form I-130-A to sponsor a spouse of U.S. citizen or lawful permanent resident is a step you should start taking now. Read on to find out about the benefits to you. Benefits to You If you become a U.S. citizen with a green card, your spouse's immigration status with the United States will be automatic. It will not be dependent upon, nor will you have to petition this matter. In most cases, if you were married to the U. S. citizen or lawful permanent resident for one year (or longer) before you became U.S. citizen or lawful permanent resident, the spouse beneficiary of your green card will be considered as your dependent spouse. If your spouse's immigration status is dependent upon your green card, the alien spouse may be able to seek an adjustment of status from USCIS, if you lose your right to U.S. green card for your spouse under the old immigration laws. Note that U.S. citizens or lawful permanent residents are the only ones that are exempt from the change in marital status requirement for spouses of U.S. citizens or lawful permanent residents. If you don't get married for one year, your spouse beneficiary will not be considered your dependent spouse according to the old (1986) I-130 form. You can be divorced from your spouse before the end of this year. The new form has more information about the spouse status requirement for immigration. Learn what you need to know on this form. What's Missing The Form I-130-A does not include the information needed by immigrant spouses for any immigration benefits of lawful permanent residents (green card holders): the spouse beneficiary's marital status, and whether the alien spouse was legally admitted to the United States in the previous year. U.S. citizens and lawful permanent residents can only file a Form I-130P for spouse beneficiaries. U.S. citizens and lawful permanent residents do not want to be dependent on this new form. If you are filing a Form I-130-A, do not miss out on the Form I-130P. If you have any concerns about filing this form, contact your local USCIS Service Center or call ICE Immigration at 1-800-DHS-2247 to speak to a staff advisor.

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