Translating Wedding Invites: I-130, To Translate Or Not?

Navigating U.S. immigration procedures can be challenging, especially when submitting Form I-130, the Petition for Alien Relative. One common question applicants often ask is whether they need to translate documents for I-130. This paragraph aims to provide an overview of the topic, addressing the requirements, translation process, and the importance of accuracy in ensuring a smooth application process.

What is Form I-130?

Form I-130, also known as the "Petition for Alien Relative", is the first step in helping an eligible relative apply to immigrate to the United States and apply for a Green Card. This form is used by US citizens, lawful permanent residents, or US nationals to establish their qualifying relationship with a relative (the beneficiary) who wishes to come to or stay in the United States permanently.

The purpose of Form I-130 is to demonstrate that the petitioner has a real family relationship with the beneficiary and is willing to provide financial support if necessary. It is important to note that submitting Form I-130 does not automatically grant any immigration benefits or status to the relative. Instead, it marks the beginning of the process, and further steps are required before the relative can obtain a Green Card and move to the United States.

The form must be filed with supporting documents to prove the sponsor's eligibility and the validity of the family relationship. These supporting documents may include birth certificates, marriage certificates, divorce decrees, and other civil documents. If any of these documents are in a language other than English, they must be translated and certified.

The cost to file Form I-130 is $675, and the processing time can vary from several months to over a year, depending on various factors such as the service centre handling the application and the current backlog of cases.

Who can translate documents for Form I-130?

According to the U.S. Citizenship and Immigration Services (USCIS), any foreign-language document submitted to USCIS must be accompanied by a complete English translation certified by the translator as complete and accurate.

While it is technically possible for you to translate your own documents for USCIS, it’s not recommended. USCIS requires that translations be certified and that the translator is a neutral third party in the process. Using certified translation services for your immigration documents can provide peace of mind that your translations are accurate and acceptable to USCIS.

Any person who considers themselves competent in both English and the document’s original language can be the certified translator. The decision to accept a certified English translation is always at the discretion of the immigration officer reviewing your documents. It is, therefore, best to seek the help of a professional translation service or a friend or family member with such experience to avoid any delays or complications with your application.

Some U.S. Embassies and consulates also restrict acceptable translators to certain agencies. For example, the U.S. embassy in Athens, Greece, will only accept translations from the Greek Ministry of Foreign Affairs. It is important to check the specific requirements of the U.S. embassy or consulate in your area before enlisting a service.

Can I translate my own documents for Form I-130?

When submitting Form I-130, you may need to translate supporting documents that aren't in English. These documents may include birth certificates, marriage certificates, divorce decrees, and other civil documents that prove the relationship between the petitioner and the beneficiary.

According to USCIS translation requirements, any foreign language document submitted to USCIS must be accompanied by a complete English translation certified by the translator as a true and accurate translation. The translator must be a neutral third party in the process.

While it is technically possible for you to translate your own documents for Form I-130, it is not recommended. Using certified translation services can provide peace of mind that your translations are accurate and acceptable to USCIS. However, if you choose to translate your own documents, you must certify your English competency by including a written or typed certificate of translation letter. The letter must include a statement that the translator is fluent in English and the native language of the source document. The document should also include the translator's signature, date, full name, and address.

What documents need to be translated for Form I-130?

When filing Form I-130, you must submit several supporting documents to prove your relationship with the beneficiary. These documents must be in English, so if your originals are in another language, you will need to submit a certified translation. Here is a list of the key documents required:

Proof of U.S. Citizenship or Lawful Permanent Residence

For U.S. citizens, this could include:

• A copy of your U.S. passport
• Birth certificate
• Naturalisation certificate
• Certificate of citizenship

For lawful permanent residents:

A copy of your green card (front and back)

Proof of Relationship

If you are sponsoring your spouse, you will need to include:

• Your marriage certificate
• Divorce decrees, annulment certificates, or death certificates of previous spouses (if applicable)
• Two identical colour passport photos of you and your spouse
• Other proof of your relationship, such as joint leases or bank statements

If you are sponsoring your child, you will need to include:

• A copy of the child's birth certificate showing your name as the parent
• If the child was born out of wedlock, the father needs to provide proof of legitimation or evidence of a bona fide parent-child relationship before the child turned 21

If you are sponsoring your parent, you will need to include:

• A copy of your birth certificate showing your name and your parents' names
• Your parent's marriage certificate and evidence of termination of previous marriages (if applicable)

If you are sponsoring your sibling, you will need to include:

• A copy of your birth certificate and your sibling's birth certificate showing at least one common parent
• Your parent's marriage certificate and evidence of termination of previous marriages (if applicable)

Proof of Name Changes

Documents reflecting any name changes, such as marriage certificates, adoption decrees, or court orders.

What documents need to be submitted with Form I-130?

To help a family member obtain a green card, you need to fill out and submit Form I-130, also known as the "Petition for Alien Relative". This form establishes your relationship with your relative and their eligibility to immigrate to the United States. It is important to note that submitting Form I-130 does not automatically grant any immigration benefits or status. Here is a list of documents that need to be submitted along with Form I-130:

• Proof of U.S. Citizenship or Permanent Residence of the Petitioner: This includes documents such as a birth certificate, naturalization or citizenship certificate, Report of Birth Abroad, an unexpired U.S. passport, or a Permanent Resident Card (green card).
• Proof of Relationship: Depending on the relative you are filing for, you will need to provide different documents. For a spouse, a marriage certificate is required. For a parent, child, or sibling, birth certificates and/or marriage certificates are needed to establish the relationship. If filing for an adopted child, an adoption decree is necessary.
• Evidence of Bona Fide Marriage (if petitioning for a spouse): This includes documentation such as pictures, joint ownership of property, a lease showing joint tenancy, birth certificates of children born to both spouses, and affidavits from third parties affirming the authenticity of the marital relationship.
• Proof of Termination of Prior Marriages (if applicable): If either the petitioner or beneficiary was previously married, provide documentation showing that all prior marriages were legally terminated, such as divorce documents or a death certificate.
• Form G-325A: This form must be completed and signed by both the U.S. citizen spouse and the foreign national spouse, with passport-style photos attached.
• Cover Letter: Include a cover letter that describes the petition or application being submitted and lists all the documents included in the packet. Use this to explain any special circumstances involved.
• Filing Fee: The fee can be paid with a personal check, bank draft, or money order made out to the U.S. Department of Homeland Security.
• Two Photographs: One from the petitioner and one from the beneficiary, both taken within 30 days of filing Form I-130. The photos should be 2 x 2 inches with a white to off-white background, and the head should be centred in the frame.
• Form I-130A (if filing for a spouse): This form is for supplemental information for a spouse beneficiary.
• Proof of Name Change (if applicable): Provide proof of name change for both the petitioner and beneficiary, if relevant.
• Divorce Decree or Death Certificate (if applicable): Provide original divorce decrees or death certificates for both the petitioner and beneficiary, showing the termination of all prior marriages.
• Beneficiary's Passport: Present the beneficiary's current passport and all previous passports if they are non-Japanese. Include copies of passport pages with the picture ID, U.S. visas, and other relevant information.
• Birth Certificate for Beneficiary's Children: Provide an original local birth certificate for non-U.S. citizen children, a U.S. birth certificate, or a consular report of birth abroad for U.S. citizen children.
• Evidence of Active Duty/Diplomatic Status: The petitioner's current military/government order to Japan is required, or proof of job relocation, job offer, or emergency situation.
• Proof of Relationship (if married less than two years): Provide a statement explaining how you met and evidence of your ongoing relationship, such as pictures, letters, emails, and phone bills.
• Affidavit of Support: This is optional in some locations but may be required for visa issuance. Form I-864 is a contractual affidavit of support and must be accompanied by tax transcripts or federal tax returns.

Frequently asked questions