Success Story: Approval of Forms I-130 and I-485 for a Spanish National Living in Georgia 

Success Story: Approval of Forms I-130 and I-485 for a Spanish National Living in Georgia 

Our client, a Spanish national married to a U.S. citizen, was residing inside the U.S., when they contacted our firm to help with a Form I-130 petition for an alien relative as well as their adjustment of status, I-485 form. 

The I-130 form establishes a qualifying family relationship for sponsorship purposes, while the I-485 form  is used to apply for a green card from within the U.S.. These forms are often filed concurrently when the applicant is already residing within the U.S.. In this case, our client and their U.S. citizen spouse were residing together in the state of Georgia when they began the immigration process. This is a big advantage; applicants already in the States can pursue Adjustment of Status via Form I-485, staying in the country throughout the process and even qualifying for work/travel authorization while their case is pending. However, those living abroad must go through consular processing, where the approved petition is forwarded to the National Visa Center and then to a U.S. embassy or consulate for final interview and visa issuance.

With the I-485, the sponsor (our client’s U.S. spouse) must file Form I-864, an affidavit of support. It is a legally binding contract demonstrating that the intending immigrant will have adequate financial support and is not likely to become a “public charge”. Meaning they will not become primarily reliant on U.S. government assistance. To meet this requirement, the sponsor generally must show income at or above 125% of the Federal Poverty Guidelines for their household size, using evidence like tax returns, pay stubs, and employment letters. Strong financial evidence not only helps the case meet the minimum threshold but can also strengthen the overall petition by demonstrating stability. 

With our firm’s help our client was able to get their Green Card in hand within 11 months from the date of filing. We would like to extend a huge congratulations to our client and their spouse who are now happily living together in Georgia. 

Filing concurrent I-130 and I-485 petitions may seem straightforward on paper, but success depends on careful attention to detail, from properly documenting the marital relationship to compiling sufficient financial evidence for the affidavit of support. Missing paperwork, insufficient income documentation, or inconsistencies in the application can lead to delays, Requests for Evidence, or even denials. At Blue Lake Law, we guide couples through every step of this process, ensuring petitions are thoroughly prepared and supported so that families can move forward with confidence.

If you’re a foreign national married to a U.S. citizen and living in the U.S., or if you have questions about your own path to permanent residency, Blue Lake Law is here to help. Contact us today to schedule a consultation and take the first step toward reuniting with your loved ones in the United States.