Lawful permanent resident or citizenship status in the United States offers you and, in some cases, your immediate family members a chance to pursue the American dream, which millions around the world aspire to.
According to USCIS, over 10.9 billion visa applications were received in 2023, including the I-130 petition, which is one way to get your immediate relatives in the USA.
We know what you are thinking. With the number of visa applications, is it even possible to get your immediate relatives to the US?
Well, like other visas that require complex eligibilities, forms, processes, and fees, the I-130 petition is no different. Thus, yes, it may get complicated, but with complete documentation, working within the timeline, following the USCIS guidelines, and the right strategy, it is possible to get the I-130 petition approved!
Hence, if you are interested in applying for an I-130 petition for your immediate relative but are unsure how to begin, what requirements you and the beneficiary must meet, and how long it will take, then this Form I-130 guide is a must-read.
What You Need to Know About Form I-130
- What is the Petition for Alien Relative Form I-130?
- What are the Eligibility Requirements for Form i130?
- What Documents are Required for Filing I130 Petition?
- What Other Information Is Required to File an I-130 Petition?
- Where Does the Petitioner Need to File Form I130 Petition?
- What Are the Steps for Filling Out Form I-130 Petition for Alien Relative?
- What Is the Filing Fee for Form I130?
- How Long Does It Take To Process Form I-130?
- Conclusion
What is the Petition for Alien Relative Form I-130?
Form I-130, Petition for an Alien Relative, is a family-based immigration process that allows a lawful permanent resident or US citizen to petition for alien relatives who want to immigrate to the US. This petition requires evidence of a qualifying relationship with the alien relative.
It is important to note here that approval of form I-130 doesn’t automatically give the immediate relative(“beneficiary”) an immigrant visa or an LPR status, as there are still steps involved, which we have discussed below.
Once the application process is completed and the beneficiary application is approved, the relative is assigned a particular visa preference category. If not eligible for a green card but approved, the relative may still qualify for another visa, including a non-immigrant visa for a spouse(K-3 visa), a visitor visa, an immigrant visa for a spouse of a US citizen(CR1), etc.
What are the Eligibility Requirements for Form i130?
To sponsor a relative for a Green Card using Form I-130, Petition for Alien Relative, the petitioner and the beneficiary must fulfill certain eligibility requirements.
What are the eligibility requirements for a Petitioner of Form I130?
The petitioner must be a US citizen or legal permanent resident, at least 18 years old, and living in the United States at the time of submitting the form.
Who Qualifies as an Eligible Family Member for Form I-130?
US citizens and legal permanent residents have to fill out Form I-130 for each qualifying relative separately. The eligibility requirements for an immediate relative of a petitioner are:
As a US citizen, you may submit Form I-130 for:
- Spouse
- Unmarried children under 21 years of age
- Unmarried sons or daughters 21 years of age or older;
- Married children of any age
- Brother or sister (must be 21+)
- Parent (must be 21 or older)
As a legal permanent resident of the US, you may submit Form I-130 for:
- Spouse.
- Unmarried children under 21 years old
- Unmarried son or daughter who is 21 years of age or older.
Who Doesn’t Qualify for Form I-130?
A U.S. citizen or Green Card holder cannot sponsor certain relatives for a Green Card on Form I-130. The following relatives are ineligible for Form I-130.
Adoption Restrictions
- The adoptive parent or adopted child, if the adoption happened after the child’s 16th birthday or if the child was not in legal possession for two years before.
- A natural parent is ineligible if you became a lawful permanent resident or U.S. citizen through adoption or as a special immigrant juvenile.
Stepfamily Limitations
- Stepparent or stepchild, if the marriage took place after the child turned 18.
Spousal Restrictions
- A Spouse, if both were not physically present at the marriage ceremony unless the marriage has been consummated.
- A Spouse who obtained legal status via a past marriage, unless they are now naturalized, has been a lawful resident for 5 years, can prove the marriage was not for immigration grounds or the previous spouse died.
- Spouse if married during exclusion/deportation procedures, unless qualified for a genuinely fide marital exception.
Extended Family Exclusion
- Includes grandparents, grandkids, nieces, nephews, uncles, aunts, cousins, and parents-in-law.
What Documents are Required for Filing I130 Petition?
These are the two kinds of documents required by the petitioner to prove their eligibility and relationship with the person filing the I130 petition.
Starting With the Copies of the Documents That Are Required From the Petitioner To Prove Eligibility
As a lawful permanent resident
- Form I-551, Permanent Resident Card front and back
- Foreign passport with the biographic page showing admission as LPR
- Other evidence that shows admission as LPR, like I-551 form MRIV, indicating temporary evidence of LPR
As a US Citizen
- Birth certificate proving you were born in the US
- Valid, unexpired US passport
- Naturalization/citizenship certificate issued by INS or USCIS
- Form FS-240, Birth Abroad Report
- A statement issued by the US consular officer verifying that you are a US citizen holding a valid passport.
Documents Required From the Petitioner To Establish the Family Relationship
These documents vary as per the beneficiary for which the petitioner is applying.
If you are applying for your spouse
- Marriage certificate (with English translation if it does not already include it)
- If previously married, then documents proving legal termination of the previous marriage
- Recent photographs(taken within 30 days of filing) of you and your spouse in 2X2 inches with your name and alien registration number(if any) written on the back.
- Document proving joint ownership of property/joint tenancy establishing you live with your beneficiary together
- Affidavit affirmed by third party knowing the marital relationship
- Birth certificates of the child(if any)
If you are applying for your child
- If the petitioner is the mother, the birth certificate of your child shows your and your child’s name
- If the petitioner is the father, then the birth certificate, marriage certificate of the mother of the child, and any legal termination proof issued by the civil authorities
In case you are applying for your adoptive child
A copy of the adoption decree evidencing that the adoption took place before the child turned 16 years old and that the child was in the legal custody of the petitioner at least 2 years before or after adoption.
If you are applying for your father or mother
A copy of your birth certificate with both parent’s names on it, along with a marriage certificate evidencing your father is married to your biological mother, in case you are applying for your father.
For mothers, it’s easy, simply provide a copy of your birth certificate that mentions your name and your mother’s name.
If you are applying for your brother or sister
A copy of your sibling’s birth certificate along with your birth certificate evidencing that you have at least 1 common parent.
What Other Information Is Required to File an I-130 Petition?
While establishing a relationship with the beneficiary is the stepping stone to filing an I-130 petition, the next step is to fill out form I-130, which is an exhaustive 12-page form with seven parts seeking information about the petitioner and beneficiary.
- The petitioner’s name, biographical information, contact information, marital status, place of current marriage, name of all spouses, parents, current address, address history of the past five years of the petitioner, whether the petitioner lived in the US or abroad, parent’s information, and whether the petitioner has ever filed a petition for a beneficiary or foreign national.
- The class, date, and place of admission(Applicable to LPR)
- The employment history for the past 5 years, whether it was inside or outside the US
- Information about the beneficiary, including name, address, contact information, marital status, spouse, place of current marriage, family, US entry, employment information, and if prior immigration proceedings have been conducted
Where Does the Petitioner Need to File Form I130 Petition?
There are two ways to file form I-130 for an alien relative, online and via mail. For filing Form I-130 online, the petitioner needs to create a USCIS account and start the filing process. However, if applying by mail, you’ll need to find the local USCIS Phoenix Lockbox facility and send your application there.
What Are the Steps for Filling Out Form I-130 Petition for Alien Relative?
Submit a Petition
Firstly, the petitioner needs to fill in the information about relationship status, petitioner information, biographic data, beneficiary information, and supplementary details, along with supporting documents listed in the above section. This establishes a qualifying relationship between the petitioner and the beneficiary.
Once the I-130 petition is submitted, a notice of action, form I-797C, is issued by the USCIS, stating the communication of the status of the application on whether it is approved, rejected, or more information is required.
If approved, the beneficiary living outside the US and having an immigration visa available can apply for an adjustment of status.
Form I-130 Approved. What Next?
In this step, the National Visa Center pre-processes the I-30 petition by creating the case in the Consular Electronic Application Center(CEAC). After that, a welcome letter is sent to the petitioner via mail or email, including information about the case number, login information, and invoice number.
Pay Fees
The processing fee must be paid to NVC through CEAC. This will include payment for the Affidavit of Support and Immigrant Visa Application through a US bank routing number and checking or savings account number.
The applicant can pay for an immigrant visa online or offline; however, the payment for the Affidavit for Support, also called form I-864, can only be filed online.
Complete DS 260
Once the payment is completed, the next step is to complete form DS-260, the online immigrant visa application. This form contains questions related to the names used, addresses of previous residences, family information, education, and work history, and whether the beneficiary is admissible in the US.
Affidavit for Support
Also called Form I-864, it is a legally binding document in which the petitioner pledges to accept the financial responsibility of an applicant who wants to reside in the US.
Document Submission
At this stage, the petitioner, joint petitioner, household members, and beneficiary submit two types of scanned documents to NVC, namely financial and civil documents. The required documents are listed above.
Applicant Interview
As a final step, the beneficiary will be required to get medically examined and immunized for the required vaccinations by an embassy-approved doctor. The doctor can either transmit the exam findings to the embassy or provide a sealed envelope for the interview, which then needs to be handed over to the consular officer.
Every beneficiary should take the following original/certified copy of all the documents with them at the time of the interview:
- Interview appointment letter
- Passport-size photos
- DS 260 confirmation page
- Copy of all civil documents
What Is the Filing Fee for Form I130?
As per the latest filing fee schedule issued by USCIS, effective April 1, 2024, the filing fees for the I-130 petition have been updated with the following structure. The cost associated with filing an I-130 petition depends on how many relatives are being sponsored further away from where they are currently residing.
The filing fee for USCIS Form I-130 is:
- $625 for online filing
- $675 for paper filing
If filing concurrently for the form I-485, Adjustment of Status:
- $1,440 (including biometrics)
- $950 for applicants under 14 years of age filing with a parent
Besides this, there is a $325 state department processing fee and a $120 fee for the affidavit of support. Lastly, the USCIS charges an additional immigrant fee of $235 to produce and mail the physical green card.
How Long Does It Take To Process Form I-130?
USCIS handles I-130 petitions on first-come, first-served within each category. To establish a priority date quickly, the petitioner must submit a well-prepared Form I-130 package without errors.
The processing time of form I-130 varies from 13 to 54.5 months when the petitioner is a US citizen and 32 to 67.5 months if the petitioner is a lawful permanent resident.
The processing time is generally determined by the form category, i.e., for which relative you are applying and the field officers or service center. You can check the I-130 petition processing time on the USCIS website.
Conclusion
This concludes our guide to bringing your immediate relatives to the US. Now that you are aware of the process and its requirements, it’s time to start filling out I-130 forms, right?
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