What is Form I-130?
Form I-130, officially known as the “Petition for Alien Relative,” is a form issued the United States Citizenship Immigration Services (USCIS). This form is used U.S. citizens or permanent residents (green card holders) to establish the qualifying relationship between them a foreign national relative who wishes to immigrate to the United States. The purpose of Form I-130 is to initiate the family-based immigration process.
Key points about Form I-130:
- Sponsorship: U.S. citizens lawful permanent residents can use this form to sponsor certain family members for immigration to the United States, including spouses, parents, children (unmarried under 21 for U.S. citizens), siblings (for U.S. citizens only).
- Establishing Relationship: The form requires the petitioner (the U.S. citizen or permanent resident) to provide information about themselves their eligible relative, including details about their relationship, such as birth certificates, marriage certificates, or other supporting documentation.
- Filing Fee: There is a filing fee associated with Form I-130, it must be submitted along with the completed form supporting documents.
- Processing Time: Processing times for Form I-130 can vary depending on the relationship the immigration category. After USCIS approves the petition, the foreign national relative can move forward with the immigration process, which may involve consular processing or adjustment of status.
- Conditional Residency: In some cases, if the sponsoring U.S. citizen the beneficiary relative have been married for less than two years at the time the beneficiary obtains lawful permanent resident status, the beneficiary will receive conditional residency, a Form I-751 (Petition to Remove Conditions on Residence) must be filed jointly during the 90-day period before the conditional residency expires.
How to Fill Out Form I-130?
Filling out Form I-130, the “Petition for Alien Relative,” is a crucial step in the family-based immigration process in the United States. To complete the form accurately, follow these general steps:
- Download the Form: You can download Form I-130 from the official U.S. Citizenship Immigration Services (USCIS) website (uscis.gov). Make sure you are using the most recent version of the form.
- Read the Instructions: Before you begin filling out the form, carefully read the accompanying instructions (Form I-130 Instructions). The instructions provide important guidance on how to complete the form which supporting documents to include.
- Gather Supporting Documents: Collect all the necessary supporting documents to prove your eligibility the qualifying relationship with the beneficiary (the foreign national relative). Common documents may include:
- Birth certificates for both the petitioner (the U.S. citizen or permanent resident) the beneficiary.
- Marriage certificates (if applicable).
- Divorce decrees (if either the petitioner or beneficiary was previously married).
- Evidence of U.S. citizenship or permanent residency for the petitioner (e.g., passport, green card).
- Passport-style photos of both the petitioner beneficiary.
- Proof of any legal name changes.
- Proof of any previous immigration petitions or applications (if applicable).
- Filing fee or fee waiver request, if eligible.
- Complete the Form: Fill out the form accurately completely. Use black ink write neatly. Ensure that all required fields are filled in. Provide your full legal name, date of birth, other personal information accurately.
- Provide Beneficiary Information: If you are sponsoring a family member, provide their full legal name, date of birth, country of birth, other requested details. Indicate your relationship with the beneficiary.
- Submit Documentation: Include photocopies of the required supporting documents. Do not send original documents unless specifically requested USCIS. Make sure all photocopies are clear legible.
- Sign Date: Sign date the form where required. If someone else is preparing the form on your behalf (a preparer), they should also sign provide their information.
- Check for Errors: Double-check the form for errors, omissions, or inconsistencies. Mistakes can lead to processing delays or denials.
- Pay the Fee: Include the appropriate filing fee with your application. Check the USCIS website for the current fee amount. Payment can usually be made check or money order payable to the “U.S. Department of Homeland Security.”
- Mail the Application: Review the form supporting documents one more time to ensure everything is in order. Mail the completed Form I-130 supporting documents to the address specified in the instructions.
- Keep Copies: Make copies of the entire application package (including the form, supporting documents, payment) for your records.
- USCIS Processing: USCIS will process your application, you will receive a receipt notice. You may also be contacted for additional information or to schedule an interview.
Form I-130 checklist of required documents
When submitting Form I-130, the “Petition for Alien Relative,” you should include a checklist of required documents to support your petition. The specific documents you need will depend on your relationship with the beneficiary your own immigration status (U.S. citizen or permanent resident). Here’s a general Form I-130 checklist of commonly required documents:
- Form I-130: The completed signed Form I-130 itself. Make sure it is filled out accurately completely.
- Filing Fee: Include the appropriate filing fee or fee waiver request, if eligible. Check the USCIS website for the current fee amount payment options.
- Proof of U.S. Citizenship or Permanent Residency: Include a copy of your U.S. passport, birth certificate, certificate of naturalization, certificate of citizenship, or green card (Form I-551).
- Proof of Qualifying Relationship: Provide documentation to establish the qualifying relationship between you (the petitioner) the beneficiary. Common documents include:
- Marriage certificate (for spouses)
- Birth certificates (for parents children)
- Adoption decrees (for adopted children)
- Divorce decrees (if either party has been previously married)
- Passport-Style Photos: Include passport-style photos of both you (the petitioner) the beneficiary. Follow USCIS photo requirements.
- Beneficiary’s Biographical Information: Include the beneficiary’s full legal name, date of birth, country of birth, any other requested details.
- Proof of Legal Name Changes: If either you or the beneficiary has ever legally changed your name, provide documentation to prove the name change (e.g., marriage certificates, court orders).
- Affidavit of Support (Form I-864): If you are a U.S. citizen sponsoring an immediate relative (spouse, parent, or unmarried child under 21), you may need to submit an Affidavit of Support (Form I-864) to demonstrate that you can financially support the beneficiary.
- Affidavit of Support (Form I-864A): If you are a U.S. citizen you are jointly sponsoring the beneficiary with another relative, the joint sponsor should submit an Affidavit of Support (Form I-864A) in addition to the Form I-864.
- Evidence of Bona Fide Marriage: If you are sponsoring a spouse, provide evidence of a bona fide (genuine) marriage. This may include wedding photos, joint bank account statements, lease agreements, any other documents that demonstrate a shared life together.
- Payment Documents: If you are using income or assets to meet the financial requirements on Form I-864, include supporting documentation such as tax returns, W-2 forms, pay stubs, bank statements.
- G-325A Biographic Information Forms: If required, complete submit G-325A forms for both you (the petitioner) the beneficiary. Check the Form I-130 instructions to see if G-325A forms are necessary.
- Translations: If any of your supporting documents are not in English, include certified translations.
- Additional Documents: Depending on the specific circumstances of your case, USCIS may request additional documents. Be prepared to provide any additional information or evidence requested.
