What is Form I-130?
Form I-130, officially known as the “Petition for Alien Relative,” is a form used by United States citizens and lawful permanent residents (green card holders) to sponsor certain family members who wish to immigrate to the United States. The form is submitted to the U.S. Citizenship and Immigration Services (USCIS), which is a part of the U.S. Department of Homeland Security.
The purpose of Form I-130 is to establish the qualifying familial relationship between the petitioner (the U.S. citizen or green card holder) and the beneficiary (the foreign family member seeking immigration). This form is commonly used to petition for the following family members:
Spouses of U.S. citizens and their unmarried minor children.
Unmarried children of U.S. citizens who are over 21 years old.
Parents of U.S. citizens who are at least 21 years old.
Married children of U.S. citizens.
Siblings of U.S. citizens who are at least 21 years old.
By filing Form I-130, the petitioner is essentially indicating their willingness to financially sponsor the beneficiary and help them become a lawful permanent resident in the United States. Once the I-130 petition is approved by USCIS, the beneficiary can then proceed with the next steps in the immigration process, which may include applying for an immigrant visa (if outside the U.S.) or adjusting status to a lawful permanent resident (if already in the U.S.).
It’s important to note that the immigration process and requirements can change over time, so it’s recommended to consult the official USCIS website or seek legal advice from an immigration attorney to ensure you have the most up-to-date and accurate information when dealing with immigration-related matters.
How to fill out Form I-130?
Filling out Form I-130 can be a detailed and important process, as it involves providing accurate information about your familial relationship and other relevant details. Here are the general steps to fill out Form I-130:
- Download the Form: You can download Form I-130 from the official U.S. Citizenship and Immigration Services (USCIS) website (uscis.gov) or request a physical copy from the USCIS.
- Read the Instructions: Before you start filling out the form, carefully read the accompanying instructions (Form I-130 Instructions) provided by USCIS. These instructions will guide you through each section of the form and help you understand the requirements.
- Gather Required Documents: Depending on your relationship with the beneficiary, you may need to provide supporting documents to establish the familial relationship. These documents might include birth certificates, marriage certificates, divorce decrees, and other relevant records. Check the instructions to see what documents are required for your specific situation.
- Complete the Form: Follow these general steps to complete the form:
- Section 1: Provide your personal information as the petitioner, including your name, address, date of birth, and contact information.
- Section 2: Provide information about the beneficiary, including their name, relationship to you, and other relevant details.
- Section 3: If applicable, provide information about the beneficiary’s parents.
- Section 4: Provide information about your marital history, if applicable.
- Section 5: Sign and date the form.
- Provide Documentation: As mentioned earlier, you will need to provide supporting documents to prove the familial relationship. Make sure to follow the instructions for each type of document you need to submit.
- Fees: Check the USCIS website or the form instructions for information about the filing fee and payment methods. Fees can change, so make sure you have the most up-to-date information.
- Mail the Form: After completing the form and assembling the necessary documents, mail the form and any required fees to the address specified in the instructions.
- Await Notification: Once USCIS receives your form, they will process it and notify you of its receipt. You will receive a notice with a receipt number, which you can use to track the status of your petition.
Remember, this is a general overview, and the specific requirements and procedures can vary depending on your circumstances. It’s highly recommended to refer to the official USCIS website and the Form I-130 Instructions for the most accurate and up-to-date information. If you’re unsure about any aspect of the form or the process, consider consulting an immigration attorney or a qualified legal expert for guidance.
Form I-130 filing fee
The filing fee for Form I-130, Petition for Alien Relative, was $535. However, fees for immigration forms can change, so it’s important to check the official U.S. Citizenship and Immigration Services (USCIS) website for the most up-to-date information on filing fees before submitting your application.
Keep in mind that USCIS fees can vary based on factors such as the type of application, your immigration status, and your age. Additionally, there might be additional fees associated with other steps in the immigration process, such as applying for an immigrant visa or adjusting status.
To find the current filing fee for Form I-130 and any associated fees, visit the USCIS website or contact USCIS directly for accurate and current information.
Form I-130 checklist of required documents
The specific documents required for Form I-130 can vary based on the relationship between the petitioner (the U.S. citizen or green card holder) and the beneficiary (the foreign family member). Below is a general checklist of documents that are often required or recommended to establish the qualifying familial relationship. Please note that this is a general guideline, and you should always refer to the most current version of the USCIS instructions for Form I-130 for the most accurate and up-to-date information.
- Proof of Identity and Citizenship/Lawful Permanent Residency (for the petitioner):
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Copy of your U.S. passport, naturalization certificate, or green card (front and back).
- Proof of Qualifying Relationship:
- Marriage certificate for spouses.
- Birth certificates for parents and children.
- Divorce decrees or death certificates if applicable (to prove prior marriages ended).
- Proof of Legal Name Change (if applicable):
- Court documents
or legal records showing name changes.
- Passport-style Photos:
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Passport-style photos of the petitioner and beneficiary, as required by USCIS specifications.
- Evidence of a Genuine Relationship (for spouses):
- Copies of joint financial records (bank accounts, leases, mortgages).
- Copies of shared utility bills.
- Photos of the couple together.
- Affidavits from friends and family members attesting to the legitimacy of the marriage.
- Proof of U.S. Citizenship or Permanent Residency (for the beneficiary):
- Copy of the beneficiary’s passport.
- Birth certificate for the beneficiary.
- Translation of Documents (if not in English):
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If any documents are in a language other than English, include certified translations.
- Affidavit of Support (Form I-864):
- Depending on the relationship, the petitioner may need to provide an Affidavit of Support to demonstrate their ability to financially support the beneficiary.
Remember, the specific requirements can vary depending on your situation. Always consult the latest USCIS instructions for Form I-130 to ensure you provide the correct and necessary documents. It’s also a good idea to keep copies of all the documents you submit for your records. If you’re uncertain about any aspect of the document submission process or which documents to include, you might consider seeking assistance from an immigration attorney or a qualified legal expert.
Can Form I-130 be submitted online?
Form I-130, Petition for Alien Relative, can be submitted online through the USCIS website’s Electronic Immigration System (USCIS ELIS). However, it’s important to note that the online filing option might not be available for all categories of beneficiaries or for all types of petitions. The availability of online filing can vary based on USCIS policies and updates.
To determine whether online filing is currently available for Form I-130 and to get the most up-to-date information on the filing process, you should visit the official U.S. Citizenship and Immigration Services (USCIS) website. They will provide information about the eligibility requirements for online filing and guide you through the steps if this option is available for your specific situation. If online filing is not available or if you prefer to file by mail, you can still submit a paper Form I-130 as per the instructions provided by USCIS.
