What is Form I-130?
Form I-130, also known as the “Petition for Alien Relative,” is a form issued by the United States Citizenship and Immigration Services (USCIS). This form is used by U.S. citizens or lawful permanent residents (green card holders) to petition for certain family members who wish to immigrate to the United States. The purpose of Form I-130 is to establish the qualifying family relationship between the petitioner (the U.S. citizen or green card holder) and the intending immigrant relative.
The form is typically used to sponsor immediate relatives such as spouses, parents, and unmarried children under 21 years of age for immigration to the U.S. However, there are different categories of family-sponsored immigration, each with its own set of eligibility requirements and waiting times.
Submitting Form I-130 is the first step in the family-sponsored immigration process. Once the petition is approved by USCIS, the intending immigrant relative may proceed with the subsequent steps of the immigration process, which may include applying for a visa through a U.S. embassy or consulate if they are outside the U.S., or adjusting their status if they are already in the U.S.
It’s important to note that immigration laws and procedures can change over time, so it’s recommended to refer to the official USCIS website or consult with legal professionals for the most up-to-date and accurate information regarding Form I-130 and the immigration process.
How to fill out Form I-130?
Filling out Form I-130 correctly is crucial to ensure that your petition is processed smoothly. Here are the general steps and guidelines for filling 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 obtain a physical copy from USCIS offices.
- Read the Instructions: Before you start filling out the form, carefully read the accompanying instructions provided by USCIS. These instructions will guide you through the process and provide explanations for each section of the form.
- Gather Required Documents: You will need to provide supporting documents to prove your relationship with the beneficiary (intending immigrant). These documents may include birth certificates, marriage certificates, adoption decrees, and any other documents that establish the familial relationship.
- Complete the Form I-130:
- Part 1 – Information About You (Petitioner): Provide your personal information, including name, address, date of birth, and contact details.
- Part 2 – Information About Your Beneficiary: Provide the beneficiary’s personal information, including name, address, date of birth, and contact details.
- Part 3 – Additional Information About Your Beneficiary: This section asks for information about the beneficiary’s immigration history, current status, and eligibility for adjustment of status (if applicable).
- Part 4 – Information About Your Relationship: Describe your relationship with the beneficiary. This is where you provide details and evidence to establish the family relationship, such as marriage certificates, birth certificates, etc.
- Part 5 – Information About Your Prior Petitions: If you’ve previously filed a petition for the same beneficiary, provide the details here.
- Part 6 – Contact Information, Declaration, and Signature: Sign and date the form, and provide your contact information. If someone helped you fill out the form, they should also provide their information and sign as the preparer.
- Include the Filing Fee: Check the USCIS website for the current filing fee associated with Form I-130. Include a check or money order payable to the “U.S. Department of Homeland Security” with the correct amount.
- Mail the Form: Review your completed form and supporting documents. Make copies of everything for your records. Place the form, supporting documents, and payment in an envelope and mail it to the appropriate USCIS address as indicated in the instructions.
- Receive Receipt Notice: After USCIS receives your petition, you should receive a receipt notice confirming that your petition is being processed. This notice will include a case number that you can use to track the status of your petition.
Remember that immigration forms and processes can be complex, and mistakes or omissions can lead to delays or even denials. If you’re unsure about any aspect of the form or the process, it’s advisable to consult with an immigration attorney or accredited representative to ensure accurate and timely submission.
What documents must be submitted with Form I-130?
When submitting Form I-130, it’s important to provide supporting documents that establish the qualifying family relationship between the petitioner (U.S. citizen or green card holder) and the intending immigrant relative. The exact documents required may vary based on the type of relationship you are petitioning for. Here are some common examples of the types of documents that may need to be submitted:
- Spouse of a U.S. Citizen or Green Card Holder:
- Marriage certificate
- Evidence of bona fide marital relationship (photos, joint financial documents, letters of support from friends and family, etc.)
- Parent of a U.S. Citizen (if the petitioner is over 21 years old):
- Birth certificate of the petitioner
- Birth certificate of the intending immigrant (child)
- Evidence of the parent-child relationship (photos, affidavits, letters, etc.)
- Unmarried Child Under 21 Years of Age of a U.S. Citizen or Green Card Holder:
- Birth certificate of the child
- Birth certificate of the petitioner
- Evidence of the parent-child relationship (photos, affidavits, letters, etc.)
- Unmarried Son or Daughter (21 years of age or older) of a U.S. Citizen:
- Birth certificate of the child
- Evidence of the parent-child relationship (photos, affidavits, letters, etc.)
- Siblings of a U.S. Citizen:
- Birth certificate of the petitioner
- Birth certificate of the intending immigrant (sibling)
- Evidence of the sibling relationship (birth certificates showing common parentage, family documents, etc.)
- Widow(er) of a U.S. Citizen:
- Death certificate of the U.S. citizen spouse
- Marriage certificate
- Evidence of bona fide marital relationship (photos, joint financial documents, letters of support from friends and family, etc.)
- Other Qualifying Relationships:
- The specific required documents will depend on the relationship you are petitioning for. Check the USCIS instructions for Form I-130 to determine the documents needed for your particular situation.
Keep in mind that documents not in English should be accompanied by certified translations. It’s crucial to provide clear and authentic documents to establish the relationship and support the petition. If you’re unsure about which documents to include, it’s advisable to consult the USCIS website, seek legal counsel, or consult with an immigration expert who can guide you through the process.
What is the Form I-130 filing fee?
The filing fee for Form I-130, Petition for Alien Relative, can vary based on several factors, including the petitioner’s relationship to the intending immigrant and the petitioner’s immigration status. It’s important to note that USCIS fees can change over time, so I recommend checking the official USCIS website or contacting USCIS directly for the most up-to-date fee information infosportsworld.
As of my last update, here are some of the common filing fee categories for Form I-130:
- Petitioning for a Spouse, Parent, or Child Under 21 Years of Age of a U.S. Citizen: The filing fee was typically a set amount.
- Petitioning for a Child Over 21 Years of Age of a U.S. Citizen: The filing fee was typically a different set amount.
- Petitioning for a Relative in the Family Preference Categories (e.g., Sibling, Married Child, Unmarried Son/Daughter of a Permanent Resident): The filing fee was usually different from the immediate relative categories.
- Petitioning for a Widow(er) of a U.S. Citizen: The filing fee was generally a set amount.
- Petitioning for a Relative who is the Victim of Abuse: The filing fee might differ, and there could be special provisions for victims of abuse thebirdsworld.
It’s important to verify the specific filing fee for your situation by visiting the USCIS website (uscis.gov) and looking for the most current fee information. USCIS often provides fee calculators or charts to help you determine the correct fee based on your specific circumstances. If you’re uncertain about the fee or need assistance, you can also consult with an immigration attorney or accredited representative.
