Form I-130
What is
Form I-130
Form I-130 is a critical document used by U.S. citizens and lawful permanent residents to establish a qualifying relationship with a foreign relative who wishes to immigrate to the United States. This form is the first step in the family-based immigration process and is essential for reuniting families under U.S. immigration law. By submitting this form, the petitioner demonstrates their intent to sponsor a family member for lawful permanent residency, paving the way for the beneficiary to apply for an immigrant visa or adjustment of status.
Filing Process
Completing the Form
- Form I-130 and Form I-130A (if applicable): should be filled out completely and accurately. Ensure all sections are completed, all questions answered, and all required signatures are original.
- Include all required supporting documents: as detailed above, and ensure they are properly organized and labeled.
- Translations: any document in a foreign language must be accompanied by a certified English translation.
Where to File
- Online: through the USCIS website for eligible petitioners.
- By mail: to the appropriate USCIS address, which varies depending on the petitioner’s location and whether they are filing Form I-130 alone or concurrently with other forms.
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What Happens After Filing?
Processing Times
- Typical processing times: can vary depending on the USCIS workload and the relationship category. Generally, it can take several months to over a year.
- Check the USCIS website: for current processing times and updates specific to your case.
Approval and Next Steps
- Notification: USCIS will send a notice of receipt and then an approval notice if the petition is accepted.
- National Visa Center (NVC): approved petitions are forwarded to the NVC for visa processing if the beneficiary is abroad.
- Adjustment of Status: certain I-130 petitions can be filed concurrently with Form I-485 if the beneficiary is in the United States, meets other eligibility criteria, and a visa number is available for that family category. This enables the beneficiary to apply for a green card from within the United States, bypassing the NVC and consular processing.
Denial and Appeals
- Common reasons for denial: insufficient documentation, ineligible relationships, and incomplete forms.
- Appeals: denied petitions can be appealed by filing Form I-290B, Notice of Appeal or Motion, within 30 days of the decision. It is crucial to provide additional evidence or clarify misunderstandings that led to the denial.
Supporting documents needed for Form I-130 petition for alien relative
Generally required documents
- Proof of the petitioner’s U.S. citizenship or lawful permanent resident (LPR) status: this can include a U.S. passport, birth certificate, naturalization certificate, or green card.
- Proof of the relationship between the petitioner and the beneficiary: such as birth certificates, marriage certificates, and evidence of legal name changes.
- Completed Form I-130 and Form I-130A (for spouse beneficiaries only): these forms must be filled out accurately and completely, including all required signatures.
Specific Documents for Various Relationships
Filing for Spouse
- Marriage certificate: showing the names of both spouses, the date, and the place of marriage.
- Proof of termination of previous marriages: divorce decrees, annulment orders, or death certificates.
- Petitioner’s proof of U.S. Citizenship or LPR status
- Beneficiary’s birth certificate
- Evidence of a bona fide marriage: joint property ownership, joint bank accounts, joint leases, photos of the couple together, correspondence, and affidavits from friends and family.
- Evidence of any legal name change
- Two passport-style photos: of both the petitioner and the spouse.
Filing for Children
- Beneficiary’s Birth certificate: showing the names of both parents.
- Petitioner's birth certificate
- Petitioner’s marriage certificate(s): if you are a father applying for your child born within a marriage.
- Petitioner’s proof of U.S. citizenship or LPR status
- Evidence of any legal name change
Filing for Parents
- Petitioner’s birth certificate: showing the names of both parents.
- Beneficiary’s birth certificate
- Parents’ marriage certificate(s): if you are applying for your father and your parents are/were married.
- Petitioner's Proof of U.S. citizenship
- Evidence of any legal name change
Filing for Siblings
- Birth certificates: of both siblings showing at least one common parent.
- Petitioner's proof of U.S. citizenship
- Evidence of any legal name change
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H-1B visa and the lottery system
H-1B visa cap exemptions
Premium processing for H-1B visa
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Eligibility criteria
For U.S. Citizens
U.S. citizens can file Form I-130 for the following relatives:
- Spouse: demonstrating a bona fide marriage through marriage certificates and evidence of the relationship.
- Unmarried children under 21: birth certificates proving the parental relationship.
- Unmarried sons or daughters 21 or older: birth certificates and proof of continued single status.
- Married sons or daughters of any age: birth certificates and marriage certificates.
- Siblings: birth certificates of both siblings showing at least one common parent, and the petitioner must be 21 or older.
- Parents: birth certificate of the petitioner showing the names of both parents, and the petitioner must be 21 or older.
For Lawful Permanent Residents
Lawful permanent residents can file Form I-130 for the following relatives:
- Spouse: similar to U.S. citizens, proving the bona fide nature of the marriage.
- Unmarried children under 21: birth certificates showing the parental relationship.
- Unmarried sons or daughters 21 or older: birth certificates and proof of continued single status.
Who Cannot File Form I-130?
Form I-130 cannot be filed for:
- Adoptive parents or children: if the adoption occurred after the child turned 16, or if the child hasn’t lived with the parents for at least 2 years.
- Natural parents: if the petitioner gained status through adoption or as a special immigrant juvenile.
- Step-parents or step-children: if the marriage occurred after the child turned 18.
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