Guide to Success: Filling Out Form I-130 – Step-By-Step Instructions

What is Form I-130?

Form I-130, Petition for Alien Relative, is a form used by U.S. citizens and lawful permanent residents (LPRs) to establish the qualifying relationship between themselves and certain foreign relatives who wish to immigrate to the United States. The purpose of Form I-130 is to initiate the family-based immigration process, allowing eligible foreign relatives to eventually apply for lawful permanent residency (green card) and live permanently in the U.S.

Here are some key points about Form I-130:

• Sponsorship: U.S. citizens and LPRs can use Form I-130 to sponsor certain eligible family members for immigration to the U.S. The sponsoring relative is known as the “petitioner,” and the foreign relative is the “beneficiary nailfits.”
• Qualifying Relationships: Form I-130 can be filed for various eligible family relationships, including:
  • S. citizens can petition for their spouses, parents, children (unmarried and under 21), and siblings.
  • LPRs can petition for their spouses and unmarried children.
• Immediate Relatives: Certain relationships are classified as “immediate relatives” and have unique benefits, including unlimited visa numbers. Immediate relatives include spouses, parents of U.S. citizens (if the petitioner is over 21), and unmarried children under 21 of U.S. citizens.
• Preference Categories: For relationships that fall outside the immediate relative category, USCIS allocates visas based on preference categories and the availability of visa numbers. These categories may have limited numbers of visas each year.
• Consular Processing: Once the I-130 petition is approved, the foreign relative typically goes through consular processing if they are outside the U.S. This involves applying for an immigrant visa at a U.S. embassy or consulate in their home country.
• Adjustment of Status: If the beneficiary is already in the U.S., they might be eligible to adjust status to lawful permanent resident status using Form I-485 after the I-130 is approved and a visa number becomes available.
• Filing Fee: Form I-130 requires a filing fee. The fee amount varies and is subject to change. Check the USCIS website for the most up-to-date fee information.
• Processing Time: Processing times for Form I-130 can vary depending on the service center and the type of relationship. Check the USCIS website for the latest processing time information factsmaniya.

Form I-130 is the initial step in the family-based immigration process, and its approval establishes the qualifying relationship that allows eligible foreign relatives to apply for immigration benefits and eventually obtain lawful permanent residency in the United States.

How to fill out Form I-130?

Filling out Form I-130, Petition for Alien Relative, requires careful attention to detail to ensure accuracy and completeness. The form can be complex, so it’s important to follow the instructions provided by U.S. Citizenship and Immigration Services (USCIS). Here’s a general overview of the steps how to fill out Form I-130:

1. Download the Form:

• Visit the USCIS website to download the latest version of Form I-130 and the corresponding instructions.

2. Gather Required Information and Documents:

• Before you start filling out the form, gather all the necessary information and documents. This includes details about you (the petitioner) and your eligible relative (the beneficiary), such as names, birthdates, addresses, and relationship evidence.

3. Choose the Correct Category:

• Select the appropriate category for the relationship you’re petitioning. There are different categories for U.S. citizens and lawful permanent residents (LPRs), as well as different preferences for relatives.

4. Complete Part 1: Information About You (Petitioner):

• Provide your personal information, including your full name, address, date of birth, and contact details.

5. Complete Part 2: Information About Your Eligible Relative (Beneficiary):

• Provide the beneficiary’s personal information, including full name, address, date of birth, and relationship to you.

6. Complete Part 3: Additional Information About You (Petitioner):

• Answer questions about your citizenship, immigration history, and any prior filings related to the beneficiary.

7. Complete Part 4: Other Information:

• Provide information about your previous marriages and prior petitions filed for other beneficiaries.

8. Complete Part 5: Petitioner’s Statement, Contact Information, Declaration, and Signature:

• Review the information you’ve provided and sign the form. Make sure you understand the content of the declaration.

9. Complete Part 6: Interpreter’s Contact Information, Certification, and Signature (if applicable):

• If an interpreter helped you complete the form, provide their information and have them sign the certification.

10. Check the Filing Fee:

• Review the current filing fee for Form I-130 and include the appropriate payment method. Check the USCIS website for the most up-to-date fee information.

11. Check the Supporting Documents:

• Review the list of required supporting documents for your specific relationship category. This can include evidence of the qualifying relationship, such as marriage certificates, birth certificates, etc.

12. Review and Double-Check:

• Before submitting the form, carefully review all the information you’ve entered to ensure accuracy and completeness.

13. Submit the Form:

• Mail the completed Form I-130, along with any required supporting documents and the filing fee, to the appropriate USCIS address based on your location.

14. Keep Copies:

• Make copies of the entire form and all supporting documents before mailing. This will serve as your record of submission.

15. Monitor Your Case:

• Use the USCIS Case Status Online tool to track the progress of your I-130 petition.

Remember that this is a general overview, and the specific steps may vary based on your individual circumstances and the relationship you’re petitioning for. Be sure to review the official instructions provided by USCIS for Form I-130 to ensure accuracy during the application process. If you’re uncertain about any aspect of the form, consider seeking assistance from an immigration attorney or accredited representative.

Form I-130 checklist of required documents

The specific documents required for Form I-130, Petition for Alien Relative, can vary based on the relationship you’re petitioning for and your individual circumstances. Here’s a general checklist of the commonly required documents:

• Form I-130: Completed and signed by the petitioner (U.S. citizen or lawful permanent resident).
• Filing Fee: Check the USCIS website for the most up-to-date fee information and payment methods.
• Supporting Documents for the Petitioner:
  • Copy of the petitioner’s birth certificate (U.S. citizen) or green card (LPR).
  • If applicable, copies of previous marriage certificates, divorce decrees, or death certificates for any previous spouses.
• Supporting Documents for the Beneficiary:
  • Copies of the beneficiary’s birth certificate.
  • Copies of the beneficiary’s passport biographical page(s).
  • If applicable, copies of any marriage certificates, divorce decrees, or death certificates for any previous spouses of the beneficiary.
• Proof of Relationship:
  • Documents that establish the qualifying relationship between the petitioner and the beneficiary. This can include:
    • Marriage certificates for spouses.
    • Birth certificates for parents and children.
    • Marriage certificates or birth certificates for siblings.
    • Other relevant documents proving the relationship.
  • Proof of U.S. Citizenship or Lawful Permanent Residency:
    • Copies of the petitioner’s U.S. passport (U.S. citizen) or green card (LPR).
  • Passport-Style Photographs:
    • Passport-sized photos of the petitioner and the beneficiary, as required by USCIS specifications.
  • Translations: If any of your documents are not in English, provide certified translations along with the original documents.
  • Checklist of Supporting Documents: Include a checklist of all the documents you’re submitting with your Form I-130.
  • Form G-1145 (Optional): This form allows you to receive electronic notifications about your case.
  • Additional Documents (if applicable):
  • If the petitioner is a U.S. citizen petitioning for a spouse, consider including Form I-864, Affidavit of Support, if concurrent filing Form I-485 is planned.
  • If you’re a lawful permanent resident petitioning for your spouse or child, you might need to establish your LPR status with additional documents.
  • Other Relevant Documents: Depending on your individual circumstances, USCIS might request additional documents to verify your eligibility and relationship.

It’s important to note that the documents required can vary based on factors such as your relationship category and the individual circumstances of the case. Always refer to the USCIS instructions for Form I-130 and any specific guidelines provided on the USCIS website. Double-checking and organizing your documents before submitting your application can help ensure a smoother process. If you’re unsure about any aspect of the required documents, consider seeking assistance from an immigration attorney or accredited representative.