May 19, 2024

Form I-130 is a petition for alien relative, which is used by United States citizens or lawful permanent residents to establish the qualifying relationship with a close relative who wishes to immigrate to the United States. The purpose of this form is to establish the qualifying familial relationship between the petitioner and the beneficiary, who is the foreign relative seeking to immigrate.

Here are some key points about Form I-130:

  • Petitioner: The person filing the form is referred to as the petitioner. This is typically a U.S. citizen or a lawful permanent resident.
  • Beneficiary: The person for whom the petition is filed is referred to as the beneficiary. This is the foreign national relative who wishes to immigrate to the United States.
  • Qualifying Relationships: Form I-130 can be used for various family relationships, including spouses, children, parents, and siblings.
  • Purpose: Once the petition is approved, the beneficiary can apply for an immigrant visa or adjust their status to a permanent resident in the United States.

It’s important to note that immigration forms and processes may be subject to updates and changes. For the most current and accurate information, it’s recommended to check the official website of the U.S. Citizenship and Immigration Services (USCIS) or consult with an immigration attorney.

How to fill out Form I-130?

Filling out Form I-130, Petition for Alien Relative, involves providing accurate and complete information about both the petitioner (the U.S. citizen or lawful permanent resident) and the beneficiary (the foreign relative). Below are general guidelines for how to fill out Form I-130:

  • Download the Form: Obtain the latest version of Form I-130 from the USCIS website.
  • Read the Instructions: Before filling out the form, carefully read the accompanying instructions. The instructions provide important information on eligibility, supporting documents, and where to file the form.
  • Provide Basic Information:
    • Complete the petitioner’s information, including name, address, date of birth, and contact details.
    • Include information about the beneficiary, such as name, date of birth, and relationship to the petitioner.
  • Select the Basis for Filing:
    • Indicate the basis for filing the petition. This could be based on the relationship (spouse, parent, child, sibling, etc.).
  • Provide Additional Information:
    • Depending on the relationship, additional information may be required. For example, if filing for a spouse, details about previous marriages and the current marital history may be needed.
  • Provide Supporting Documentation:
    • Include supporting documents to establish the relationship between the petitioner and beneficiary. This may include birth certificates, marriage certificates, and other relevant documents.
    • Include evidence of the petitioner’s U.S. citizenship or lawful permanent resident status.
  • Include Filing Fee:
    • Check the USCIS website or the form instructions for the current filing fee. Include the appropriate payment method, such as a check or money order.
  • Sign and Date the Form:
    • The petitioner must sign and date the form. If the petitioner is a minor, a legal guardian or parent can sign on their behalf.
  • Submit the Form:
    • Mail the completed and signed Form I-130, along with all required supporting documents and the filing fee, to the address provided in the form instructions.
  • Check Case Status:
    • After submission, you can check the status of your case on the USCIS website using the provided receipt number.

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 between the petitioner (the U.S. citizen or lawful permanent resident) and the beneficiary (the foreign relative). However, here is a general checklist of commonly required documents:

  • Form I-130, Petition for Alien Relative:
    • Make sure the form is completed accurately, signed, and dated.
  • Proof of Petitioner’s U.S. Citizenship or Lawful Permanent Residency:
    • U.S. citizens can provide a copy of their birth certificate, U.S. passport, certificate of naturalization, or certificate of citizenship.
    • Lawful permanent residents should include a copy of their green card (both sides).
  • Proof of Relationship:
    • Marriage certificate for spousal petitions.
    • Birth certificates for parent-child relationships.
    • If petitioning for a sibling, documents proving a common parent-child relationship are required.
  • Biographical Information:
    • Passport-style photos of the petitioner and beneficiary.
  • Proof of Name Change (if applicable):
    • If either the petitioner or beneficiary has changed their name, include legal documentation of the name change.
  • Supporting Documents:
    • Additional documents to prove the authenticity of the relationship. This may include joint bank account statements, photographs, lease agreements, and other relevant evidence.
  • Filing Fee:
    • Check the USCIS website or the form instructions for the current filing fee. Include the appropriate payment method, such as a check or money order.
  • G-1145, E-Notification of Application/Petition Acceptance (optional):
    • If you want to receive electronic notifications about your case, you can include this form with your petition.
  • Affidavit of Support (Form I-864):
    • This form is typically required for immediate relatives (spouses, unmarried children under 21) of U.S. citizens. It demonstrates that the petitioner has the financial means to support the beneficiary.
  • Proof of Eligibility for Preference Category (if applicable):
    • If the beneficiary falls into a preference category (such as adult children or siblings of U.S. citizens), additional documentation may be required to establish eligibility.

 

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