Who needs to fill out Form I-130?
Form I-130, Petition for Alien Relative, is typically filled out by a U.S. citizen or lawful permanent resident (green card holder) who wishes to sponsor a family member for immigration to the United States. The purpose of Form I-130 is to establish the qualifying relationship between the petitioner (the U.S. citizen or green card holder) and the foreign national relative (the beneficiary) who seeks to immigrate to the U.S. Here are some common scenarios in which Form I-130 needs to be filled out:
- U.S. Citizens Sponsoring Immediate Relatives:
- U.S. citizens can file Form I-130 to sponsor their spouse, unmarried children under 21, and parents for immigration to the United States.
- U.S. Citizens Sponsoring Other Relatives:
- U.S. citizens can also file Form I-130 to sponsor other family members, such as unmarried children over 21, married children of any age, and siblings. These categories fall under the Family Preference categories and have longer waiting times due to visa limits.
- Green Card Holders Sponsoring Family Members:
- Green card holders can file Form I-130 to sponsor their spouse and unmarried children of any age. However, green card holders cannot sponsor parents or siblings.
In all cases, the petitioner (U.S. citizen or green card holder) is responsible for filling out and submitting Form I-130 to establish the qualifying relationship with the beneficiary. The form requires information about both the petitioner and the beneficiary, as well as documentation to prove the family relationship.
It’s important to carefully review the USCIS instructions and guidelines for Form I-130 to ensure accurate completion. Additionally, consulting with an immigration attorney can provide you with personalized guidance and help ensure that you are following the correct procedures and meeting all requirements.
How to fill out Form I-130?
Filling out Form I-130, Petition for Alien Relative, involves providing accurate and detailed information about both the petitioner (the U.S. citizen or green card holder) and the beneficiary (the foreign national relative). The form is available on the official U.S. Citizenship and Immigration Services (USCIS) website, and it’s important to use the most up-to-date version of the form. Here’s a step-by-step guide to filling out Form I-130:
Step 1: Download and Review the Form
- Visit the USCIS website and locate Form I-130.
- Download and save the form to your computer.
- Review the form instructions (Form I-130A if applicable) to understand the requirements and gather necessary documents.
Step 2: Gather Required Information
- Collect personal and biographical information for both the petitioner and the beneficiary.
- Gather necessary documentation to prove the familial relationship, such as birth certificates, marriage certificates, divorce decrees, etc.
Step 3: Complete Form I-130
- Section 1: Provide information about the petitioner, including name, address, date of birth, and contact information.
- Section 2: Indicate the beneficiary’s relationship to the petitioner (spouse, child, parent, etc.).
- Section 3: Provide the beneficiary’s biographical information, including name, date of birth, country of birth, and more.
- Section 4: Answer questions related to the beneficiary’s marital history.
- Section 5: If applicable, provide information about the beneficiary’s previous marriages.
- Section 6: Provide information about the beneficiary’s children, if any.
- Section 7: Indicate the petitioner’s citizenship or immigration status.
- Section 8: Sign and date the form.
Step 4: Complete Form I-130A (if applicable)
- If the beneficiary is your spouse, you might need to complete Form I-130A, Supplemental Information for Spouse Beneficiary.
- Provide additional biographical information about the beneficiary.
Step 5: Check for Filing Fee and Payment
- Review the USCIS website for the current filing fee for Form I-130.
- Include a check or money order payable to the U.S. Department of Homeland Security with the correct amount.
Step 6: Prepare Supporting Documents
- Attach necessary documents to prove the familial relationship (e.g., birth certificates, marriage certificates, etc.).
- Include any translations if the documents are not in English.
Step 7: Review and Organize
- Double-check all the information to ensure accuracy and completeness.
- Organize the form, supporting documents, and payment according to the USCIS instructions.
Step 8: Mail the Package
- Mail the completed Form I-130, supporting documents, and payment to the address specified in the form instructions.
Remember, this is a general guide, and specific requirements might vary based on your circumstances. It’s essential to follow the USCIS instructions and provide accurate information. If you’re unsure about any aspect of the form or the process, consulting with an experienced immigration attorney can provide you with personalized guidance and help ensure a successful application.
Form I-130 checklist of required documents
Preparing a comprehensive checklist of required documents for Form I-130, Petition for Alien Relative, is crucial to ensure the successful processing of your petition: https://bwea.com/i-130-form/
The documents you need to include will depend on the petitioner’s relationship to the beneficiary and the specific circumstances of your case. Here’s a general checklist of documents you might need:
Required Documents for Form I-130:
- Form I-130: Completed and signed by the petitioner (U.S. citizen or green card holder).
- Proof of Petitioner’s U.S. Citizenship or Permanent Resident Status: Examples include a copy of the petitioner’s U.S. passport, naturalization certificate, or green card.
- Proof of Beneficiary’s Identity: Copy of the beneficiary’s passport, birth certificate, or other government-issued identification.
- Marriage Certificate: A copy of the official marriage certificate to demonstrate the legal marriage between the petitioner and beneficiary.
- Proof of Bona Fide Marriage: Documents showing that the marriage is genuine and not solely for immigration purposes. Examples include joint bank accounts, joint lease or mortgage, joint bills, joint tax returns, etc.
- Proof of Termination of Previous Marriages (if applicable): Documents such as divorce decrees or death certificates if either party was previously married.
- Affidavits of Support: Sworn statements from friends and family attesting to the legitimacy of the marriage. These affidavits should be notarized.
- Passport Photos: Passport-style photos of both the petitioner and beneficiary.
- Proof of Legal Name Change (if applicable): If either party has changed their name, include legal documentation to show the name change.
- Check or Money Order: Payable to the U.S. Department of Homeland Security for the appropriate filing fee. Check the USCIS website for the current fee amount.
- Translations (if applicable): If any of the documents are not in English, include certified translations.
- Other Supporting Documentation: Any additional evidence that supports the authenticity of the marriage and relationship, such as photographs, correspondence, joint utility bills, etc.
Remember that this checklist is a general guide, and the specific requirements might vary based on your circumstances and USCIS guidelines. Always refer to the official USCIS instructions for Form I-130 to ensure that you’re providing the required documents accurately and effectively.
Additionally, consulting with an experienced immigration attorney can provide you with personalized guidance and help ensure that you’re meeting all requirements and submitting a complete and accurate petition.