USCIS Form I-130: Everything You Need to Know

Form I-130 Explained

The I-130 Petition for Alien Relative is a form from the United States Citizenship and Immigration Services (USCIS), as indicated by the official statement I130. A US citizen or lawful permanent resident can use this form to sponsor a foreign national relative for a green card. The form is required in order to obtain a green card for a relative.

What is the I-130 form used for?

The I-130 form's main function is to prove that a lawful family relationship exists between a U.S. citizen or lawful permanent resident (LPR) and a foreign relative who wants to apply for a green card. The I-130 form is the first stage in the process of sponsoring a family member for a green card and is used to prove that the petitioner and the beneficiary have a legal family relationship.

The I-130 form serves as a petition for the USCIS to approve the beneficiary's eligibility for immigrant status as a family member of the petitioner. To assess the validity of the relationship, the USCIS will examine the application and any supporting documentation. The beneficiary will be able to apply for a green card and will be given an appointment for an interview at the closest US embassy or consulate if the application is accepted.

The I-130 form's overall goal is to help eligible US citizens and LPRs reunite with their foreign family members in the country while also giving them a path to becoming lawful permanent residents.

Who is eligible to file an I-130 Petition for Alien Relative?

The I-130 Petition for Alien Relative can be submitted by any US citizen or lawful permanent resident (LPR) who wants to sponsor a member of their immediate family for a green card. Spouses, parents, children, and siblings are examples of close family members. However, in order to support their claim, the sponsoring US citizen or LPR must show the relationship is real and present supporting evidence.

Form I-130 Instructions

Who can file the I-130 form?

Any US citizen or lawful permanent resident (LPR) who wants to sponsor a member of their immediate family for a green card can obtain the I-130 form. Close family members include people like spouses, parents, kids, and siblings. However, the US citizen or LPR who is sponsoring must show that the relationship is real and support their assertion with evidence.

It is significant to remember that not every member of the family qualifies for I-130 sponsorship. For instance, extended family members such as grandparents, aunts, uncles, cousins, and others are not eligible for sponsorship through this form. Furthermore, the procedure for sponsoring a family member through the I-130 form may vary depending on the nature of the relationship and the status of the sponsoring US citizen or LPR. As a result, you should carefully review the eligibility requirements and speak with an immigration lawyer or other qualified immigration professional if you have any concerns or questions about your eligibility to file the I-130 form.

Which documents must be submitted in order to file the I-130 form?

The I-130 form must be accompanied by a number of documents that prove your eligibility to sponsor your foreign relative for a green card. Depending on the petitioner's relationship to the beneficiary, as well as whether the petitioner is a US citizen or an LPR, different documents may be needed. However, the following list includes some of the most frequently requested documents for most I-130 petitions:

• Completed and Signed I-130 Form:

Ensure the I-130 form is fully filled out and signed.

• Proof of Petitioner's US Citizenship or LPR Status:

Provide evidence such as a birth certificate or green card.

• Proof of Beneficiary's Identity and Relationship:

Include documents like birth certificates, marriage certificates, or adoption decrees.

• Affidavit of Support (Form I-864) for International Beneficiaries:

If the beneficiary is outside the US, submit Form I-864 along with proof of income and financial assets to demonstrate financial support.

• Documentation of Previous Marriages (Petitioner):

If the petitioner has been previously married, supply documents like divorce decrees.

• Documentation of Previous Marriages (Beneficiary):

For the beneficiary's previous marriages, provide divorce decrees and any evidence of custody or support obligations for children from those marriages.

• Evidence of Bona Fide Marriage (If Filing for a Spouse):

If filing for a spouse, present evidence of a genuine marriage such as joint tax returns, joint bank accounts, or joint lease agreements.

• Evidence of Parent-Child Relationship (If Filing for a Child):

When filing for a child, submit evidence of the child's age and the parent-child relationship, such as a birth certificate or DNA test results.

An English translation must be provided if any supporting documents submitted with the I-130 form are not in English. The translation must be certified, which entails a declaration from the translator confirming their eligibility to translate and the accuracy of the text. In addition, the certification needs to have the translator's name, signature, and contact information. To learn more about certified translation, check out our blog post.

USCIS filing fees I-130

The USCIS filing fee for Form I-130 (Petition for Alien Relative) is $535 as of 2023. It is important to note that USCIS fees are subject to change, so before submitting any applications or petitions, check the USCIS website for the most up-to-date filing fees. There may also be additional fees associated with the immigration process, such as fees for medical exams, travel expenses, and legal representation, which should be factored into the overall cost of the immigration process.

How do I file the I-130 Petition for Alien Relative?

Form I-130, Petition for Alien Relative, must be completed and submitted to USCIS by the sponsoring US citizen or LPR. The form must include personal details like the names, birthdates, and addresses of the petitioner and beneficiary. The petitioner must also disclose any prior marriages or divorces, as well as information about their relationship to the beneficiary.

The requirements for Form I-130 include the submission of the following supporting documents along with the completed form:

The USCIS will examine the application and supporting documents after receiving the I-130 Petition for Alien Relative to assess the validity of the relationship. If the application is accepted, the beneficiary will be qualified to submit a green card application and will be given a date and time for an interview at a US embassy or consulate in their country of residence.

Depending on the volume of petitions received by USCIS and the nature of the connection between the petitioner and beneficiary, the processing time for an I-130 Petition for Alien Relative may change. Generally speaking, the USCIS can take several months to more than a year to process the application.

What happens after I file Form I-130?

After receiving the I-130 form, the USCIS will review the petition and supporting materials to decide whether the petitioner is qualified to sponsor their relative for a green card.

If the USCIS finds that the petition is complete and complies with the eligibility requirements, the I-130 petition will be approved and sent to the National Visa Center (NVC) for additional processing. The petitioner and beneficiary will then be informed by the NVC of the next steps in the procedure, which could involve submitting more forms, paying fees, and setting up an appointment for an interview at a US embassy or consulate abroad.

A Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) will be issued by the USCIS if they determine that the petition is insufficient, inaccurate, or inconsistent. The RFE or NOID must be responded to within the allotted timeframe, and the petitioner must also provide any additional information or documentation that the USCIS requests.

If the USCIS decides that the petitioner is ineligible to sponsor their relative for a green card, they will reject the I-130 petition and give a written justification for the decision.

Translation of Supporting Documents

How to Translate I-130 documents?

An English translation must be included with any non-English documents you include with your I-130 petition. The translation must be certified, which means it must contain a declaration from the translator stating that they are qualified to translate and that the text is accurate. Additionally, the certification should include the translator's name, signature, and contact information.

Here are the steps to translating I-130 documents:

1. Identify Documents for Translation:

• Recognize which documents need translation; any non-English documents should be translated.

2. Find a Qualified Translator:

• Locate a translator proficient in both English and the original language.

• Prioritize a qualified translator with expertise in legal document translation or knowledge of the specific subject matter.

3. Provide Documents To Translator:

• Furnish the translator with a copy of the original document requiring translation.

4. Request Certified Translation:

• Ask the translator to produce a certified translation.

• The certification should affirm the translator's competence, accuracy of translation, and include their name, signature, and contact details.

5. Submit Original and Translated Documents:

• Combine the original document and the certified translation.

• Submit both versions together with your I-130 petition.

Bonus: If the prospect of handling the translation process yourself seems daunting, you may want to explore the option of enlisting the help of online certified translation services. These services can provide a convenient and efficient way to ensure that your documents are accurately translated and meet USCIS requirements.

I-130 Petition Processing Time

How long does it take to process the I-130 form?

The length of time it takes to process an I-130 form depends on a number of variables, such as the volume of cases currently being processed by USCIS, the nature of the relationship between the petitioner and the beneficiary, and whether all necessary documentation was submitted with the application in a timely manner. However, the USCIS reports that the current average I-130 form processing time is between 6 and 24 months.

The USCIS may approve the I-130 petition in a matter of months if the application is submitted correctly with all necessary supporting documentation and there are no problems or delays. The processing time could be increased, though, if the USCIS needs more proof or finds mistakes or omissions in the application. Furthermore, due to local conditions and processing times, the processing time may be longer if the application is being processed at a USCIS office outside of the United States.

It is important to remember that processing times are not guaranteed and are subject to change. It is advised that you check the USCIS website for the most recent processing times and speak with an immigration lawyer or other knowledgeable immigration professional to make sure you are prepared for any potential delays or problems with your application.

How to check form i130 status?

You can use the USCIS online case status tool to find out the current status of your I-130 petition. The steps to check the status of your I-130 petition are as follows:

• Visit USCIS Case Status Online:

Access the USCIS Case Status Online page.

• Input Receipt Number:

Enter your USCIS receipt number, located on the receipt notice sent after submitting your I-130 petition.

• Check Status:

Click on the "Check Status" button.

• Review Petition Status:

The system will display the current status of your I-130 petition. If pending, it will provide the estimated processing time.

You can call USCIS at 1-800-375-5283 to get your receipt number and find out the status of your I-130 petition if you haven't received a receipt notice or if you've misplaced your receipt notice.

It is significant to note that USCIS processing times can change and that the estimated processing time provided by the online case status tool is only an estimate. You can also call USCIS or make an appointment with an immigration officer at your neighborhood USCIS field office if you have questions about how your I-130 petition is being handled or require more information.

I-130 Petition Denial and Approve

What happened after I 130 approved?

Following the approval of the I-130 petition, the beneficiary's location and immigration status will determine the next steps.

If the beneficiary is already in the US and eligible for adjustment of status, the petitioner can file the I-485 application to register permanent residence or adjust status. In addition, the beneficiary must attend a biometrics appointment and an interview at a USCIS office.

If the beneficiary is not a US citizen, they must go through consular processing at a US embassy or consulate in their home country. The National Visa Center (NVC) will send instructions on how to proceed with consular processing and will arrange for the beneficiary to attend a visa interview.

What Is The Next Step After I-130 Approval For Spouse?

Form DS-260: Fill out and submit the online DS-260 immigrant visa application.

Affidavit of Support (Form I-864): To prove your ability to support your spouse financially, prepare and submit the Affidavit of Support.

National Visa Center (NVC):A visa interview must be scheduled at the American embassy or consulate in the nation of your spouse once the NVC has reviewed your paperwork.

Medical Examination and Police Clearance: Your spouse must have a police clearance certificate and have their health examined by a doctor on an approved panel.

Visa Interview: Attend the visa interview so that your spouse can provide the i130 required documents and discuss their background and future aspirations.

Visa Approval: If successful, your spouse will be issued an immigrant visa.

U.S. Entry: Your spouse will enter the U.S. through a port of entry, and a Green Card will be mailed to your U.S. address.

Can I file an appeal if my I-130 is denied?

Yes, you can file an appeal for the denial of your I-130 form if you believe that the USCIS made an incorrect decision. A Form I-290B, Notice of Appeal or Motion, must be submitted as the first step in the appeals procedure within 30 days of the date of the denial letter. There are two kinds of appeals: formal and informal.

Administrative Appeals: These appeals are submitted to the USCIS Administrative Appeals Office (AAO) and are frequently used for family-based petitions, employment-based petitions, and other USCIS applications and petitions.

Judicial Review: If the petitioner's appeal is turned down at the AAO level, the petitioner may be able to submit a petition for judicial review to the relevant federal court.

It is important to note that the appeals process can be lengthy and complicated, and the likelihood of success varies depending on the reasons for the denial and the strength of the appeal. Additionally, some denials, such as those based on security or criminal grounds, might not be appealable.

You might be able to challenge the decision if your I-130 form is rejected through an administrative appeal or judicial review. It is advised that you speak with an immigration attorney or other qualified immigration professional to determine the best course of action for your particular circumstance.

I-130 Withdrawal

If I change my mind, can I withdraw my I-130 form?

Yes, you can cancel your I-130 form if you change your mind about sponsoring your relative for a green card. By sending a written request to the USCIS office handling your application, you can withdraw the I-130 petition. Your name, the name of your relative, the receipt number, and a statement indicating your desire to withdraw the petition should all be included in the request.

It is significant to note that it might be challenging to withdraw the I-130 petition after the USCIS approves it and sends it to the National Visa Center (NVC). In some circumstances, the NVC might have already started handling the case, so the petitioner might need to take extra steps to formally withdraw the petition.

Furthermore, the I-130 petition may not necessarily result in your relative's legal status in the US being terminated if they have already applied for or received a visa or green card based on the petition. It is advised that you speak with an immigration attorney or other qualified immigration professional to determine the best course of action for your particular circumstance.

In general, you can withdraw the I-130 petition by sending a written request to the USCIS office handling your application if you decide against sponsoring your relative for a green card. It is advised that you seek professional assistance because the process may vary depending on the application's status.

How to withdraw i-130 petition?

To withdraw an I-130 petition, the petitioner must write to USCIS and request the withdrawal. The petitioner's name, address, and date of birth, as well as the beneficiary's name and date of birth, should be included in the request.

If the petition is still pending, the petitioner should include the receipt number and explain why the withdrawal is being requested. If the petition has already been approved, the petitioner must include a copy of the approval notice and explain why the withdrawal is being requested.

The petitioner should sign and date the request, and any additional documentation or evidence should be included. Additional information or documentation may be required by USCIS to verify the petitioner's identity and relationship to the beneficiary.

Before making a decision on the withdrawal, USCIS will review the request and may request additional information or documentation. If the petition has already been approved, the USCIS may notify the beneficiary of the withdrawal and offer them options for future immigration applications.

Frequently Asked Questions

Do I need a lawyer to file the I-130 form?

Although you are not required to have legal representation in order to file the I-130 form, it is advised that you do so in order to ensure that you are properly filling out the form and submitting the necessary documentation.

An immigration lawyer or other expert can help you prepare for any required hearings or interviews as well as provide advice on any potential problems or issues that might come up during the application process. Additionally, a lawyer or other professional can help you comprehend your legal rights and options if your application is delayed or denied.

In general, hiring a lawyer is not necessary to file the I-130 form, but doing so can increase your chances of success by ensuring that your application is prepared and submitted correctly.

The I-130 Petition for Alien Relative is a critical step in obtaining a green card for a foreign national relative. By filling out the form and submitting i130 required documents, US citizens and LPRs can sponsor members of their immediate family for a green card and reunite with their family members in the US. The process can be challenging and time-consuming, but the outcome is well worth the effort.

How long after i-130 approval to interview?

The wait time for an interview after Form I-130 clearance varies depending on various criteria such as the visa type, the applicant's location, and processing times at USCIS and consular offices. The interview process might typically take six to eight weeks or more to begin. The entire I-485 process, which follows I-130 approval, typically takes 8 to 14 months, including the USCIS interview, for candidates altering their status within the United States. Keep in mind that these are estimations that may change depending on specific circumstances and workload at USCIS and consulates.

Can you travel after filing I-130?

After submitting Form I-130, the Petition for Alien Relative, you can usually travel. Your freedom to travel is not automatically restricted by submitting this form. However, there are a few crucial factors to take into account:

Travel Documents: Make sure you have the proper travel documentation, such as a current passport and any required visas for the nation you intend to visit.

Stay Informed: Keep track of the progress of your I-130 petition. Search for any correspondence from U.S. Citizenship and Immigration Services (USCIS) regarding your petition, including any notices or requests for evidence (RFEs).

Immigration Status: The majority of the time, your travel won't have an effect on your petition if you are the petitioner (the American citizen or permanent resident who is sponsoring a family member). Be wary, though, if you are the beneficiary (the person for whom the I-130 was submitted). Your ability to get an immigrant visa may be impacted by prolonged travel abroad or modifications to your immigration status.

Interviews and Visa Processing: Following the approval of your I-130 petition, the following phase frequently entails consular processing, which includes a meeting at the American embassy or consulate in your country of residence. This interview requires your presence. Protracted international travel at this phase could slow down or complicate the procedure.

Advance Parole (if applicable): Consider requesting advance parole (Form I-131) if you need to leave the country while your application is being processed if you are a non-immigrant with a valid visa or an undocumented immigrant who has submitted an Adjustment of Status (Form I-485) with your I-130 petition. Your adjustment of status application can be rejected if you travel without advance parole.

Maintaining Ties: Maintaining solid ties to the U.S. when traveling, such as property ownership, bank accounts, and family relationships, is advised to show that you intend to come back.

Can I travel after i-130 is approved?

Yes, you can travel once your I-130 is issued, but you must keep your present immigration status and future application processes in mind. If you are in the United States on a non-immigrant visa, make sure it allows for re-entry. Traveling without Advance Parole may result in application abandonment for individuals altering status (I-485). Traveling while overseas will not effect your I-130, but it will ensure that you are available for future procedures such as consular processing. Consult an immigration attorney for guidance tailored to your individual situation.

Can I File I 130 And I 485 Concurrently?

Yes, you can concurrently file I 130 and I 485.

How to file i130 and i485 together?

You must meet certain eligibility requirements in order to file the I-130 and I-485 jointly. Typically, you must be an immediate family member of a U.S. citizen, such as a spouse, parent, or unmarried child under the age of 21, and the relative must be present in the country and qualified for adjustment of status.

Here are the steps to file the I-130 and I-485 together:

Fill Out I-130 Form:

• Complete the I-130 form and submit it to USCIS with i130 required documents.

Notification and NVC Processing:

• Once accepted, USCIS notifies you and forwards your case to the National Visa Center (NVC).

Complete I-485 Form:

• Fill out the I-485 form and submit it with necessary materials, proving eligibility for status adjustment.

Inform NVC and Delay Processing:

• Notify NVC of I-485 submission and request a hold on case processing until I-485 is resolved.

Biometrics Appointment:

• Attend a biometrics appointment for fingerprinting and photography.

USCIS Interview:

• Attend a USCIS interview to discuss your application and determine eligibility for status adjustment.

Please take note that submitting Forms I-130 and I-485 together does not ensure that your application will be approved; further review and inspection by USCIS may still be necessary. If you have any concerns about submitting the I-130 and I-485 jointly, it is advised that you consult an immigration lawyer or other qualified immigration specialist.

What is the difference between i-130 and i-485?

The distinctions between Form I-130 and Form I-485 are critical in the immigration procedure in the United States:

Purpose:

Form I-130 (Petition for Alien Relative): This form is used by a U.S. citizen or lawful permanent resident to establish a qualifying relationship with a foreign relative they seek to sponsor for permanent residency in the United States.

Form I-485 (Application to Register Permanent Residence or Adjust Status): Used by a foreign relative from within the United States to seek for lawful permanent resident status (a Green Card).

Who Is Filing:

I-130: Filled by the sponsor, who is a US citizen or permanent resident.

I-485: Filled by a foreign relative (the I-130 petition's beneficiary) requesting to change their status to that of a lawful permanent residence.

Process:

I-130: Proves the existence of a legal family relationship. It is the initial step in the family-based green card application process.

I-485: Following I-130 approval, the recipient seeks to alter their status to permanent residence while in the United States.

Visa Requirements:

I-130: This form does not award a visa or any legal status; it merely initiates the procedure.

I-485: Can only be filed if a visa for the beneficiary's category is available (immediate relative categories always have visas available).

Location:

I-130: Can be filed regardless of where the beneficiary lives.

I-485: Filled by a beneficiary who is physically present in the United States.

Can I file the I-130 form if I am a lawful permanent resident but not a US citizen?

Yes, as a lawful permanent resident (LPR) of the United States, you may submit an I-130 petition to request that particular members of your family obtain LPR status. However, as an LPR, you are only allowed to petition for your spouse and unmarried children. Although LPRs are allowed to use the I-130 form to sponsor family members, there is a cap on the total number of visas they can apply for annually. As a result, the beneficiary might have to wait a while to get a green card, particularly if there is a high demand for visas.

Additionally, the petitioner must provide evidence of their ability to support the beneficiary financially by submitting a Form I-864 affidavit of support, proof of income, and financial assets if the beneficiary is outside the country.

In general, if you are an LPR, you can use the I-130 form to apply for a green card for your partner or your unmarried children. However, depending on the nature of the relationship and other factors, the procedure and eligibility requirements may differ. It is advised that you speak with an immigration lawyer or other knowledgeable immigration professional to make sure you are qualified to file the I-130 form and that you have provided all necessary documentation.

Can I file the I-130 form while my relative is still in the US?

Yes, you can file the I-130 form for your relative while they are still in the US. If your relative is already in the United States and is not eligible for adjustment of status, they may need to leave the country and apply for an immigrant visa at a U.S. consulate in their home country.

If your relative is already in the country and is qualified to adjust status to that of a lawful permanent resident, you may submit Form I-130 and Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently. However, the beneficiary may be required to maintain lawful status in the United States while their application is processed, as well as attend a biometrics appointment and an interview.

Understanding that submitting the I-130 form does not give your relative legal status in the US is crucial. They must wait until their green card application is accepted before they are allowed to stay legally.

All in all, if your relative is already a resident of the country, you can start the I-130 form and other necessary form submission processes to start the green card application process. However, the eligibility requirements and procedure may vary depending on your relative's circumstances, so it is advised that you speak with an immigration lawyer or other knowledgeable immigration professional to make sure you are submitting the right documents and following the right steps.

“We collected and distilled information on immigration for our site visitors from USCIS and other sources as a basic guide. MotaWord is a translation platform providing certified translations for immigration applicants and not a law firm. The information provided should not be construed as legal advice and might not be current. For current information please refer to the USCIS website or speak to your licensed immigration attorney.”