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Form I-130: The Essential First Step in Family-Based Immigration
What Is Form I-130, and Why Is It Important?
Form I-130, also known as the Petition for Alien Relative, is the first legal step U.S. citizens and lawful permanent residents take to sponsor a relative to immigrate to the U.S. It establishes a qualifying family relationship with the foreign relative. While it starts the immigration process, it does not grant immigration benefits on its own. It paves the way for the beneficiary to apply for permanent residency and a green card.
Who Can File Form I-130 and for Whom?
A U.S. citizen can file Form I-130 for:
Spouses, parents, children (unmarried and married), and siblings.
A lawful permanent resident (green card holder) can file Form I-130 for:
Spouses and unmarried children.
Each family member requires a separate I-130 form.
What Should You Include When Filing Form I-130?
To successfully file Form I-130, it’s essential to include documents proving both the petitioner’s status and the relationship.
For U.S. citizens: Submit proof like a U.S. birth certificate, valid U.S. passport, or naturalization certificate.
For permanent residents: Provide a copy of the front and back of your green card.
For the relationship: Provide marriage certificates for spouses, birth certificates for children, and other supporting documents like photos, joint accounts, or leases.
Do I Need to Translate Documents for Form I-130?
Yes, if any documents are in a foreign language, USCIS requires an accompanying certified English translation. These translations must be accurate and include a certification of the translator’s qualifications. Translations Certified provides USCIS-compliant certified translations, ensuring that your application proceeds without unnecessary delays.
What Are the Typical Processing Times for Form I-130?
Processing times for Form I-130 can vary widely based on the relationship and where the relative is located. For immediate relatives (spouses, minor children, and parents of U.S. citizens), processing is typically faster because these categories are exempt from visa quotas. Processing can take 5-15 months for these cases.
For other family members, such as siblings or married children, the wait can extend from 5 to 30 months, depending on visa availability and the priority date of the application.
How Can I Check My Form I-130 Case Status?
After filing Form I-130, you can track its progress using the USCIS online case status tool. To check your case, you’ll need the 13-digit receipt number provided by USCIS when they acknowledge the form.
Can I Expedite the Processing of Form I-130?
Expediting Form I-130 is generally not available unless there are extraordinary circumstances, such as medical emergencies or severe humanitarian reasons. You can request expedited processing, but approval is granted at the discretion of USCIS and requires supporting documentation to justify the urgency.
How Does Form I-130 Fit Into the Overall Immigration Process?
Form I-130 is just the initial step to begin the immigration process for family members. After USCIS approves the petition, the next steps depend on whether the family member (beneficiary) is inside or outside the U.S.:
If in the U.S.: The beneficiary can file Form I-485 to adjust their status to permanent resident.
If outside the U.S.: The beneficiary will follow consular processing by applying for an immigrant visa through the U.S. Embassy or Consulate in their home country.
What If My Form I-130 Is Denied?
If your Form I-130 is denied, you have options. You may be able to appeal the decision by filing Form I-290B, Notice of Appeal or Motion, within 30 days of the denial. Understanding the reason for denial and providing additional documentation or clarification during the appeal process is crucial.
What Happens After My Form I-130 Is Approved?
After USCIS approves the petition, the next step depends on your relative’s location:
If in the U.S.: Your relative can proceed by filing Form I-485 to adjust their status to a lawful permanent resident.
If outside the U.S.: The case will be forwarded to the National Visa Center (NVC) for consular processing. The relative will need to complete the DS-260 immigrant visa application and attend an interview at a U.S. Embassy or Consulate.
What Is the Cost to File Form I-130?
The filing fee for Form I-130 is $535. Payments can be made via check, money order, or credit card using Form G-1450. Make sure all payments are made payable to the “U.S. Department of Homeland Security.” It’s important to double-check the fee amounts on the official USCIS website before submitting your form.
Can I File Form I-130 and Form I-485 Together?
Yes, concurrent filing is possible in certain cases, particularly for immediate relatives of U.S. citizens (spouses, parents, and children under 21). In these situations, Form I-130 and Form I-485 can be filed simultaneously, which helps speed up the process of obtaining a green card for the beneficiary.
What Documents Should I Submit If I’m Petitioning My Spouse?
For marriage-based petitions, you’ll need to prove that your marriage is genuine. Here are the required documents:
- Your marriage certificate.
- Proof of joint ownership of property (if applicable).
- Joint financial accounts (bank accounts, insurance policies).
- Photos of the couple together (from the wedding, trips, family events).
- Affidavits from family or friends attesting to the authenticity of the marriage.
What If My Form I-130 Petition Is Denied?
If USCIS denies your petition, they will issue a notice outlining the reasons for the denial. In some cases, you may be able to appeal the decision by filing Form I-290B (Notice of Appeal or Motion) within 30 days of the decision. If appealing, ensure that any deficiencies identified in the denial notice are addressed thoroughly.
The information provided here is for general informational purposes only and is not intended to be legal advice. While we strive to ensure that the information is accurate and current, it is not a substitute for professional legal counsel. Please consult with a qualified attorney for advice regarding your specific situation or legal questions.