How to fill out I 130?
I-130 Form: Step-by-Step Instructions. There are several general rules to follow when filling out an I-130. It's best to fill out the form on your computer, but if you're writing answers by hand, use a pen with black ink.
How to fill out the I-130 Form step by step?
Filling out the I-130 Form. The first page of the form at the top begins by saying “For USCIS use only.” Clearly do not write anything there. Below you will see a part in which it says “START HERE”. That’s where you should start writing. In part 1, you will establish the relationship between the sponsor and the beneficiary.
How can I download I 130 form?
You can find and download Form I-130A on USCIS’s website here: Download Form I-130A. When completing Form I-130A, type or write legibly with black ink. It’s important that you fully and accurately answer each question. Remember, providing false information on any government form may result in your immigration application being denied.
What is I 130 immigration?
Form I-130 of the United States Citizenship and Immigration Services (USCIS) is used to prove your relationship with an eligible relative who wishes to enter the United States permanently. Officially called "Petition for Alien Relative," Form I-130 is the first step in a family member's immigration process.
What type of visa is I-130?
What Is the Purpose of Form I-130? A citizen or lawful permanent resident of the United States may file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) to establish the existence of a relationship to certain alien relatives who wish to immigrate to the United States.
What does it mean when I-130 is approved?
What does an I-130 approval mean? The I-130 Petition is the first part of the marriage-based green card application. If this is approved, it means that USCIS has agreed that your spouse qualifies for a green card and that you have provided the necessary documents to evidence your spousal relationship.
How long does it take for a I-130 to be approved?
5 to 9 monthMost Form I-130 petitions for immediate relatives are approved within a 5 to 9 month time frame, but they can take longer in some cases. If you are in the United States and also filed an application to adjust status, USCIS will begin reviewing Form I-485 at this point.
How much does a 130 visa cost?
$535The filing fee for Form I-130 is $535. The filing fee for this petition cannot be waived. NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this petition.
Does I-130 require an interview?
The interview enables USCIS to verify important information about the applicant to determine eligibility for adjustment. For family-based applications, USCIS generally requires the Form I-130 petitioner to appear for the interview with the principal adjustment of status applicant.
Can I travel after I-130 is approved?
However, if your I-130 petition is approved and you have filed for adjustment of status or you concurrently filed I-130 and I-485 and they are in pending status then traveling outside the U.S. will result in abandoning your application.
What is the next step after I-130 is approved?
Adjustment of Status After I-130 is Approved The foreign national would file Form I-485, Application to Register Permanent Residence or Adjust Status, as the primary form in an adjustment of status application package.
What documents do I need to file I-130?
A copy of your naturalization citizenship certificate issued by USCIS or the former Immigration and Naturalization Service (INS); A copy of Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a U.S. Embassy or U.S. Consulate; A copy of your unexpired U.S. passport; or.
What's next after filing I-130?
Within two to three weeks after you file, the USCIS will send you written notification that they have received your I-130 petition. In addition, a Form I-797C, Notice of Action, will arrive in the mail, providing you with a receipt number you can use online to check your case status.
How long does I-130 take to get approved 2022?
Between five and 14.5 monthsAverage time - Between five and 14.5 months to get a Form I-130 petition (Petition for Alien Relative) approved by USCIS as of early 2022; another six to 11 months or longer to get an immigrant visa to come to the United States.
Do I need a lawyer to file I-130?
One can always file an I-130 petition on their own, without the assistance of an attorney to do so.
How long does it take for I-130 to be approved 2021?
How long does the I-130 petition process take? For immediate relatives (spouse, unmarried child under 21 or parent) of a U.S. citizen living abroad, the wait times for Form I-130 are currently between 7.5-13.5 months.
Is there premium processing for I-130?
Premium Processing isn't available for I-130 petitions, but you can send a special request to USCIS if you want to expedite processing for Form I-130. USCIS will usually only consider the request if there are urgent humanitarian or U.S. government interests.
How long does it take to bring a sibling to the United States?
If you've submitted everything correctly and accurately, the application will be approved. This usually takes somewhere between 2 to 5 years. But the waiting time may further extend in some cases. You may be asked to wait until the priority date and the visa bulletin dates become current.
How long does a US spouse visa take to process?
Average time -- Around 10.5 months to get the fiancé visa petition (Form I-129F) approved by USCIS as of early 2022; then another several months to get the K-1 visa from a U.S. consulate; then another two years or longer to get the U.S. green card, depending on which USCIS office is handling it.
Can I-130 and i485 be filed together?
When I-130 and I-485 Can Be Filed Concurrently. Filing Form I-130 and I-485 concurrently means that you submit both applications at the same time, together with the necessary documentation and the filing fees. This is also called “one-step adjustment” in some cases.
What is the difference between Form I-130 and Form I-485?
Form I-130 is the first step to helping a relative apply for a green card if you are a U.S. citizen or permanent resident and you want to prove tha...
How do I file Form I-130?
You can file Form I-130 either online or via mail. To file online, you need to create an online account with USCIS. You can also file Form I-130 by...
What are the fees for the I-130?
An I-130 petition currently costs $535, paid using a check or credit card, using Form G-1450.
Can I expedite processing for Form I-130?
Premium Processing isn’t available for I-130 petitions, but you can send a special request to USCIS if you want to expedite processing for Form I-1...
Who can file Form I-130?
If you are a U.S. citizen, you can file Form I-130 for each of your eligible relatives. This includes your spouse, your children, your siblings, an...
What documents will I need to file Form I-130?
When filing Form I-130, you will need to show evidence of your relationship to the relative you are petitioning for. Some of the documents you may...
My Form I-130 has been approved. What happens next?
Once the I-130 has been approved, your relative can apply for their green card. If they are an immediate relative, such as a parent, spouse, or unm...
Will I need to go to a biometrics appointment for Form I-130?
USCIS may request biometrics information from any applicant, sponsor, or petitioner. After your file your I-130, you will receive Form I-797C from...
What happens if my Form I-130 is denied?
There are many reasons why an application may be denied. If USCIS denies your I-130 petition, you will receive Form I-797 (“Notice of Action”) in t...
How can I check my I-130 case status?
You can track the processing of your case online using your 13-digit case receipt number, which can be found on any notification letter sent by USCIS.
What is an I-130?
Form I-130 (officially called the “Petition for Alien Relative”) establishes that a valid family relationship exists between a U.S. citizen or green card holder and a person seeking a green card. This form is often simply referred to as the “I-130 petition.”. Filing the I-130 petition with U.S.
How to file I-130?
You can file Form I-130 either online or via mail. To file online, you need to create an online account with USCIS. This will also make it easier to receive case alerts, check your status, upload supporting evidence and see all case correspondence.
What does it mean to be married while in immigration court?
A spouse, if you married your spouse while he or she was part of any immigration court proceedings (a hearing in an immigration court for someone facing deportation, or, more formally, “removal”) Any relative, if USCIS has determined that this person married, or attempted to marry, purely for immigration purposes.
Where to file for USCIS?
If you live outside the United States, you may file at the USCIS Dallas Lockbox or online. If there are special circumstances, you can request to file at the closest U.S. Embassy.
Where do I send my I-130?
Depending on which state you live in and whether or not your relative is filing Form I-485 as well, USCIS will require you to send to either the Dallas, Chicago or Phoenix Lockbox.
How long does it take to get an I-130?
For immediate relatives of a U.S. citizen, I-130 processing times currently average 15 to 20 months (as of June 7, 2021). For family preference visas (for example, siblings), processing times can range anywhere from 13.5 months to 20 or more years. The sooner you get started on your I-130 application, the better.
Can I file an I-130 for my grandchild?
There are some eligibility exclusions that prevent the filing of an I-130 petition, even when the above family relationships exist. You cannot file an I-130 in order to sponsor any of the following relatives: A grandparent, grandchild, nephew, niece, uncle, aunt, cousin, or parent-in-law.
What age can I file an I-130?
Unmarried children of any age. Married children of any age. Siblings (if the applicant is older than 21 of age) Parents (if the applicant is older than 21 of age) Permanent Residents Filing I-130 Form. Spouse.
How long does it take to get an I-130?
For I-130, the typical processing time is approximately 5 months.
How long does it take to get a USCIS visa?
Although the USCIS tries to keep the processing time under 5 months, recent processing times may go as high as 15 months. This is generally due to issues on the initial application such as incomplete documentation and inability to fill the form correctly.
How long does it take to hear back from USCIS?
Processing Receipt from the USCIS. After applicants successfully submit the form, they can expect to hear back from the USCIS within 2 to 3 weeks. In addition, USCIS shall send Form I-797C, Notice of Action, acknowledging the receipt of the application.
What is immediate relative?
Immediate relatives account for a particular class of people in the family. These are listed below.
How many parts are in the I-130?
Form I-130 consists of eight parts. While applicants must fill out each section of the form, applicants should provide special attention to the following selections. Failing to complete these sections will result in automatic rejection from the USCIS.
Can I-130 be delayed?
To avoid delays, applicants are encouraged to submit all required documents with the initial application. Form I-130 processing time can vary depending on the USCIS caseload at the time.
What age can I file for I-130?
NOTE 1: The U.S. citizen may file the I-130 petition for any of the above listed family members provided the U.S. citizen is age 21 or older , except for a spouse where, technically, there is no minimum age. NOTE 2: Spouses, Unmarried Children (under age 21), and Parents of U.S. citizens are all “immediate relatives” and are not subject ...
Who can not file an I-130?
7. A grandparent, grandchild, nephew, niece, uncle, aunt, cousin, or in-law. A U.S. citizen may not file I-130 for his or her relative in the following categories or circumstances: A natural parent, if the U.S. citizen son or daughter filing the petition gained permanent residence through adoption.
What is the form for alien relative?
A U.S. citizen or lawful permanent resident may file a Petition for Alien Relative (Form I-130) with the U.S. Citizenship & Immigration Service to establish their relationship to certain alien relatives who wish to immigrate to the U.S. NOTE: A separate form must be filed for each eligible relative.
Do unmarried children need a visa?
NOTE 2: Spouses, Unmarried Children (under age 21), and Parents of U.S. citizens are all “immediate relatives” and are not subject to any quotas so a visa is always available for them. All others are in “preference” categories and are subject to quotas so they must wait for a visa to become available before they can become permanent residents.
Do you have to wait for a visa to become a permanent resident?
NOTE 3: All qualifying relatives of permanent residents are in preference categories and must wait for a visa to become available before they can become permanent residents.
Do I have to file an I-130 for my dependents?
This means that a separate Form I-130 do not have to be filed for these dependent relatives. The spouse and children of immediate relatives, however, are not permitted to follow-to-join and must be petitioned for separately. 2. The Qualifying Relatives of Permanent Residents (Green Card Holders): i.
Can I file an I-130 for my relative?
NOTE: A separate form must be filed for each eligible relative. USCIS generally processes the Form I-130, Petition for Alien Relative, on a first in, first out basis within the preference categories. The filing and approval of an I-130, however, is only the first step in helping a relative immigrate to the United States. Certain family members must wait until there is a visa number available before they can apply for an immigrant visa or file for adjustment of status to a lawful permanent resident.
What is an I-130?
An I-130 is a petition for a family-based immigrant visa that starts the process of getting a green card. Form I-130, Petition for Alien Relative, is filed to establish an eligible family relationship with a foreign relative to inform (USCIS) that you intend to help that person obtain a green card (permanent residency) in the United States. ...
What is the I-130 approval?
Here are 5 points to know about an I-130 approval: 1. It Does Not Grant Lawful Permanent Residence—You become eligible for a green card classification as a legal permanent resident. However, you still must obtain either an Adjustment of Status or go through consular processing.
What is an I-130 petition?
Approval of an I-130 petition is the first step for an immigrant to file an application for a green card ( lawful permanent residence).
How long is a petition valid for residency?
2. The petition is valid indefinitely until it is actually used to obtain a legal permanent residency or until the petition is revoked. 3. An approved petition that has already been used to obtain residency cannot be used a second time. In those circumstances, you need to file a second petition. 4.
What happens if I don't file an I-130?
If you did not properly file your Form I-130, USCIS will send a Notice of Action to reject the petition or may send a Request for Evidence that requests additional items. Either will significantly delay your request. Thus, it is vital to prepare the I-130 correctly and submit all required supporting documents.
How to change address on I-130?
Tip: If the petitioner or beneficiary change a mailing address during this time, don’t forget to inform USCIS. Call USCIS at 1-800-375-5283 to change the address with your pending I-130 petition.
How long does it take to get an immigrant visa number?
For many people, it can take several years before the priority date is current.
How long does it take for a notice of action to be sent after filing an I-130?
Formally known as Form I-797C, Notice of Action (see example below), the receipt notice typically arrives 2 to 3 weeks after filing. If you did not properly file your Form I-130, USCIS will send a Notice of Action to reject the petition or may send a Request for Evidence that requests additional items.
What is an immediate relative?
Immigration law defines immediate relatives as the spouse, unmarried children (under age 21) and parents of a U.S. citizen. They are given priority. More accurately, there is no numerical limit on immigrant visas for immediate relatives. Therefore, the wait time is much shorter.
Is the I-130 a first come first served?
Within each category, USCIS processes the I-130 petition on a first-come, first-served basis. Therefore, it is important to get onto this wait list early by establishing a priority date. It is extremely important that the petitioner file a well-prepared Form I-130 package that is free of errors and inconsistencies.
Can I file for a green card at the same time as I-130?
Tip: If an immediate relative is in the United States through a lawful entry, it's generally easiest (and fastest) to file the green card application (Form I-485) at the same time as Form I-130. Learn more about adjustment of status.
How long can you stay in the US on a K-3 visa?
If you are granted a K-3 visa, the Department of Homeland Security (DHS) will admit you for a 2-year period. You generally cannot change your status in the U.S. to another nonimmigrant visa category.
What happens if I-129F is approved?
If USCIS Approves Form I-129F First. If your Form I-129F petition is approved before your Form I-130, USCIS will send your petition to the Department of State. To receive a K-3 or K-4 visa, your spouse must submit a nonimmigrant visa application with the Department of State.
How long can a K-3 visa be extended?
USCIS grants extensions of stay for K-3 and K-4 visa holders in 2-year increments.
How to get a K-3 visa for spouse?
To obtain a K-3 visa for your spouse, you (the U.S. citizen) must first file two petitions with USCIS: Form I-130, Petition for Alien Relative: Submit Form I-130 to the correct USCIS address. To find the correct address, go to the “Where to File” section on the Form I-130 page. You will then receive a Form I-797, Notice of Action, ...
How old do you have to be to get a stepparent visa?
In order for you to create an eligible step-parent/step-child relationship, the child must have been under 18 years of age when you and your spouse married. If USCIS approves your Form I-130 before or at the same time as your Form I-129F, your spouse and his or her children will no longer need a K-3 or K-4 visa.
How long do I have to file an extension of stay for a K-3 visa?
If you have either a K-3 or K-4 visa, you may submit a Form I-539, Application to Extend/Change Nonimmigrant Status to USCIS in the 120 days before your authorized stay expires. To be eligible for an extension of stay, you must show either:
How long is a green card valid for?
This means that the Green Card you and your children receive will be valid for two years. In order to remove the conditions on residence, you (and your children) and your U.S. citizen spouse must file a Form I‑751, Petition to Remove Conditions of Residence in the 90 days before your Green Card expires.
What is a K visa?
K nonimmigrant visas – For U.S. citizen fiancé (e) and spouse for immigration related purposes. Refer to Immigrant Visa Categories.
What determines what type of visa is required?
The purpose of your intended travel and other facts will determine what type of visa is required under U.S. immigration law. As a visa applicant, you will need to establish that you meet all requirements to receive the category of visa for which you are applying. When you apply at a U.S embassy or consulate, a consular officer will determine based on laws, whether you are eligible to receive a visa, and if so, which visa category is appropriate.
What does a consular officer determine when applying for a visa?
When you apply at a U.S embassy or consulate, a consular officer will determine based on laws, whether you are eligible to receive a visa, and if so, which visa category is appropriate. ALL / ALL /.
What is priority date for I-130?
For family-sponsored immigrants, the priority date is the date that the Form I-130, Petition for Alien Relative, or in certain instances the Form I-360, Petition for Amerasian, Widow (er), or Special Immigrant, is properly filed with USCIS.
When is a visa available?
A visa is available to you when your priority date is earlier than the cut-off date shown for your preference category and country of chargeability in the applicable chart in the Visa Bulletin, as described above in the Acceptance of Adjustment of Status Applications section.
What does U visa mean?
If the Visa Bulletin shows “U” in a category, this means that immigrant visas are temporarily unavailable to all applicants in that particular preference category and/or country of chargeability.
What is the form I-485?
We will accept Form I-485, Application to Register Permanent Residence or Adjust Status, from family-sponsored and employment-based adjustment of status preference applicants according to the monthly Visa Bulletin that DOS publishes as a guide for issuing visas at U.S. Consulates and Embassies.
What is the DOS visa bulletin?
DOS, working with the Department of Homeland Security, revises the Visa Bulletin each month to estimate immigrant visa availability for prospective adjustment of status applicants. If DOS makes any changes to either chart in the Visa Bulletin after publishing it, we will review those changes and determine if any further action is necessary. Check the latest dates for filing adjustment of status applications .
What is the Immigration and Nationality Act?
The Immigration and Nationality Act (INA) sets the number of immigrant visas the U.S. Department of State (DOS) can issue to aliens seeking to become lawful permanent residents (get a Green Card) each year. Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available.
What is visa retrogression?
Sometimes, a priority date that is current one month will not be current the next month, or the cut-off date will move backward to an earlier date. This is called visa retrogression, which occurs when more people apply for a visa in a particular category than there are visas available for that month. Visa retrogression generally occurs when the annual limit for a category or country has been exhausted or is expected to run out soon. When the new fiscal year begins on Oct. 1, a new supply of visa numbers becomes available. Usually, but not always, the new supply returns the cut-off dates to where they were before retrogression.
