USCIS I-130 Template

USCIS I-130 Template

The USCIS I-130 form, officially known as the Petition for Alien Relative, serves as a crucial step for U.S. citizens and lawful permanent residents seeking to establish a family relationship with a foreign national. This form initiates the process of bringing a relative to the United States for immigration purposes. Understanding its requirements and implications is essential for a smooth application process, so consider filling out the form by clicking the button below.

Table of Contents

The USCIS I-130 form, officially known as the Petition for Alien Relative, plays a crucial role in the immigration process for families wishing to reunite in the United States. This form is primarily used by U.S. citizens and lawful permanent residents to establish a qualifying relationship with a foreign relative. By submitting the I-130, you are essentially starting the journey for your loved one to obtain a visa or green card. The form requires you to provide essential information about both yourself and your relative, including details like names, dates of birth, and proof of your relationship, such as marriage certificates or birth certificates. Additionally, supporting documents are necessary to demonstrate your eligibility and the legitimacy of your relationship. Understanding the nuances of the I-130 process can significantly impact the outcome, making it vital to approach it with care and attention to detail. This article will guide you through the key aspects of the I-130 form, ensuring you feel equipped to navigate this important step in bringing your family together.

USCIS I-130 Sample

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Petition for Alien Relative

 

 

 

 

 

 

 

 

 

 

USCIS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Department of Homeland Security

 

 

 

 

 

 

 

 

 

Form I-130

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OMB No. 1615-0012

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

U.S. Citizenship and Immigration Services

 

Expires 02/28/2027

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For USCIS Use Only

 

 

 

Fee Stamp

 

 

 

 

 

 

Action Stamp

 

 

 

 

 

A-Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A-

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Initial Receipt

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Resubmitted

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Relocated

 

 

 

 

 

 

 

 

Section of Law/Visa Category

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Received

 

201(b) Spouse - IR-1/CR-1

203(a)(1) Unm. S/D - F1-1

203(a)(2)(B) Unm. S/D - F2-4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

201(b) Child - IR-2/CR-2

203(a)(2)(A) Spouse - F2-1

203(a)(3) Married S/D - F3-1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sent

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

201(b) Parent - IR-5

203(a)(2)(A) Child - F2-2

203(a)(4) Brother/Sister - F4-1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Completed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved

 

Petition was filed on (Priority Date mm/dd/yyyy):

 

Field Investigation

 

Personal Interview

204(a)(2)(A) Resolved

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Previously Forwarded

 

Pet. A-File Reviewed

I-485 Filed Simultaneously

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Returned

 

PDR request granted/denied - New priority date (mm/dd/yyyy):

 

 

 

203(g) Resolved

 

Ben. A-File Reviewed

204(g) Resolved

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Remarks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

At which USCIS office (e.g., NBC, VSC, LOS, CRO) was Form I-130 adjudicated?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To be completed by an attorney or accredited representative (if any).

 

 

 

 

 

 

 

 

 

Select this box if

 

 

Volag Number

 

 

 

Attorney State Bar Number

 

Attorney or Accredited Representative

 

 

Form G-28 is

 

 

(if any)

 

 

 

 

(if applicable)

 

USCIS Online Account Number (if any)

 

 

attached.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

START HERE - Type or print in black ink.

If you need extra space to complete any section of this petition, use the space provided in Part 9. Additional Information.

Complete and submit as many copies of Part 9., as necessary, with your petition.

Part 1. Relationship (You are the Petitioner. Your relative is the Beneficiary)

1.I am filing this petition for my (Select only one box):

Spouse

Parent

Brother/Sister

Child

2.If you are filing this petition for your child or parent, select the box that describes your relationship (Select only one box):

Child was born to parents who were married to each other at the time of the child's birth

Part 2. Information About You (Petitioner)

1.Alien Registration Number (A-Number) (if any)

A-

2.USCIS Online Account Number (if any)

3.U.S. Social Security Number (if any)

Stepchild/Stepparent

Child was born to parents who were not married to each other at the time of the child's birth

Child was adopted (not an Orphan or Hague Convention adoptee)

3.If the beneficiary is your brother/sister, are you related by

adoption?

Yes

No

4.Did you gain lawful permanent resident status or

citizenship through adoption?

Yes

No

Your Full Name

4.a. Family Name

(Last Name)

4.b. Given Name

(First Name)

4.c. Middle Name

Form I-130 Edition 04/01/24

Page 1 of 12

Part 2. Information About You (Petitioner)

(continued)

Other Names Used (if any)

Provide all other names you have ever used, including aliases, maiden name, and nicknames.

5.a. Family Name (Last Name)

5.b. Given Name (First Name)

5.c. Middle Name

Other Information

6.City/Town/Village of Birth

7.Country of Birth

8.

Date of Birth (mm/dd/yyyy)

 

9.

 

 

 

 

 

 

 

 

 

Sex

 

Male

Female

 

 

 

 

 

 

 

 

Mailing Address

 

 

(USPS ZIP Code Lookup)

10.a. In Care Of Name

 

 

 

 

10.b.

 

 

 

 

 

 

 

 

 

Street Number

 

 

 

 

 

 

 

 

 

 

10.c.

and Name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Apt.

Ste.

Flr.

 

 

10.d.

City or Town

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10.e.

 

 

 

 

10.f.

 

 

State

 

 

 

ZIP Code

 

10.g.

 

 

 

 

 

 

 

 

 

Province

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10.h.

Postal Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10.i.

Country

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11.Is your current mailing address the same as your physical

address?

Yes

No

If you answered "No" to Item Number 11., provide information on your physical address in Item Numbers 12.a. - 13.b.

Address History

Provide your physical addresses for the last five years, whether inside or outside the United States. Provide your current address first if it is different from your mailing address in Item

Numbers 10.a. - 10.i.

Physical Address 1

 

 

 

12.a. Street Number

 

 

 

 

 

 

 

 

12.b.

and Name

 

 

 

 

 

 

 

 

 

 

 

 

 

Apt.

Ste.

Flr.

 

 

12.c.

City or Town

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

12.d.

 

 

 

 

 

 

 

 

 

 

12.e. ZIP Code

 

State

 

 

 

 

12.f.

 

 

 

 

 

 

 

 

Province

 

 

 

 

 

 

 

 

 

 

 

 

12.g.

Postal Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

12.h.

Country

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

13.a. Date From (mm/dd/yyyy)

13.b. Date To (mm/dd/yyyy)

 

 

 

PRESENT

 

 

 

 

 

 

 

 

 

 

Physical Address 2

 

 

 

 

14.a. Street Number

 

 

 

 

 

 

 

 

 

 

14.b.

and Name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Apt.

Ste.

Flr.

 

 

 

14.c.

City or Town

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

14.d.

 

 

 

 

 

 

 

 

 

 

 

14.e. ZIP Code

 

 

State

 

 

 

 

 

14.f.

 

 

 

 

 

 

 

 

 

Province

 

 

 

 

 

 

 

 

 

 

 

 

 

 

14.g.

Postal Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

14.h.

Country

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

15.a. Date From (mm/dd/yyyy)

15.b. Date To (mm/dd/yyyy)

Your Marital Information

16. How many times have you been married? ►

17.Current Marital Status

Single, Never Married

Married

Divorced

Widowed

Separated

Annulled

 

Form I-130 Edition 04/01/24

Page 2 of 12

Part 2. Information About You (Petitioner)

(continued)

18.Date of Current Marriage (if currently married)

(mm/dd/yyyy)

Place of Your Current Marriage (if married)

19.a. City or Town

19.b. State

19.c. Province

19.d. Country

Names of All Your Spouses (if any)

Provide information on your current spouse (if currently married) first and then list all your prior spouses (if any).

Spouse 1

20.a. Family Name

(Last Name)

20.b. Given Name

(First Name)

20.c. Middle Name

21. Date Marriage Ended (mm/dd/yyyy)

Spouse 2

22.a. Family Name

(Last Name)

22.b. Given Name

(First Name)

22.c. Middle Name

23. Date Marriage Ended (mm/dd/yyyy)

27.Country of Birth

28.City/Town/Village of Residence

29.Country of Residence

Parent 2's Information

Full Name of Parent 2

30.a. Family Name

(Last Name)

30.b. Given Name

(First Name)

30.c. Middle Name

31. Date of Birth (mm/dd/yyyy)

32. Sex

Male

Female

33.Country of Birth

34.City/Town/Village of Residence

35.Country of Residence

Additional Information About You (Petitioner)

36.I am a (Select only one box):

U.S. Citizen

Lawful Permanent Resident

If you are a U.S. citizen, complete Item Number 37.

37.My citizenship was acquired through (Select only one box):

Birth in the United States

Information About Your Parents

Parent 1's Information

Full Name of Parent 1

24.a. Family Name

(Last Name)

24.b. Given Name

(First Name)

24.c. Middle Name

25.Date of Birth (mm/dd/yyyy)

26. Sex

Male

Female

Naturalization

Parents

38.Have you obtained a Certificate of Naturalization or a

Certificate of Citizenship?

Yes

No

If you answered "Yes" to Item Number 38., complete the following:

39.a. Certificate Number

39.b. Place of Issuance

39.c. Date of Issuance (mm/dd/yyyy)

Form I-130 Edition 04/01/24

Page 3 of 12

Part 2. Information About You (Petitioner)

(continued)

If you are a lawful permanent resident, complete Item

Numbers 40.a. - 41.

40.a. Class of Admission

40.b. Date of Admission (mm/dd/yyyy)

Place of Admission 40.c. City or Town

40.d State

41.Did you gain lawful permanent resident status through marriage to a U.S. citizen or lawful permanent resident?

Yes

No

Employment History

Provide your employment history for the last five years, whether inside or outside the United States. Provide your current employment first. If you are currently unemployed, type or print "Unemployed" in Item Number 42.

Employer 1

42.Name of Employer/Company

43.a. Street Number

and Name

43.b.

Apt.

Ste.

Flr.

 

 

43.c.

City or Town

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

43.d.

State

 

 

 

43.e. ZIP Code

 

43.f.

 

 

 

 

 

 

 

 

Province

 

 

 

 

 

 

 

 

 

 

 

 

43.g.

Postal Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Employer 2

46.Name of Employer/Company

47.a. Street Number

and Name

47.b.

Apt.

Ste.

Flr.

 

 

47.c.

City or Town

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

47.d.

State

 

 

 

47.e. ZIP Code

 

47.f.

 

 

 

 

 

 

 

 

Province

 

 

 

 

 

 

 

 

 

 

 

 

47.g.

Postal Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

47.h.

Country

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

48.Your Occupation

49.a. Date From (mm/dd/yyyy)

49.b. Date To (mm/dd/yyyy)

Part 3. Biographic Information

NOTE: Provide the biographic information about you, the petitioner.

1.Ethnicity (Select only one box)

Hispanic or Latino

Not Hispanic or Latino

2.Race (Select all applicable boxes)

White

Asian

Black or African American

American Indian or Alaska Native

Native Hawaiian or Other Pacific Islander

43.h. Country

 

44.

 

 

Your Occupation

 

45.a.

 

 

Date From (mm/dd/yyyy)

 

 

 

 

 

 

 

 

45.b.

Date To (mm/dd/yyyy)

PRESENT

3.

Height

Feet

4.Weight

5.Eye Color (Select only one box)

Black

Blue

Gray

Green

Maroon

Pink

Inches

Pounds

Brown

Hazel

Unknown/Other

Form I-130 Edition 04/01/24

Page 4 of 12

Part 3. Biographic Information (continued)

6.Hair Color (Select only one box)

Bald (No hair)

Black

Blond

Brown

Gray

Red

Sandy

White

Unknown/Other

Part 4. Information About Beneficiary

1.Alien Registration Number (A-Number) (if any)

Beneficiary's Physical Address

If the beneficiary lives outside the United States in a home without a street number or name, leave Item Numbers 11.a. and 11.b. blank.

11.a. Street Number

and Name

11.b.

Apt.

Ste.

Flr.

 

11.c.

City or Town

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A-

2.USCIS Online Account Number (if any)

3.U.S. Social Security Number (if any)

11.d. State

11.f. Province

11.g. Postal Code 11.h. Country

11.e. ZIP Code

Beneficiary's Full Name

4.a. Family Name

(Last Name)

4.b. Given Name

(First Name)

4.c. Middle Name

Other Names Used (if any)

Provide all other names the beneficiary has ever used, including aliases, maiden name, and nicknames.

5.a. Family Name (Last Name)

5.b. Given Name (First Name)

5.c. Middle Name

Other Information About Beneficiary

6.City/Town/Village of Birth

7.Country of Birth

8.

Date of Birth (mm/dd/yyyy)

9.

Sex

Male

Female

10.Has anyone else ever filed a petition for the beneficiary?

Yes

No

Unknown

NOTE: Select "Unknown" only if you do not know, and the beneficiary also does not know, if anyone else has ever filed a petition for the beneficiary.

Other Address and Contact Information

Provide the address in the United States where the beneficiary intends to live, if different from Item Numbers 11.a. - 11.h. If the address is the same, type or print "SAME" in Item Number 12.a.

12.a Street Number

and Name

12.b.

Apt.

Ste.

Flr.

 

 

12.c.

City or Town

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

12.d.

State

 

 

 

12.e. ZIP Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Provide the beneficiary's address outside the United States, if different from Item Numbers 11.a. - 11.h. If the address is the same, type or print "SAME" in Item Number 13.a.

13.a. Street Number

and Name

13.b.

Apt.

Ste.

Flr.

13.c. City or Town

13.d. Province

13.e. Postal Code

13.f. Country

14.Daytime Telephone Number (if any)

Form I-130 Edition 04/01/24

Page 5 of 12

Part 4. Information About Beneficiary

(continued)

15.Mobile Telephone Number (if any)

16.Email Address (if any)

Beneficiary's Marital Information

17.How many times has the beneficiary been married?

18.Current Marital Status

Single, Never Married

Married

Divorced

Widowed

Separated

Annulled

 

19.Date of Current Marriage (if currently married)

(mm/dd/yyyy)

24. Date Marriage Ended (mm/dd/yyyy)

Information About Beneficiary's Family

Provide information about the beneficiary's spouse and children.

Person 1

25.a. Family Name

(Last Name)

25.b. Given Name

(First Name)

25.c. Middle Name

26. Relationship

27. Date of Birth (mm/dd/yyyy)

28.Country of Birth

Place of Beneficiary's Current Marriage (if married)

20.a. City or Town

20.b. State

20.c. Province

20.d. Country

Names of Beneficiary's Spouses (if any)

Provide information on the beneficiary's current spouse (if currently married) first and then list all the beneficiary's prior spouses (if any).

Spouse 1

21.a. Family Name

(Last Name)

21.b. Given Name

(First Name)

21.c. Middle Name

22. Date Marriage Ended (mm/dd/yyyy)

Person 2

29.a. Family Name

(Last Name)

29.b. Given Name

(First Name)

29.c. Middle Name

30.Relationship

31.Date of Birth (mm/dd/yyyy)

32.Country of Birth

Person 3

33.a. Family Name

(Last Name)

33.b. Given Name

(First Name)

33.c. Middle Name

34.Relationship

35.Date of Birth (mm/dd/yyyy)

36.Country of Birth

Spouse 2

23.a. Family Name

(Last Name)

23.b. Given Name

(First Name)

23.c. Middle Name

Form I-130 Edition 04/01/24

Page 6 of 12

Document Attributes

Fact Name Details
Purpose The I-130 form is used to establish a relationship between a U.S. citizen or lawful permanent resident and a foreign relative who wishes to immigrate to the United States.
Eligibility U.S. citizens and lawful permanent residents can file the I-130 form for their spouses, children, parents, and siblings.
Filing Fee The current filing fee for the I-130 form is $535. This fee is subject to change, so it is advisable to check the USCIS website for updates.
Processing Time Processing times vary based on the service center and the relationship category. It can take several months to over a year.
Supporting Documents Applicants must submit proof of their relationship, such as marriage certificates or birth certificates, along with the I-130 form.
Where to File The filing location depends on the applicant's residence and the relationship category. Specific addresses are provided on the USCIS website.
State-Specific Forms There are no state-specific I-130 forms; it is a federal form governed by U.S. immigration law.
Adjustment of Status After approval of the I-130, the foreign relative may apply for a visa or adjust their status if they are already in the U.S.
Appeals If the I-130 is denied, applicants can appeal the decision to the Board of Immigration Appeals within 30 days.

USCIS I-130: Usage Instruction

Once you have gathered all necessary documents and information, you can proceed to fill out the USCIS I-130 form. This form is crucial for initiating the process of family-based immigration. Ensure that you follow each step carefully to avoid any delays in processing your application.

  1. Begin by downloading the latest version of the USCIS I-130 form from the official USCIS website.
  2. Carefully read the instructions provided with the form to understand the requirements.
  3. In the top section, fill in your personal information as the petitioner, including your full name, address, date of birth, and other identifying details.
  4. Next, provide information about the relative you are petitioning for, including their full name, address, and date of birth.
  5. Indicate your relationship to the relative by checking the appropriate box (e.g., spouse, child, parent).
  6. Complete the section regarding your immigration status. You will need to specify whether you are a U.S. citizen or a lawful permanent resident.
  7. Answer all questions honestly and completely. If a question does not apply to you or your situation, write “N/A” or “Not Applicable.”
  8. Include any additional information as required in the designated sections, such as previous marriages or legal name changes.
  9. Review your completed form thoroughly to ensure all information is accurate and free of errors.
  10. Sign and date the form at the bottom. Your signature is necessary for the application to be valid.
  11. Prepare any supporting documents that need to accompany the form, such as proof of your relationship and identification documents.
  12. Finally, submit the completed form and supporting documents to the appropriate USCIS address, along with the required filing fee.

After submitting the form, you will receive a receipt notice from USCIS. This notice will confirm that your application has been received and is being processed. Keep this notice safe, as it contains important information regarding your case.

Frequently Asked Questions

  1. What is the USCIS I-130 form?

    The USCIS I-130 form, also known as the Petition for Alien Relative, is a document that U.S. citizens and lawful permanent residents use to establish a relationship with certain foreign relatives. By submitting this form, you are requesting that the U.S. government recognize your family member's eligibility for a visa to live in the United States.

  2. Who can file the I-130 form?

    U.S. citizens can file the I-130 for their spouses, children, parents, and siblings. Lawful permanent residents can file for their spouses and unmarried children. It’s important to ensure that you meet the eligibility requirements before filing.

  3. What documents are needed to support the I-130 form?

    When submitting the I-130 form, you need to include various supporting documents. These may include:

    • Proof of your U.S. citizenship or lawful permanent resident status.
    • Evidence of the family relationship, such as marriage certificates or birth certificates.
    • Passport-style photos of both the petitioner and the beneficiary.
    • Any prior divorce decrees, if applicable.

    Gathering these documents in advance can help streamline the process.

  4. How much does it cost to file the I-130 form?

    The filing fee for the I-130 form is currently $535. Payment can be made via check or money order, or online if filing electronically. Always check the USCIS website for the most up-to-date fee information.

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

    Processing times for the I-130 form can vary widely based on several factors, including the type of relationship and the service center handling your case. Generally, it can take anywhere from a few months to over a year. You can check the USCIS website for estimated processing times specific to your situation.

  6. Can I check the status of my I-130 petition?

    Yes, you can check the status of your I-130 petition online through the USCIS website. You will need your receipt number, which is provided after your petition is filed. This allows you to track the progress of your case easily.

  7. What happens after my I-130 is approved?

    Once your I-130 petition is approved, the next steps depend on whether your relative is in the U.S. or abroad. If they are in the U.S., they may be able to adjust their status to become a permanent resident. If they are outside the U.S., they will go through consular processing to obtain their immigrant visa. Detailed instructions will be provided after approval.

  8. Can I appeal if my I-130 is denied?

    If your I-130 petition is denied, you have the option to appeal the decision. You must file the appeal within 30 days of receiving the denial notice. It's crucial to understand the reasons for the denial and to address those issues in your appeal.

  9. Is legal assistance recommended when filing the I-130?

    While it is not required to have legal assistance when filing the I-130 form, many people find it helpful. An immigration attorney can provide guidance on the process, help ensure that all necessary documents are included, and assist with any complications that may arise.

Common mistakes

Filling out the USCIS I-130 form can be a daunting task. Many individuals make mistakes that can delay the processing of their petitions. Understanding these common pitfalls is crucial for a smooth application process.

One frequent mistake is failing to provide accurate personal information. This includes names, dates of birth, and addresses. Even minor errors can lead to significant delays or even denials. It’s essential to double-check all entries for accuracy before submitting.

Another common error is not including all required documentation. The I-130 form requires specific supporting documents, such as proof of the relationship between the petitioner and the beneficiary. Omitting these documents can result in a request for additional evidence, prolonging the process.

Some applicants forget to sign the form. A signature is not just a formality; it is a necessary part of the application. Without a signature, the form is considered incomplete, and the application will not be processed.

Many people also overlook the importance of using the most current version of the form. USCIS updates forms periodically, and using an outdated version can lead to complications. Always check the USCIS website for the latest version before filling out the form.

Another mistake involves incorrect payment of fees. Each application has a specific fee associated with it, and using the wrong payment method or amount can cause delays. Ensure that you follow the instructions carefully regarding payment.

In addition, some applicants fail to provide a complete address for the beneficiary. This may seem trivial, but it is critical for communication purposes. Without a proper address, USCIS may struggle to reach the beneficiary for further information or updates.

Finally, many individuals do not keep copies of their submitted forms and documents. This can be a significant issue if there are questions about the application later. Keeping a complete record ensures that you have all necessary information on hand if needed.

Documents used along the form

The USCIS I-130 form is an important document used to establish a relationship between a U.S. citizen or lawful permanent resident and a foreign relative. Along with the I-130, several other forms and documents are typically required to support the application process. Below is a list of some common forms and documents that may be needed.

  • Form I-485: This form is used to apply for a green card. It allows eligible individuals to adjust their status to become lawful permanent residents while in the United States.
  • Form I-864: Known as the Affidavit of Support, this document demonstrates that the U.S. sponsor can financially support the immigrant, ensuring they will not rely on public benefits.
  • Form I-797: This is the Notice of Action form, which serves as proof that USCIS has received the I-130 petition. It may also indicate approval or denial of the petition.
  • Form I-131: This form is for applying for a travel document, such as advance parole, which allows the applicant to re-enter the U.S. after traveling abroad while their I-130 is pending.
  • Proof of Relationship: This may include marriage certificates, birth certificates, or other documents that validate the relationship between the sponsor and the immigrant.

Gathering the necessary forms and documents is essential for a smooth application process. Each document plays a specific role in supporting the I-130 petition and ensuring compliance with immigration requirements.

Similar forms

The USCIS I-130 form, also known as the Petition for Alien Relative, serves as a crucial document in the immigration process. It establishes a relationship between a U.S. citizen or lawful permanent resident and a foreign relative. Several other forms and documents share similarities with the I-130 in terms of purpose, process, or the information they require. Here’s a list of nine such documents:

  • Form I-140: This is the Immigrant Petition for Alien Worker. Like the I-130, it is used to establish eligibility for a foreign national to immigrate to the U.S., but it focuses on employment-based immigration rather than family ties.
  • Form I-485: The Application to Register Permanent Residence or Adjust Status is often submitted after an I-130 petition is approved. It allows the foreign relative to apply for a green card while in the U.S.
  • Form I-129F: This is the Petition for Alien Fiancé(e). Similar to the I-130, it is used to establish a relationship, but specifically for those intending to marry a U.S. citizen.
  • Form N-400: The Application for Naturalization allows a lawful permanent resident to apply for U.S. citizenship. It requires proof of a relationship to a U.S. citizen in some cases, akin to the I-130's role in establishing familial connections.
  • Form I-751: The Petition to Remove Conditions on Residence is filed by conditional residents who obtained their status through marriage. It shares the goal of proving a genuine relationship, similar to the I-130.
  • Form I-864: The Affidavit of Support is a document that demonstrates financial support for an immigrant. It is often required alongside the I-130 to ensure the immigrant will not become a public charge.
  • Form I-130A: This is a supplement to the I-130 form, specifically for spouses of U.S. citizens or lawful permanent residents. It collects additional information about the spouse, reinforcing the relationship established in the main I-130 form.
  • Form I-90: The Application to Replace Permanent Resident Card is used to replace or renew a green card. While it does not establish a relationship, it is part of the ongoing documentation needed for immigrants.
  • Form I-131: The Application for Travel Document allows certain immigrants to travel outside the U.S. while their immigration status is pending. It connects to the I-130 process by addressing the needs of immigrants awaiting family reunification.

Each of these forms plays a unique role in the immigration process, yet they all share common threads with the I-130, emphasizing the importance of relationships, financial support, or residency status. Understanding these connections can help navigate the complexities of U.S. immigration.

Dos and Don'ts

When filling out the USCIS I-130 form, it's important to follow specific guidelines to ensure your application is processed smoothly. Here’s a list of things to do and avoid.

  • Do read the instructions carefully before starting.
  • Do provide accurate and complete information.
  • Do sign and date the form where required.
  • Do include all necessary supporting documents.
  • Do keep a copy of the completed form for your records.
  • Don't leave any required fields blank.
  • Don't submit the form without checking for errors.
  • Don't forget to pay the correct filing fee.
  • Don't use correction fluid on the form.
  • Don't send original documents unless specifically requested.

Misconceptions

The USCIS I-130 form, also known as the Petition for Alien Relative, is an important document for individuals seeking to bring family members to the United States. However, several misconceptions surround this form. Below is a list of eight common misconceptions and clarifications regarding the I-130 form.

  • Misconception 1: The I-130 guarantees a visa.
  • Submitting the I-130 form does not guarantee that a visa will be issued. It is only the first step in the immigration process, and approval does not ensure that the family member will receive a visa.

  • Misconception 2: Only U.S. citizens can file an I-130.
  • Lawful permanent residents (green card holders) can also file an I-130 for certain family members, though the categories of eligible relatives are more limited compared to U.S. citizens.

  • Misconception 3: The I-130 form can be filed online.
  • As of now, the I-130 form must be filed by mail. While some forms can be submitted online, the I-130 requires a physical submission to the appropriate USCIS address.

  • Misconception 4: There is no filing fee for the I-130.
  • A filing fee is required when submitting the I-130 form. This fee varies based on the petitioner's status and should be confirmed on the USCIS website.

  • Misconception 5: The I-130 form is the only requirement for immigration.
  • The I-130 is just one part of the immigration process. After approval, additional forms and documentation may be necessary for the family member to obtain a visa or adjust status.

  • Misconception 6: Once the I-130 is approved, the process is complete.
  • Approval of the I-130 form is only the beginning. The relative must still go through consular processing or adjustment of status, which involves additional steps and potential waiting periods.

  • Misconception 7: You cannot appeal a denied I-130.
  • If an I-130 petition is denied, there may be options for appeal or motion to reopen the case. It is essential to understand the reasons for denial and the available remedies.

  • Misconception 8: The I-130 form is only for immediate relatives.
  • While the I-130 is commonly used for immediate relatives, it can also be filed for other family members, such as siblings or married children, although these categories may have longer waiting times.

Key takeaways

Filling out the USCIS I-130 form can be straightforward if you keep a few key points in mind. Here are some important takeaways:

  • Ensure you complete the form accurately. Mistakes can lead to delays.
  • Provide all required documentation to support your application. This may include proof of your relationship.
  • Use the most current version of the I-130 form. USCIS updates forms periodically.
  • Double-check your personal information. Names, addresses, and dates must be correct.
  • Sign and date the form. An unsigned form will be rejected.
  • Pay the correct filing fee. Check the USCIS website for the latest fee information.
  • Keep a copy of everything you submit. This is important for your records.
  • Be prepared for potential follow-up requests from USCIS. Respond promptly to any inquiries.