From A to Z: Your Comprehensive I-130 Form Companion for Petitioning Alien Relatives

Filling out Form I-130, Petition for Alien Relative, involves providing accurate and detailed information about both the petitioner (the U.S. citizen or permanent resident) and the beneficiary (the foreign relative). Here is a step-by-step guide on how to fill out Form I-130:

Note: The instructions provided here are based on general information, and it’s essential to refer to the most current version of the form and instructions available on the official USCIS website or consult with an immigration attorney for specific guidance.

Download the Form:

• Obtain the latest version of Form I-130 from the official USCIS website. Make sure you are using the most current version, as USCIS periodically updates its forms.

Read the Instructions:

• Before starting to fill out the form, carefully read the instructions provided with Form I-130. The instructions will guide you on how to complete each section and provide important information about supporting documents.

Complete Part 1 – Information About You (Petitioner):

• Provide your personal information, including your full name, address, date of birth, country of birth, and other requested details.

Complete Part 2 – Information About Your Relative (Beneficiary):

• Fill in the beneficiary’s information, including their full name, address, date of birth, country of birth, relationship to the petitioner, and other relevant details.

Complete Part 3 – Additional Information About You (Petitioner):

• Answer the questions in this section regarding your citizenship or immigration status, previous marriages (if applicable), and other details as requested.

Complete Part 4 – Information About Your Alien Relative’s Eligibility:

• Provide information about the beneficiary’s eligibility, such as their immigration status, previous marriages, and other relevant details.

Complete Part 5 – Other Information:

• Answer the questions in this section related to any previous filings, arrests, or immigration violations.

Sign and Date the Form:

• Both the petitioner and the preparer, if applicable, must sign and date the form. If the petitioner is under 14 years old, a parent or legal guardian may sign on their behalf.

Include the Filing Fee:

• Check the USCIS website or the form instructions for the current filing fee, and include the appropriate payment method (check or money order) with your application.

Submit the Form:

• Mail the completed and signed Form I-130, along with all required supporting documents and the filing fee, to the address provided in the form instructions.

Check Processing Times:

• USCIS processing times may vary. Check the USCIS website for the most up-to-date information on processing times.

Follow Up:

• After submitting the form, regularly check the status of your petition on the USCIS website. USCIS will notify you of the decision or may request additional information.

It’s important to note that immigration processes and requirements may change, so always refer to the most current USCIS instructions and guidelines. If you have any doubts or concerns, consider seeking advice from an immigration attorney for personalized guidance.

Form I-130 Checklist of Required Documents

When filing Form I-130, Petition for Alien Relative, it’s important to include supporting documents that demonstrate the validity of the claimed family relationship and the eligibility of the beneficiary. The specific documents required may vary depending on the relationship between the petitioner (U.S. citizen or permanent resident) and the beneficiary (foreign relative). Here is a general Form I-130 checklist of commonly required documents:

For All I-130 Petitions:

• Form I-130:
  • Complete and signed by the petitioner.
• Filing Fee:
  • Include the appropriate filing fee. Check the USCIS website or form instructions for the current fee.
• Supporting Documents for the Petitioner:
  • Copy of the petitioner’s valid U.S. passport, birth certificate, or certificate of naturalization (proof of U.S. citizenship).
  • If the petitioner is a permanent resident, include a copy of the green card or other proof of lawful permanent residency.
• Supporting Documents for the Beneficiary:
  • Copy of the beneficiary’s passport.
  • Copy of the beneficiary’s birth certificate.

Additional Supporting Documents Based on Relationship:

• Spouse (Husband or Wife):
  • Marriage certificate.
  • Evidence of a bona fide marital relationship (photos, joint bank accounts, leases, etc.).
  • For previous marriages of either spouse, include divorce decrees or death certificates.
• Children (Unmarried and Married):
  • Birth certificates.
  • If the child is married, include the marriage certificate.
• Parents:
  • If petitioning for a parent, include the petitioner’s birth certificate showing the names of both parents.
• Siblings:
  • Both the petitioner’s and beneficiary’s birth certificates showing the names of both parents.
  • If the sibling relationship is through adoption, provide the adoption decree.
• Additional Evidence:
  • Affidavits from friends, family members, or community members who can attest to the validity of the claimed relationship.
  • Any other relevant supporting documents to establish the bona fide nature of the relationship.

Special Considerations:

• Widow/Widower of a U.S. Citizen:
  • Marriage certificate.
  • Death certificate of the deceased U.S. citizen spouse.
• Conditional Residents (Spousal Petitions):
  • If the marriage is less than two years old, provide evidence of the bona fide nature of the marriage. This may include joint financial documents, photos, and other proof of a shared life.
• Inadmissibility Issues:
  • If the beneficiary has any potential inadmissibility issues, such as a criminal record, provide relevant documents and a detailed explanation.

Always refer to the most current USCIS instructions and guidelines for any updates or changes in document requirements. It is also advisable to consult with an immigration attorney to ensure the completeness and accuracy of the application.

Form I-130 Instructions

General Form I-130 instructions are provided below:

• Form Purpose:
  • Form I-130 is used to establish the qualifying relationship between a U.S. citizen or permanent resident and their foreign relative who wishes to immigrate to the United States.
• Eligibility:
  • Ensure that you are eligible to file Form I-130 based on your immigration status and the relationship with the beneficiary.
• Filing Fee:
  • Check the USCIS website or the form instructions for the current filing fee. Include the correct payment method (check or money order) with the application.
• Where to File:
  • The filing location depends on where the petitioner resides and the type of relationship. Check the form instructions for the correct address.
• Completing the Form:
  • Follow the instructions carefully for each section of the form.
  • Use black ink and write legibly.
  • If a question does not apply, write “N/A.”
• Supporting Documents:
  • Include all required supporting documents to prove the family relationship and the eligibility of both the petitioner and the beneficiary.
  • Provide clear and legible photocopies of documents unless the instructions specify otherwise.
• Translations:
  • If any document is in a language other than English, provide a complete English translation along with a certification from the translator.
• Passport Photos:
  • Include passport-style photos of the petitioner and beneficiary, as per the specific requirements outlined in the instructions.
• Filing for Multiple Beneficiaries:
  • If filing for more than one beneficiary, file a separate Form I-130 for each relative. However, you may submit a single payment for the filing fees if filing together.
• Signatures:
  • Both the petitioner and the preparer (if applicable) must sign and date the form.
• Checklist:
  • Review the checklist provided in the instructions to ensure that you have included all required documents and information.
• Filing for a Child:
  • If filing for a child, additional evidence may be required to establish the parent-child relationship.
• Conditional Residents:
  • If the beneficiary is a conditional resident, include evidence supporting the removal of conditions on residence.
• Consular Processing or Adjustment of Status:
  • Specify whether the beneficiary will apply for an immigrant visa through consular processing or adjustment of status within the United States.
• USCIS Processing Time:
  • USCIS processing times may vary. Check the USCIS website for the most up-to-date information.
• Case Status Updates:
  • After filing, you can check the status of your case online through the USCIS website.

Always refer to the most current version of the form instructions provided by USCIS when preparing and submitting Form I-130. If you have specific questions or concerns, consider consulting with an immigration attorney for personalized guidance.