How to Submit a Form I-130 Tips and Guidelines for Filling it Correctly

What is Form I-130?

Form I-130, officially known as the “Petition for Alien Relative,” is a form used by U.S. citizens and lawful permanent residents (LPRs) to petition for certain family members to immigrate to the United States. The purpose of Form I-130 is to establish the qualifying family relationship between the petitioner (the U.S. citizen or LPR) and the beneficiary (the foreign family member) as a preliminary step in the family-based immigration process.

Here are key points about Form I-130:

• Family Relationships: Form I-130 is primarily used to petition for the following family members:
  • Spouses of U.S. citizens and LPRs.
  • Unmarried children (under 21 years of age) of U.S. citizens and LPRs.
  • Married children of U.S. citizens.
  • Siblings of U.S. citizens.
• Sponsorship: The petitioner (U.S. citizen or LPR) is essentially sponsoring the beneficiary’s immigration to the United States.
• Establishing Relationship: The form is used to provide evidence of the family relationship, such as birth certificates, marriage certificates, and other supporting documents.
• Filing Requirements: U.S. citizens can file Form I-130 for their immediate relatives (spouses, parents, and unmarried children under 21) and certain other family members. LPRs can file for their spouses and unmarried children.
• Petitioning Process: The petitioner completes and signs Form I-130, provides supporting documentation, and submits the form to U.S. Citizenship and Immigration Services (USCIS).
• Processing Time: The processing time for Form I-130 can vary based on factors such as the family relationship, USCIS workload, and the service center processing the petition.
• Approval Notice: Once approved, the petitioner will receive an approval notice from USCIS. This approval establishes the qualifying relationship and is required for the beneficiary’s next steps in the immigration process.
• Next Steps: Depending on the beneficiary’s location and circumstances, the next steps may involve consular processing (if the beneficiary is outside the U.S.) or adjustment of status (if the beneficiary is already in the U.S.).
• Fees: There is a filing fee associated with Form I-130.The fee is $535. This fee is subject to change, so it’s important to check the USCIS website for the most up-to-date information.

It’s important to complete Form I-130 accurately and provide all required documentation to establish the family relationship. If you’re unsure about any aspect of the process or need guidance, you may consider consulting with an immigration attorney to ensure that your petition is properly prepared and submitted.

How to fill out Form I-130?

Filling out Form I-130, “Petition for Alien Relative,” involves providing accurate and complete information about yourself (the petitioner) and the family member you are petitioning for (the beneficiary). The form can be completed online or by filling out a paper form. Here’s a step-by-step guide to help you fill out Form I-130 accurately:

Always refer to the official USCIS website for the most up-to-date instructions before completing any immigration forms.

• Download the Form:
  • Visit the USCIS website and download the most recent version of Form I-130 (PDF format).
• Read the Instructions:
  • Before you start filling out the form, carefully read the accompanying instructions. This will help you understand the requirements and gather the necessary documents.
• Part 1: Information About You (Petitioner):
  • Provide your personal information, including your name, address, date of birth, and contact details.
• Part 2: Information About Your Eligible Relative (Beneficiary):
  • Provide the beneficiary’s personal information, including name, address, date of birth, and relationship to you.
• Part 3: Additional Information About You (Petitioner):
  • Answer the questions about your marital status, prior marriages (if applicable), and citizenship status.
• Part 4: Information About Your Prior Spouse(s):
  • Complete this section if you or the beneficiary have had prior marriages. Provide information about the prior spouse(s) and the marriage(s).
• Part 5: Information About Your Parents:
  • Provide information about your parents, including their names and citizenship status.
• Part 6: Information About Your Employment and Income:
  • Answer questions about your employment and income. This section helps establish your ability to financially support the beneficiary.
• Part 7: Information About Your Beneficiary’s Previous Marriages:
  • Complete this section if the beneficiary has had prior marriages. Provide information about the prior spouse(s) and the marriage(s).
• Part 8: Additional Information About Your Beneficiary (if applicable):
  • Answer questions about the beneficiary’s immigration history, if applicable.
• Part 9: Sponsor’s Statement, Contact Information, Declaration, and Signature:
  • Read the statements, provide your contact information, sign and date the form.
• Part 10: Interpreter’s Contact Information, Certification, and Signature:
  • If you had an interpreter assist you, they can provide their contact information and sign this section.
• Checklist:
  • Review the checklist to make sure you have included all required documentation and signatures.
• Form G-28 (if applicable):
  • If you’re using an attorney or accredited representative, they may complete this section.
• Payment:
  • Include the correct filing fee (as applicable) with your form. Check the USCIS website for the most up-to-date fee information.
• Mail the Form:
  • If filing by paper, mail the completed form, supporting documents, and payment to the address provided in the instructions.

Remember to be accurate and honest when providing information on the form. If you have any uncertainties or questions, consider seeking guidance from an immigration attorney or accredited representative. Additionally, always refer to the most recent version of the form and instructions on the USCIS website before completing and submitting your application.

Form I-130 filing fee

The filing fee for Form I-130, “Petition for Alien Relative,” was $560. This fee is subject to change, so it’s essential to verify the current fee on the official U.S. Citizenship and Immigration Services (USCIS) website before submitting your application. USCIS periodically updates its fee schedule, and fee adjustments can occur.

When submitting your Form I-130, you must include the appropriate filing fee with your application. The fee is generally payable by check or money order and should be made payable to the “U.S. Department of Homeland Security.” The specific payment instructions and details can be found in the Form I-130 instructions on the USCIS website.

Keep in mind that USCIS fees can change, so it’s important to check the USCIS website for the most up-to-date information before sending your application package. If you have any doubts or questions about the filing fee, you may want to consult with an immigration attorney or refer to the USCIS website for accurate and current information.

Form I-130 checklist of required documents

When filing Form I-130, “Petition for Alien Relative,” to sponsor a family member for an immigrant visa or green card, you will need to include certain supporting documents to establish the qualifying family relationship and provide evidence of your eligibility as a sponsor. Keep in mind that document requirements can vary based on the specific relationship and circumstances. Here’s a general checklist of required documents to include with your Form I-130:

• Completed Form I-130:
  • Make sure the form is filled out accurately and completely, with all required information provided.
• Proof of Citizenship or Lawful Permanent Residency:
  • If you are a U.S. citizen, include a copy of your U.S. passport, Certificate of Naturalization, or Certificate of Citizenship.
  • If you are a lawful permanent resident, include a copy of your green card (both sides).
• Proof of Eligible Relationship:
  • Provide documents that establish the qualifying family relationship between you (the petitioner) and the beneficiary (the family member you’re sponsoring). This could include:
    • Marriage certificate (for spouses).
    • Birth certificate (for children).
    • Adoption decree (for adopted children).
    • Proof of legal guardianship (for certain cases).
  • Supporting Documents:
    • Documents that demonstrate the authenticity of the relationship, such as photographs of the petitioner and beneficiary together, joint financial records, correspondence, and any other evidence of the bona fide relationship.
  • Form G-28 (if applicable):
    • If you’re using an attorney or accredited representative, they may complete this form to represent you in the immigration process.
  • Filing Fee:
    • Include the correct filing fee (as applicable) with your application. Check the USCIS website for the most current fee information.
  • Checklist:
    • Review a checklist of required documents to ensure you haven’t missed anything.
  • Additional Documents (if applicable):
    • Depending on the specific relationship and circumstances, you might need to include additional documents to support your petition. For example:
      • Proof of termination of prior marriages (divorce decrees, death certificates).
      • Documents showing the petitioner’s U.S. domicile.
    • Photocopies:
      • Submit photocopies of all required documents. Do not send original documents unless specifically requested by USCIS.
    • Translations (if applicable):
      • If any documents are not in English, include certified translations.

Always refer to the most up-to-date Form I-130 instructions on the USCIS website before assembling your application package, as requirements and document guidelines can change. Additionally, consider consulting with an immigration attorney to ensure that your application is properly prepared and that all required documentation is included to support the petition.