What is the Form I-130?

What is the Form I-130?

What is the Form I-130?

Filing Form I-130 is the first step in helping a relative immigrate to the United States. It is also called the “Petition for Alien Relative” and it establishes that there is a valid family relationship between a US citizen or a Green Card holder and the person that is seeking the Green Card.

Also known as the I-130 Petition, it is the first step to obtain a Green Card in the family-based process. It is also valid for a marriage visa since this petition is filed to prove that it is a legitimate union.

The I-130 Petition is filed with the U.S. Citizenship and Immigration Services, USCIS, which is part of the U.S. Department of Homeland Security.

Marriage-based Green Cards

In the context of a marriage-based visa, this petition is filed along with the submission of documents, such as joint bank account statements, joint insurance documents, photos and other evidence that proves the marriage is not a fraud.

To establish your family relationship, the US citizen, or petitioner, must complete the Form I-130. In addition, your spouse can file Form I-485 at the same time, if he or she is in the United States, through lawful admission or parole.

Also, the filing fee should be included, as well as documentation, such as:

• Evidence that you are a US
  citizen. It can be: if you were born in the United States, your birth
  certificate; a copy of your naturalization certificate or certificate of
  citizenship; a copy of Form FS-240; a copy of your unexpired US passport; an
  original statement from a US consular office verifying that you are a US
  citizen.
• A copy of your civil marriage
  certificate.
• A copy of all divorce decrees,
  death certificates, or annulment decrees that demonstrate that all previous
  marriages entered into by you and/or your spouse were terminated.
• Passport-style photos of you and
  your spouse.
• Evidence of all legal name changes
  of both of you.
• Proof that you and your spouse
  entered into a bona fide marriage out of love and not for an immigration
  benefit. Examples include but are not limited to:
  • Photos showing landmarks you and
    your spouse have visited;
  • Documentation showing both names
    (insurance, loans, bank accounts);
  • Birth certificates of children
    born in common;
  • Affidavits by individuals who have
    knowledge of the validity of your marriage; and
  • Other documentation showing the
    relationship through the passage of time (letters, messages, pictures).
• NOTE: If you are filing Form I-130 for your
  spouse, you must also include Form I-130A, supplemental information for
  spouse beneficiary.  

You can also file a petition for your alien spouse’s children (your stepchildren), as well. It needs to be a separate process for each unmarried, minor child.

Form I-130 for unmarried, minor child of US citizen or permanent resident

If you are a US citizen or lawful permanent resident, you can petition for your children or stepchildren to immigrate to the United States and receive Green Cards. In order to start this process, you must submit a visa petition on Form I-130, pay the requested fee and add supporting documents.

Those who qualify as a child are:

• Natural-born children born to
  married parents;
• Natural-born children born to
  parents who are unmarried;
• Stepchildren who were under 18
  years of age when the parents married and are still married.
• Adoptive children who were under
  16 years before being adopted and meet additional legal conditions.

Children must be under 21 years of age to be petitioned and also unmarried. However, it is possible that your child is already a citizen and you do not need to go through the I-130 process. To be sure, contact an immigration lawyer.

Once your I-130 petition is filed, you establish your place in line for an available Green Card. In the case you’re the spouse, parent or unmarried child under 21 years of age of a US citizen, your place will be determined by your priority date which is the date in which the USCIS received your petition.

Seek the help of an immigration lawyer if you want to file Form I-130 in California. We are ready to assist you at Kannan Law, contact us today!