Once Form I-130 is approved by United States Citizenship and Immigration Services (USCIS), the process for bringing your relative to the United States moves forward. Here are the general steps to follow:
- Priority Date: USCIS assigns a priority date to the petition, which determines your place in the visa queue. This date is crucial, especially if there’s a backlog in visa processing for your relative’s category.
- National Visa Center (NVC) Processing: If your relative is outside the United States and the petition is approved, the case will be forwarded to the National Visa Center (NVC). The NVC will process the case further, including collecting necessary fees, forms, and supporting documents.
- Choice of Agent and Address: You will need to designate an agent (usually yourself or your attorney) to receive communication from the NVC regarding the case. You’ll also need to provide an address for where the visa documents should be sent.
- Affidavit of Support: You will need to submit an Affidavit of Support (Form I-864) to demonstrate that you can financially support your relative when they come to the United States.
- Supporting Documentation: You’ll need to gather and submit various supporting documents, including your relative’s civil documents (such as birth certificates, marriage certificates, etc.), police certificates, and other required forms.
- Visa Application: Once the NVC processing is complete, your relative will need to apply for an immigrant visa at the U.S. consulate or embassy in their home country. They’ll need to complete the DS-260 form (Immigrant Visa Electronic Application) online.
- Medical Examination: Your relative will need to undergo a medical examination by an authorized physician. The results of this examination will need to be submitted as part of the visa application.
- Interview: Your relative will be scheduled for an interview at the U.S. consulate or embassy. During the interview, they’ll be asked questions to verify the information provided in their application and to determine their eligibility for an immigrant visa.
- Visa Issuance: If everything goes well, and the consular officer approves the visa application, your relative will receive an immigrant visa in their passport, allowing them to travel to the United States.
- Entry to the United States: Upon arrival in the United States, your relative will need to present their immigrant visa at a port of entry, where they will undergo inspection by a Customs and Border Protection (CBP) officer. If approved, they will be admitted as a lawful permanent resident (green card holder).
Throughout this process, it’s essential to stay organized, follow instructions carefully, and be prepared for potential delays or additional requests for information from USCIS or the NVC. It’s also advisable to seek guidance from an immigration attorney to navigate the complexities of the immigration process successfully.
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How to Fill Out Form I-130, Petition for Alien Relative – Step-By-Step Instructions
Filling out Form I-130, Petition for Alien Relative, involves several steps and requires attention to detail to ensure accuracy. Here’s a step-by-step guide on how to fill out the form I-130:
Step 1: Download the Form
- Obtain the most recent version of Form I-130 from the official USCIS website (uscis.gov).
Step 2: Read the Instructions
- Before filling out the form, carefully read the instructions provided with Form I-130. This will help you understand each section and the requirements for completing the petition.
Step 3: Provide Your Information (Petitioner)
- Section 1: Provide your full legal name, address, date of birth, and other personal information as requested.
- If applicable, indicate whether you are a lawful permanent resident or a U.S. citizen and provide relevant details.
Step 4: Provide Information About the Beneficiary
- Section 2: Provide the beneficiary’s full name, address, date of birth, place of birth, and other personal details.
- If the beneficiary is already in the United States, provide their current immigration status and other relevant information.
Step 5: Relationship Information
- Section 3: Specify your relationship to the beneficiary. This could be a spouse, child, parent, sibling, etc. Provide details about how you are related to the beneficiary.
- If you are petitioning for more than one beneficiary, include information for each beneficiary in this section.
Step 6: Additional Information About the Beneficiary
- Section 4: Provide additional information about the beneficiary, including their marital status, previous marriages (if any), and children (if applicable).
Step 7: Contact Information
- Section 5: Provide contact information, including your daytime phone number, mobile phone number (if any), and email address (if any). This allows USCIS to contact you regarding the petition.
Step 8: Certification and Signature
- Section 6: Read the certification statement carefully. By signing and dating this section, you certify that the information provided in the petition is true and accurate to the best of your knowledge.
- If you are filing the petition on behalf of a minor child, a legal guardian must sign the form.
Step 9: Supporting Documents
- Gather any required supporting documents as outlined in the instructions. These may include proof of your U.S. citizenship or lawful permanent resident status, evidence of the relationship between you and the beneficiary, and any other relevant documents.
Step 10: Review and Submit
- Before submitting the form, carefully review all the information you have provided to ensure accuracy and completeness.
- Make sure you have signed and dated the form where required.
- Submit the completed Form I-130 along with any required supporting documents and the filing fee to the appropriate USCIS address as instructed.
Step 11: Keep Copies
- Make copies of the completed form and all supporting documents for your records.
- Retain proof of submission, such as a receipt notice from USCIS, for your records.
Step 12: Follow Up
- After submitting the petition, monitor the progress of your case using the USCIS online case status tool or by contacting USCIS directly if necessary.
- Be prepared to respond to any requests for additional evidence or information from USCIS promptly.
By following these step-by-step instructions and paying close attention to the details, you can accurately complete and submit Form I-130 to petition for your alien relative.
Form I-130 Checklist of Required Documents
When preparing Form I-130, Petition for Alien Relative, it’s essential to include all required supporting documents to ensure that your petition is complete and accurate. Here’s Form I-130 checklist of commonly required documents to include:
- Form G-1145, E-Notification of Application/Petition Acceptance (optional): Use this form if you want to receive electronic notifications about your case.
- Filing Fee: Include the required filing fee with your Form I-130. Check the USCIS website for the current fee amount and acceptable payment methods.
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Proof of Petitioner’s Status:
- U.S. Citizen: Include a copy of your U.S. birth certificate, passport, certificate of naturalization, or certificate of citizenship.
- Lawful Permanent Resident (LPR): Include a copy of both sides of your green card (Form I-551).
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Proof of Relationship:
- Marriage: Include a copy of the marriage certificate for spousal petitions.
- Parent-Child Relationship: Include copies of birth certificates showing the parent-child relationship.
- Sibling Relationship: Include copies of birth certificates showing the siblings’ relationship, along with any additional evidence of the relationship (e.g., family photos, affidavits from family members).
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Beneficiary’s Civil Documents:
- Beneficiary’s Passport: Include a copy of the beneficiary’s passport, biographic page, and any pages with visas or entry stamps.
- Birth Certificate: Include a copy of the beneficiary’s birth certificate.
- Marriage Certificate (if applicable): Include a copy of the beneficiary’s marriage certificate if they are married.
- Divorce Decree or Death Certificate (if applicable): Include copies of divorce decrees or death certificates for any previous marriages.
- Form I-864, Affidavit of Support: If you are sponsoring the beneficiary financially, include Form I-864 along with supporting financial documentation, such as tax returns, W-2s, pay stubs, and proof of assets.
- Passport-style Photographs: Include passport-style photographs of both the petitioner and the beneficiary. Follow USCIS guidelines for photo specifications.
- Additional Evidence of Relationship (if applicable): Depending on the nature of the relationship, you may include additional evidence to establish the bona fides of the relationship, such as joint bank account statements, lease agreements, or affidavits from friends and family members.
- Form G-325A, Biographic Information (if applicable): This form may be required for certain family-based petitions. Check the instructions to determine if it’s needed.
- Translations (if applicable): If any documents are not in English, provide certified translations along with the original documents.
- Any Other Supporting Documents: Include any other supporting documents relevant to your case, such as evidence of legal name changes, adoption decrees, or affidavits explaining unusual circumstances.
Before submitting your petition, carefully review the Form I-130 instructions and USCIS guidelines to ensure that you have included all required documents and information. Providing a complete and well-documented petition can help facilitate the processing of your case. If you have any questions or concerns, consider consulting with an immigration attorney for guidance.
