Introduction
Filing Form I-130 is the first step in filing a relative petition to help an eligible relative apply to immigrate to the United States and obtain a permanent resident card. The filing or approval of this petition does not grant your relative any immigration status or benefits.
The first step in the process of obtaining a green card through marriage is to file Form I-130 (known as an “Alien Relative Petition”) with the United States Citizenship and Immigration Services (USCIS), a component of the U.S. Department of Homeland Security. The primary purpose of this form is to establish that a valid family relationship exists between the sponsor and the person applying for a green card. In the context of the marriage-based visa, the Form I-130 is filed to establish a valid family relationship between the sponsor and the person applying for a green card.
What is Form I-130?
Form I-130, Petition for Alien Relative, is a form filed with U.S. Citizenship and Immigration Services (or, in the rare case of direct consular filing, with a U.S. consulate or embassy abroad) by a U.S. citizen or lawful permanent resident petitioning for an immediate or close relative (who is not currently a U.S. citizen or lawful permanent resident) who intends to immigrate to the United States.
It is one of numerous USCIS immigration forms. As with all USCIS petitions, the person filing the petition is called the petitioner and the relative on whose behalf the petition is filed is called the beneficiary. The USCIS officer who evaluates the petition is called the adjudicator.
What are family petitions?
Family Petitions are immigration procedures that allow certain relatives of a U.S. Citizen or Permanent Resident to obtain Permanent Residence.
In addition, this procedure allows the immigrant to live and work in the United States. This immigration process is composed of two (2) stages, the initial Family Petition and the Adjustment of Status.
In the first stage, the U.S. Citizen or Permanent Resident files a Family Petition to obtain a visa number for the immigrant. Once that visa number is available, the immigrant can travel to the United States to continue the process.
In the second stage, the immigrant applies for Adjustment of Status to become a Permanent Resident of the United States.
Who can file Form I-130?
U.S. citizens may file I-130 petitions for their spouses, children, relatives, and siblings. Green card holders (permanent residents of the United States) may file I-130 petitions for their spouses and unmarried children. The individual who files the I-130 form is called the “petitioner” or “sponsor”. This is the individual who is a U.S. citizen or green card holder. The individual applying for a green card is called the “beneficiary”.
How to Submit the Form
You can file Form I-130 online or on paper.
File Online
Create a USCIS account online to file the form and:
- Provide evidence and pay fees online;
- Receive updates on your case and view your complete case history;
- Communicate with us directly and securely; and.
- Respond to requests for evidence.
If you already have a USCIS online account, log in to begin the process.
File in Paper Form
- Read the instructions for Form I-130, Petition for Alien Relative;
- Complete and sign the Form I-130;
- Pay the fee, if applicable; and
- Provide all required evidence and supporting documents.
This resource is taken from USCIS
How much does the I-130 petition cost?
The government fee associated with an I-130 petition is $535.
Helpful advice from expert family petition lawyers:
It is important that you complete all of these processes and legal forms correctly. Having an immigration lawyer specialized in this area will allow you and your family to receive the best advice throughout the process. You can consult experts for free here