The I-130 Form is the first step in helping your family member apply for a green card and live in the United States. Officially titled the “Petition for Alien Relative,” this form establishes the relationship between yourself and the family member you wish to sponsor. Although it’s an extremely important step in the immigration process, it is worth noting that sending Form I-130 will not give any immediate benefits or a green card to your relative but serves the purpose of paving the way toward permanent residency for him or her.
What is form I-130 used for?
The I-130 Form is specifically for U.S. citizens and lawful permanent residents who wish to sponsor certain family members for immigration. Its primary purpose is to prove that there is a genuine family relationship between the petitioner (you) and the beneficiary (your relative).
You can use the I-130 Form to petition for the following relatives:
- If you are a U.S. citizen: Spouse, children, parents, or siblings.
- If you are a green card holder: Spouse or unmarried children.
Relatives such as grandparents, cousins, or in-laws do not qualify under this petition.
How to fill out form I-130
Filling out the I-130 Form can feel overwhelming, but breaking it into steps makes it manageable:
- Part 1: Relationship Information
- Specify the family relationship between you and the person you are sponsoring.
- Part 2: Petitioner’s Information
- Include details about yourself, such as your name, marital status, and U.S. citizenship or residency status.
- Part 3: Beneficiary’s Information
- Provide details about your relative, including their name, date of birth, and nationality.
- Supporting Documents
- Submit proof of your relationship, such as:
- Birth certificates
- Marriage certificates (if filing for a spouse)
- Photos, joint financial documents, or affidavits for marriage-based petitions
- Submit proof of your relationship, such as:
- Fees and Submission
- The filing fee is $535. Use the USCIS website to confirm the latest fee. Ensure that you pay with a valid method, such as a check or credit card.
- Sign and Submit
- Double-check your form for errors. Missing signatures or incomplete sections can delay the process.
When to use form I-130
You should file Form I-130 if you want to sponsor a family member for immigration and establish their eligibility for a green card. Common scenarios include:
- Petitioning for a spouse to join you in the U.S.
- Sponsoring children who are not U.S. citizens.
- Reuniting with parents or siblings who live abroad.
Remember, the I-130 Form is just the first step. After approval, your relative must complete additional processes like applying for a visa or adjusting their status.
How long does it take to process form I-130?
Processing times for Form I-130 vary depending on several factors, including the petitioner’s residency status and where the beneficiary resides:
- Immediate Relatives of U.S. Citizens (e.g., spouse or children under 21):
- Processing typically takes 10 to 23 months if the relative is in the U.S.
- It can take 11.5 to 15 months if the relative is living abroad.
- Relatives of Green Card Holders:
- Processing may take 29 to 40 months, especially for beneficiaries outside the U.S.
How long does it take to get a green card after filing form I-130?
The time to obtain a green card depends on several factors, including the beneficiary’s family preference category:
- Immediate Relatives of U.S. Citizens
- Green cards are typically processed faster because there are no yearly visa limits for these categories.
- Family Preference Categories
- For categories like married children or siblings, wait times can range from several months to years, as these categories are subject to visa quotas.
For relatives within the U.S., they may apply for adjustment of status (Form I-485) once a visa is available. Those living abroad will need to go through consular processing at a U.S. embassy or consulate.
