How to Fill Out Form I-130?
Form I-130, officially titled the “Petition for Alien Relative,” is used by U.S. citizens and lawful permanent residents to petition for certain family members to immigrate to the United States. This form is used to establish the qualifying relationship between the petitioner (the U.S. citizen or lawful permanent resident) and the beneficiary (the family member seeking to immigrate). Here’s a general guide on how to fill out Form I-130:
- Obtain the latest version of Form I-130: You can download the most current version of Form I-130 from the official website of the U.S. Citizenship and Immigration Services (USCIS).
- Review the instructions: Before filling out the form, carefully read the instructions provided with Form I-130. The instructions will provide important information about eligibility, required documentation, and where to mail the completed form.
- Complete the form: The form is divided into several sections, and you should complete each section accurately. Here’s a breakdown of the key sections of Form I-130:
- Part 1: Information About You (Petitioner): Provide your personal information, including your full name, address, date of birth, and contact information. If you’re a lawful permanent resident, you’ll need to provide your Alien Registration Number (A-Number) as well.
- Part 2: Information About Your Beneficiary: Provide information about the family member you are petitioning for, including their full name, relationship to you, date of birth, and contact information.
- Part 3: Additional Information About You (Petitioner): Answer the questions about your citizenship or immigration status, previous marriages (if any), and information about any previous Form I-130 petitions you may have filed.
- Part 4: Information About Your Prior Marriage (if applicable): If either you or your beneficiary has been previously married, provide details about those marriages.
- Part 5: Information About Your Family: If you are petitioning for multiple family members, use this section to list their information, but you will need to submit a separate Form I-130 for each family member.
- Part 6: Petitioner’s Statement, Contact Information, Declaration, and Signature: Read the statement carefully and sign the form. By signing, you are attesting that the information provided is true and correct to the best of your knowledge.
- Attach supporting documents: You’ll need to include evidence to prove the qualifying family relationship, such as birth certificates, marriage certificates, and other relevant documents. Refer to the form instructions for a list of required documents.
- Pay the filing fee: Check the USCIS website or the form instructions for the current filing fee, and include a check or money order payable to the “U.S. Department of Homeland Security.” Some applicants may be eligible for a fee waiver.
- Mail the completed form and supporting documents: Refer to the form instructions for the correct mailing address for your region. Make sure to keep a copy of the completed form and all supporting documents for your records.
- Wait for USCIS to process your petition: USCIS will review your petition and notify you of the decision or any additional documentation needed. The processing times can vary, so check the USCIS website for current processing time estimates.
Form I-130 Checklist of Documents
When filing Form I-130, the “Petition for Alien Relative,” you will typically need to provide supporting documents to prove the qualifying family relationship between the petitioner (U.S. citizen or lawful permanent resident) and the beneficiary (the family member seeking to immigrate). Here’s Form I-130 checklist of common documents you may need to include with the application:
- Form I-130 itself: Complete and sign Form I-130 as the petitioner.
- Proof of U.S. citizenship or lawful permanent resident status: Depending on your status as the petitioner, provide one of the following:
- For U.S. citizens: A copy of your U.S. passport, birth certificate, Certificate of Naturalization, or Certificate of Citizenship.
- For lawful permanent residents: A copy of both sides of your Permanent Resident Card (Green Card), or other evidence of your status.
- Beneficiary’s documents: Include copies of the beneficiary’s supporting documents, such as:
- Passport biographical page.
- Birth certificate.
- Marriage certificate (if applicable).
- Divorce decree(s) or death certificate(s) for any prior marriages (if applicable).
- Proof of the qualifying relationship: Depending on the type of relationship you are petitioning for, provide the following documents:
- For spouses: Include a copy of your marriage certificate, along with evidence of any prior divorces, if applicable.
- For children (unmarried and under 21): Include a copy of the child’s birth certificate showing both parents’ names.
- For parents (U.S. citizens petitioning for parents): Include a copy of your birth certificate showing your name and your parent’s name(s).
- Affidavit of Support (Form I-864 or I-864EZ): This is required for family-sponsored immigrants. The petitioner must demonstrate their ability to financially support the beneficiary. Include a completed and signed Form I-864 or I-864EZ along with the required financial documents.
- Proof of legal name change (if applicable): If either the petitioner or beneficiary has changed their name legally, provide documentation to show the name change, such as a marriage certificate, court order, or other legal documentation.
- Photographs: Include passport-sized photos of both the petitioner and beneficiary. Follow USCIS photo requirements, which can be found on their website.
- Filing fee: Include the appropriate filing fee, as indicated in the form instructions. Check the USCIS website or the form instructions for the current fee amount and payment instructions.
- G-28, if represented by an attorney: If you’re using an attorney to assist you with the petition, include a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative.
- Cover letter (optional): Some applicants include a cover letter summarizing the contents of their application packet, but this is not required.
