Officially called "Petition for Alien Relative," Form I-130 is the first step in a family member's immigration process. It is the first of many steps to obtaining a Permanent Residency Card (also known as a green card). Form I-130 should only be filed by a United States citizen or lawful permanent resident.
What happens after Form I-130 is approved will depend on the family relationship the immigrant visa applicant has with the sponsoring U.S. citizen or green card holder. Immediate relatives will be given priority as there is no limit in the number of visas issued to them each year. Those in family preference categories may have to wait for ...
Immediate Relative Outside the United States. After the approval of an I-130 petition, USCIS will send your file to the National Visa Center (NVC). And the NVC will eventually coordinate the transfer of your case to the U.S. consulate in the country where you reside. This is known as consular processing.
To get a green card through family, the first step is to file Form I-130 and get it approved. Form I-130, Petition for Alien Relative is used to establish that a family relationship exists between a U.S. citizen or permanent resident (green card holder) and someone who wants to move to the U.S. The person who files Form I-130 is the U.S ...
Answer: After USCIS approved the sibling (brother or sister) immigrant visa petition of Form I-130, the U.S. citizen's brother or sister will receive a "priority date," based on the day USCIS first received the Form I-130 petition. Then, the long waiting for immigrant visa will begin.
Adjustment of Status After I-130 is Approved The foreign national would file Form I-485, Application to Register Permanent Residence or Adjust Status, as the primary form in an adjustment of status application package.
The wait time varies widely but is usually 8-10 months. After the wait time, the beneficiary can now apply for a green card, and this stage may take 9-11 months. This will be followed by an immigration interview and approval, which may take additional 1-2 months.
After USCIS approves your petition, they will transfer your case to the Department of State's National Visa Center (NVC) for pre-processing. The first step in this processing is the creation of your case in our system. Once this is complete, we will send you a Welcome Letter by e-mail or physical mail.
After NVC receives your approved petition from USCIS, NVC creates a case file for you at the Department of State and assigns you an NVC case number. NVC will send you a letter or e-mail with your case number and a separate invoice ID number.
10 Steps to Undertake After Your I-130 Petition Is ApprovedStep 1: Receiving Petitioner Notice of Action 2 (NOA2) ... Step 2: National Visa Center (NVC) Receives you Approved I-130 Petition. ... Step 3: Receiving Case Number and Welcome Letter. ... Step 4: Paying Immigrant Visa Fee and AOS Fees. ... Step 5: Completing Form DS-260.More items...•May 25, 2021
between 5 to 16 monthsFor immediate relatives of a U.S. citizen, I-130 processing times currently vary between 5 to 16 months (as of April. 13, 2022). The sooner you get started on your I-130 application, the better. With Boundless, all the required forms listed above turn into simple questions you can answer in under two hours.
Once you've sent your supporting documents, it generally takes 1-2 months before your visa interview is scheduled. You'll receive a notice from either the NVC or your local U.S. consulate informing you of your interview time and date.
How long does it take to get an appointment? Although NVC strives to schedule appointments within three months of NVC's acceptance of all requested documentation, this timeframe is subject to the operating status and capacity of the consular section.
The I-130 Petition is the first part of the marriage-based green card application. If this is approved, it means that USCIS has agreed that your spouse qualifies for a green card and that you have provided the necessary documents to evidence your spousal relationship.
Form I-130, Petition for Alien Relative, is filed to establish an eligible family relationship with a foreign relative to inform (USCIS) that you intend to help that person obtain a green card (permanent residency) in the United States.
Form I-130 should only be filed by a United States citizen or lawful permanent resident. A separate form must be filed for each eligible family member you wish to sponsor.
Officially called "Petition for Alien Relative," Form I-130 is the first step in a family member's immigration process.
To adjust your status, you must file USCIS Form I-485 (Application to Register Permanent Residents or Adjust Status). Each beneficiary of an I-130 petition must submit their own I-485 form.
This article discusses the process for family-based immigration through Form I-485 (Application to Register Permanent Residents or Adjust Status) and Form DS-260 (Application for Immigrant Visa and Alien Registration) after an I-130 petition has been approved.
If USCIS requires you to be interviewed, USCIS will instruct you on what to bring, be prepared to bring the following: Government-issued photo ID (state drivers license, passport , etc.); Notice of I-485 interview issued by USCIS on Form I-797C (Notice of Action);
Any medical exam USCIS orders are valid for 60 days. To assure your exam is valid, be sure to schedule your appointment as close as possible to the date you file your underlying I-485 application, USCIS's Request for Evidence, or your USCIS interview (whichever is applicable).
Form I-864 is a legal contract between you and your I-130 sponsor in which your sponsor promises to support you after you immigrate if it is necessary. Submitting Form DS-260 does not start the visa application. Your visa application officially starts when you are interviewed by a U.S. consular officer.
Immediate relatives of U.S. citizens can file the I-485 application concurrently when their sponsor files Form I-130 for them. Other categories of relatives who are in the U.S. will need to wait for Form I-130 to be approved to file Form I-485.
Immediate Relatives of the Sponsor Living in the U.S. An immediate relative of a U.S. citizen who is already in the U.S. on a nonimmigrant visa, can go through a process called adjustment of status. These applicants need not get immigrant visas and come to the U.S.
After the approval of an I-130 petition, USCIS will send your file to the National Visa Center (NVC). And the NVC will eventually coordinate the transfer of your case to the U.S. consulate in the country where you reside. This is known as consular processing.
So regardless of how long it takes to approve your I-130 petition, your Priority Date is set on the day that USCIS accepts the petition. Your Priority Date serves as your “place in line” when a limited number of visas are available. Use the Visa Bulletin to keep an eye on dates as they become current.
A foreign national that wants to change his or her nonimmigrant status to permanent resident status (green card holder) uses a process called adjustment of status. The foreign national would file Form I-485, Application to Register Permanent Residence or Adjust Status, as the primary form in an adjustment of status application package. Although USCIS will consider additional factors before approving an adjustment application, the three fundamental requirements to adjust status require that you must: 1 Be physically present in the United States; 2 Have an immigrant visa immediately available; and 3 Have a lawful entry to the United States.
Immediate Relatives will be given priority because there is no limit on the number of immigrant visas that can issued each year to this category. On the other hand, individuals in the Family Preference category will generally wait many months, and often several years, before an immigrant visa number is available.
citizen or permanent resident uses Form I-130, Petition for Alien Relative, to establish a qualifying relationship with a foreign national relative, and communicate the intention to help that person obtain a green card in the United States.
Unfortunately, an approved I-130 petition does not, by itself, give you permission to come to, or remain in, the United States. The approval of the I-130 petition is a prerequisite to the immigrant then filing an application for a green card (lawful permanent residence).
and your family member’s I-130 has been approved, the USCIS will send the approved application to the Nevada Visa Center (NVC), which is the entity that handles green card applications from people who are applying from outside the U.S.
To get a green card through family, the first step is to file Form I-130 and get it approved. Form I-130, Petition for Alien Relative is used to establish that a family relationship exists between a U.S. citizen or permanent resident (green card holder) and someone who wants to move to the U.S.
There are a few ways to become a green card holder, but the most common is through a U.S. citizen or permanent resident family member (Form I-130) or through a U.S. employer (Form I-140).
In the case of a green card application, the steps will be different if you, as the green card applicant, are within the U.S. or applying from your home country. If you are applying for your green card from within the U.S. and your family member’s filed Form I-130 has been approved by the USCIS, you must find out if you are eligible ...
There is no limit of immigrant visa numbers for green card applicants who immediate family members of their Form I-130 sponsors (spouses of U.S. citizens, unmarried children under 21 of U.S. citizens, and parents of U.S. citizens).
After you submit your I-130 petition, it takes several months for USCIS to send you a letter called the Notice of Action 2 stating your petition has been approved. You need to keep this letter safe since you will probably need it later.
After your I-130 is approved, USCIS will send it to NVC for pre-processing. Then, NVC will begin collecting fees, forms, and documents from the petitioner and beneficiary.
When NVC issues your case number, it will send you a welcome letter containing instructions on the following steps.
Applying for the spouse visa imposes two fees that you will need to pay before an interview is scheduled.
Before scheduling your interview with the embassy or consulate, you will have to complete online form DS-260. This form is long and requires answers to many questions related to personal and family information, previous travel to the United States, work and education, etc.
This is a legal document that requires the US petitioner to support the beneficiary to avoid them using public assistance financially.
Once you’ve completed from DS-260 and the I-864, NVC or the consulate will send a letter to the beneficiary to provide the interview’s date, time, and location.
Current green card holders can file I-130 petitions for their spouses and unmarried children. The U.S. citizen or green card holder who files the I-130 petition is officially called the “petitioner” or “sponsor.”. The person seeking a green card is officially known as the “beneficiary.”.
If you are a U.S. citizen, you can file Form I-130 for each of your eligible relatives. This includes your spouse, your children, your siblings, and your parents. If you are a permanent resident, you can petition for your spouse and any children under the age of 21.
A spouse, if you married your spouse while he or she was part of any immigration court proceedings (a hearing in an immigration court for someone facing deportation, or, more formally, “removal”) Any relative, if USCIS has determined that this person married, or attempted to marry, purely for immigration purposes.
Form I-130 (officially called the “Petition for Alien Relative”) establishes that a valid family relationship exists between a U.S. citizen or green card holder and a person seeking a green card. This form is often simply referred to as the “I-130 petition.”. Filing the I-130 petition with U.S.
You can file Form I-130 either online or via mail. To file online, you need to create an online account with USCIS. This will also make it easier to receive case alerts, check your status, upload supporting evidence and see all case correspondence.
Depending on which state you live in and whether or not your relative is filing Form I-485 as well, USCIS will require you to send to either the Dallas, Chicago or Phoenix Lockbox.
For immediate relatives of a U.S. citizen, I-130 processing times currently average 15 to 20 months (as of June 7, 2021). For family preference visas (for example, siblings), processing times can range anywhere from 13.5 months to 20 or more years. The sooner you get started on your I-130 application, the better.
If your relative is ineligible to get their Green Card in the United States by filing Form I-485, or if your relative lives outside the United States, they may apply for an immigrant visa with the U.S. Department of State at the U.S. Embassy or Consulate in their country.
If you submit a petition for your spouse, you must also submit Form I-130A, Supplemental Information for Spouse Beneficiary. To receive an email or text message when we accept your form, complete Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the front of the petition.
When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.
If your relative is already in the United States and a visa is available, they may be eligible to get their Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
We will generally approve your Form I-130 if you can establish a relationship between you and your relative that qualifies them to immigrate to the United States. Generally, once we approved the petition, your relative may apply to become an LPR. This is the second step in the process.
You can file Form I-130 online even if your relative is in the United States and will file Form I-485 by mail. Once you submit your Form I-130 online, we will send a receipt notice to your USCIS online account. Provide a copy of the receipt notice to your relative to include in their Form I-485 packet.
If you are a battered spouse, child, or parent, you may be eligible to file a petition for yourself independent from your U.S. citizen or LPR abuser. For more information, go to the Battered Spouse, Children, and Parents webpage.
A person who is in the United States legally as a U.S. citizen or a lawful permanent resident can file a petition called a Form I-130. This form establishes the relationship between the two people and opens the door for the immigration application of the person wishing to come to this country who is an “eligible relative,” such as ...
Form I-130, Petition for Alien Relative, is the immigration form an individual in the United States fills out to establish her relationship with a relative who wishes to immigrate. The petition is filed with the U.S. Citizenship and Immigration Services. If the person filing the I-130 later changes her mind, she can withdraw ...
Filing Form I-130 for a spouse or other eligible relative does not, in and of itself, give the spouse any legal immigration status. Rather, it makes it possible for the relative to file an application to become a legal resident of the United States. For relatives already in the country, the correct form to use is Form I-485, ...
True love and family relationships don’t always run smoothly. If the person filing Form I-130 gets angry with his spouse or relative, he can decide not to sponsor them as eligible relative s. This could happen for any number of reasons.
Withdrawing a Form I-130 petition should not be done lightly. Once the petition has been withdrawn, the withdrawal cannot be reversed or the petition reinstated. That means that any new attempt to sponsor the individual must begin from scratch and will go to the back of the line. To begin again, the petitioner must file a new I-130 application ...