Form I-130, Petition for Alien Relative, is an essential document used by U.S. citizens and lawful permanent residents to establish a qualifying relationship with certain relatives who wish to immigrate to the United States. This detailed guide will walk you through each part of the form, ensuring you understand every section and requirement.
Overview
- Form I-130: Used to petition for an alien relative to immigrate to the U.S.
- Form I-130A: Supplemental Information for Spouse Beneficiary, required if filing for a spouse. (Learn How to fill Form I-130A Here)
Who Can File?
U.S. Citizens can file for:
- Spouse
- Unmarried children under 21
- Unmarried sons or daughters 21 or older
- Married sons or daughters of any age
- Brothers or sisters (petitioner must be 21 or older)
- Mother or father (petitioner must be 21 or older)
Lawful Permanent Residents can file for:
- Spouse
- Unmarried children under 21
- Unmarried sons or daughters 21 or older
Who Cannot File?
- Adoptive parents or adopted children (if the adoption occurred after the child turned 16 or if the child hasn’t lived with you for at least two years)
- Natural parents if you gained lawful status through adoption
- Stepparents or stepchildren (if the marriage creating the relationship occurred after the child turned 18)
- Certain spouses under specific conditions (e.g., if the marriage was to evade immigration laws)
General Instructions
- Type or Print Legibly: Use black ink to complete the form.
- Extra Space: If more space is needed, use Part 9 or attach separate sheets of paper with your name, A-Number, page number, part number, and item number to which your answer refers. Sign and date each sheet.
- Complete All Questions: Fully answer all questions. Use “N/A” for not applicable questions and “None” for zero answers.
- Date Format: Use mm/dd/yyyy format for dates.
- USCIS Online Account Number: Include if you have one.
Step-by-Step Guide to Completing Form I-130
Part 1: Relationship
Indicate your relationship to the beneficiary (the person you are filing for). Check the appropriate box to specify whether the beneficiary is your spouse, parent, child, or sibling.
Part 2: Information About You (Petitioner)
- Item 1-9: Enter your full legal name, other names used, and A-Number (if applicable).
- Item 10-18: Enter your mailing address, including country, and physical address if different from your mailing address.
- Item 19-22: Provide your contact information (daytime phone number, mobile number, and email address).
- Item 23-24: Specify your U.S. citizenship or lawful permanent resident status. Include your A-Number, if applicable.
- Item 25-26: Indicate how you obtained your citizenship or lawful permanent resident status (e.g., birth, naturalization, etc.).
- Item 27-33: Provide your employment history, including employer’s name, address, and your occupation.
Part 3: Biographic Information
- Item 1: Ethnicity. Select whether you are Hispanic or Latino.
- Item 2-6: Race. Select all applicable races.
- Item 7: Height. Enter your height in feet and inches.
- Item 8: Weight. Enter your weight in pounds.
- Item 9: Eye color. Select the box that best describes your eye color.
- Item 10: Hair color. Select the box that best describes your hair color.
Part 4: Information About Beneficiary
- Item 1-9: Enter the beneficiary’s full legal name, other names used, and A-Number (if applicable).
- Item 10-18: Provide the beneficiary’s mailing address, including country, and physical address if different from the mailing address.
- Item 19-22: Enter the beneficiary’s contact information (daytime phone number, mobile number, and email address).
- Item 23-24: Provide the beneficiary’s U.S. entry information, if applicable.
- Item 25-26: Specify the beneficiary’s marital status and number of marriages.
- Item 27-33: Enter the beneficiary’s employment history, including employer’s name, address, and occupation.
- Item 34-37: Include the beneficiary’s current or most recent physical address, country of citizenship or nationality, and date of birth.
Part 5: Other Information
- Item 1-2: Indicate if you have filed other petitions for this beneficiary.
- Item 3-4: Provide details about any previous petitions filed by you or others on behalf of the beneficiary.
Part 6: Petitioner’s Statement, Contact Information, Declaration, and Signature
- Item 1-2: Indicate whether you read this petition yourself or had it interpreted.
- Item 3: Provide your signature and date the form.
- Item 4-6: Include your daytime telephone number, mobile telephone number (if any), and email address (if any).
Part 7: Interpreter’s Contact Information, Certification, and Signature
- Item 1-2: If an interpreter assisted you, provide their full name, business or organization name (if applicable), and contact information.
- Item 3: Interpreter’s certification, signature, and date.
Part 8: Contact Information, Declaration, and Signature of the Person Preparing This Petition, if Other Than the Petitioner
- Item 1-2: If someone other than you prepared this form, provide their full name, business or organization name (if applicable), and contact information.
- Item 3: Preparer’s certification, signature, and date.
Required Supporting Documents
- Proof of U.S. Citizenship or Lawful Permanent Resident Status:
- Birth certificate
- U.S. passport
- Certificate of Naturalization
- Certificate of Citizenship
- Permanent Resident Card (Form I-551)
- Proof of Relationship:
- Spouse: Marriage certificate, divorce decrees (if applicable), photographs, and evidence of bona fide marriage (e.g., joint property, joint tenancy, financial resources, birth certificates of children, affidavits, or other relevant documentation).
- Child: Birth certificate, marriage certificate (if applicable).
- Parent: Birth certificate showing your name and your parent’s name.
- Sibling: Birth certificates showing common parentage.
- Photographs: Two passport-style photographs of you and the beneficiary (if applicable).
- Form I-130A: Required if filing for a spouse.
Filing Fee
Check the USCIS website or Form G-1055 for the current fee. Pay with a check or money order made out to the “U.S. Department of Homeland Security.” Do not use abbreviations like “USDHS” or “DHS.”
Submission
- Mail the completed Form I-130, Form I-130A (if applicable), supporting documents, and the filing fee to the appropriate USCIS address. Check the USCIS website for the most current filing address.
After Submission
- Receipt Notice: USCIS will send you a receipt notice confirming they received your petition.
- Biometrics Appointment: USCIS may require you to provide fingerprints, a photograph, and/or a signature.
- Interview: USCIS may request an interview to verify the information provided.
- Decision: USCIS will notify you in writing of their decision.
Additional Tips
- Accuracy: Double-check all information for accuracy before submission.
- Copies: Keep copies of all documents for your records.
- Status Tracking: Use your USCIS receipt number to check your case status online.
By following these detailed instructions, you can ensure that your Form I-130 is completed accurately and thoroughly, helping facilitate the immigration process for your relative.
