How to fill out Form I-130
Form I-130, Petition for Alien Relative, is a U.S. Citizenship and Immigration Services (USCIS) form used to establish the qualifying relationship between a U.S. citizen or lawful permanent resident (LPR) and their foreign relative who wishes to immigrate to the United States. Here’s a general guide on how to fill out Form I-130:
- Download the Form: You can download the most current version of Form I-130 from the USCIS website.
- Read the Instructions: Before filling out the form, carefully read the accompanying instructions provided by USCIS. These instructions will provide valuable information on how to complete the form and what documents to submit.
- Form Details: Ensure you are using the correct edition of the form and that it is up to date.
- Type or Print Clearly: Use black ink and write neatly. If you’re completing the form electronically, ensure your typing is clear and easy to read.
- Part 1 – Information About You (Petitioner):
- Provide your full legal name.
- Provide your USCIS Online Account Number (if applicable).
- Provide your U.S. mailing address.
- Indicate your citizenship status (U.S. citizen or LPR).
- Provide your date of birth, place of birth, and your U.S. social security number (if applicable).
- If you’ve previously filed a Form I-130 for the same beneficiary, provide that information.
- Part 2 – Information About Your Relative (Beneficiary):
- Provide your relative’s full legal name.
- Provide your relative’s U.S. mailing address.
- Provide your relative’s date of birth, place of birth, and foreign mailing address.
- Indicate your relative’s relationship to you.
- If your relative is in the United States, provide their immigration status.
- Part 3 – Additional Information About You (Petitioner):
- Answer the questions in this section about your criminal history, immigration history, and other relevant information.
- Part 4 – Information About Your Prior Marriages:
- If you or your spouse have been previously married, provide details about those marriages.
- Part 5 – Information About Your Family:
- List all of your children, including stepchildren, regardless of whether they will immigrate to the U.S. or not.
- Part 6 – Statement: Sign and date the form. By signing, you are declaring that the information provided is true and correct to the best of your knowledge.
- Filing Fee: Include the appropriate filing fee with your Form I-130. The fee can change, so check the USCIS website for the current fee and accepted payment methods.
- Supporting Documents: Include all required supporting documents, such as proof of your U.S. citizenship or LPR status, proof of your relationship with the beneficiary, and any other documents as specified in the instructions.
- Mail the Form: Mail your completed Form I-130, along with the fee and supporting documents, to the USCIS address provided in the instructions.
- Follow-Up: After submitting the form, you will receive a receipt notice from USCIS. Keep this notice for your records. USCIS will process your petition and inform you of any further steps or actions required.
It’s essential to consult the USCIS website or seek legal advice if you have any doubts or specific questions about your situation, as immigration laws and requirements can be complex and subject to change. Additionally, consider using certified mail or a courier service with tracking to ensure your application reaches USCIS safely.
Form I-130 checklist
When preparing Form I-130, Petition for Alien Relative, it’s crucial to include all required supporting documents and information to avoid delays or issues with your application. Here’s Form I-130 checklist to help you ensure you’ve included all the necessary items:
- Form I-130: Ensure you have correctly filled out and signed Form I-130, including all required information.
- Filing Fee: Include the appropriate filing fee, which can change, so check the USCIS website for the current fee and accepted payment methods.
- Supporting Documents for the Petitioner (U.S. Citizen or LPR):
- Proof of U.S. citizenship (e.g., copy of U.S. passport, birth certificate, or naturalization certificate) if you are a U.S. citizen. Or, if you are an LPR, provide a copy of your green card (both sides).
- Supporting Documents for the Beneficiary (Foreign Relative):
- Copy of the beneficiary’s birth certificate.
- Passport-style photos of the beneficiary as specified in the Form I-130 instructions.
- If applicable, a copy of the beneficiary’s valid passport, visa, and I-94 Arrival/Departure Record.
- If your relative is already in the United States and adjusting status, include a copy of their Form I-94, Arrival/Departure Record.
- Proof of the Qualifying Relationship:
- For spouse petitions, provide a copy of your marriage certificate.
- For parent-child relationships, include birth certificates showing the parent-child relationship.
- For sibling relationships, provide proof of common parentage, such as birth certificates.
- For other qualifying relationships, provide relevant documentation, such as adoption papers or court orders.
- Proof of Name Change (if applicable): If you or your relative have changed your name legally, provide evidence of the name change (e.g., marriage certificate, court order).
- Supporting Documents for Previous Marriages (if applicable):
- If you or your spouse have been previously married, provide divorce decrees, annulment certificates, or death certificates for any prior marriages.
- Proof of Bonafide Relationship (for Spouse Petitions): To demonstrate a bona fide marriage, include documents such as:
- Joint bank account statements.
- Lease or mortgage documents showing shared residence.
- Birth certificates of any children born to the marriage.
- Affidavits from friends or family members attesting to the legitimacy of the marriage.
- G-325A Biographic Information (if required): Some petitioners and beneficiaries may be required to submit Form G-325A, Biographic Information, providing detailed personal information.
- Photocopies: Make photocopies of all documents you submit, including the completed Form I-130, for your records.
- Translations: If any documents are not in English, provide certified translations along with the original documents.
- Cover Letter: It can be helpful to include a cover letter summarizing the contents of your application package.
- Form G-1145 (Optional): Include Form G-1145, E-Notification of Application/Petition Acceptance, if you wish to receive electronic notifications about your case’s status.
- Payment for Return Mail (Optional): If you want USCIS to return your documents by mail, include a prepaid self-addressed envelope with adequate postage.
- Checklist: Consider creating a checklist like this one to ensure you have included all necessary documents.
Remember to review the current USCIS instructions for Form I-130 on their website before submitting your application, as requirements may change over time. Double-check that you have filled out the most recent version of the form and that you are using the correct filing address. It’s advisable to consult with an immigration attorney or expert if you have specific questions or concerns about your application.