Your Love Deserves Answers: Top Questions About Form I-130

• What is Form I-130?

Form I-130  is a petition filed with the United States Citizenship and Immigration Services (USCIS) by a U.S. citizen or lawful permanent resident to establish a qualifying relationship with an eligible relative, such as a spouse, who wishes to immigrate to the United States.

• Who can submit Form I-130?

Only a U.S. citizen or lawful permanent resident can submit Form I-130 on behalf of a relative. A U.S. citizen can sponsor parents, siblings, a spouse, and children of any age or marital status. Lawful permanent residents, more commonly referred to as green card holders, may only sponsor their spouse, and unmarried children under the age of 21.

• What documentation is required to file Form I-130?

Key documents include proof of your U.S. citizenship or permanent residency, and proof of relationship which may include marriage or birth certificates, proof of termination of prior marriages (if applicable), photos together, and evidence of sharing a life together.

• What are the steps after filing Form I-130?

After filing Form I-130, USCIS will review the petition, request additional information if necessary, and make a decision. If approved, the petition will proceed to the National Visa Center for further processing if the beneficiary is outside the U.S. If the beneficiary is inside the U.S. and an immigrant visa number is available for the individual, you can proceed with filing the green card application. For immediate relatives, an immigrant visa number is always available, so Form I-130 is often concurrently filed with Form I-485, which is the green card application.

• Where do I file Form I-130?

The form can be filed online via the USCIS website or by mail to the appropriate USCIS lockbox. The filing location depends on where you live, which courier you use, and whether you are filing along with Form I-485, Application to Register Permanent Residence or Adjust Status .

• What happens after USCIS approves my Form I-130?

If the beneficiary is outside the U.S., the petition will go to the National Visa Center for consular processing. If the beneficiary is inside the U.S. and eligible, they may file Form I-485 to adjust status. The Form I-485 was filed concurrently, USCIS will begin processing that petition automatically.

• How long does it take to process Form I-130?

Processing times vary based on the petitioner’s status, volume of applications, and case specifics. Checking USCIS processing times online can provide an estimate.

• How do I check my Form I-130 case status?

You can check the status of your petition on the USCIS  website using your receipt number. Staying informed helps ensure you do not miss important updates or requirements.

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