The I-130 processing is the government form that a US citizen or lawful permanent resident (LPR) submits to sponsor a close family member for permanent residence in the United States. Boundless can help assemble the documents and prepare any necessary affidavits required to complete the application.
Immediate relatives include spouses, children and parents of U.S. citizens and are limited by the number of visas available each year. The rest of the family-preference categories have wait times that can last several years before their priority date becomes current.
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What is the I-130?
The I-130 is an immigration petition filed by a U.S. citizen for their spouse, children (under age 21), or parents to immigrate to the United States. The petitioner must submit proof of their relationship to the beneficiary in question and pay a filing fee, which is non-refundable.
USCIS asks for various pieces of supporting documentation to be attached to the petition, and the requirements are slightly different depending on the type of family visa sought. An experienced immigration lawyer like Boundless can help their clients compile the necessary documents for each situation.
If there is no available birth certificate for the beneficiary, USCIS will request other records such as baptismal or school certificates that show facts about their birth or written statements from relatives who can vouch for those facts. If the beneficiary is in the United States and trying to adjust their status, they may also need a waiver of past unlawful presence.
What Documents Do I Need to File the I-130 Petition?
Depending on the relationship type, some documents will be necessary. For example, the petitioning spouse may need to submit their marriage certificate and tax filings. If the spouse is also a US citizen, their online account and Social Security number should be included.
If the spouse is in the immediate relative category (as indicated by a letter “IR”), there will be no waiting list for them to receive their immigrant visa. However, in other categories that begin with an “F,” there may be a long wait due to high demand and limited visa numbers.
USCIS will review the documents submitted and make a determination as to whether they are sufficient. If not, the petitioning spouse or parent must provide other documents that demonstrate the relationship. Documents that prove the bona fide nature of the marriage include shared financial liabilities, assets, insurance, tax filings, and birth certificates of children born into the marriage. If documentation is not available, written statements from individuals who know the parties can be used as secondary evidence.
How Long Does It Take to File the I-130 Petition?
After the petition is filed, USCIS will review it. If there is a mistake or insufficient information, the petition may be rejected. If USCIS has questions, they will send the petitioner a letter (Request for Evidence or RFE) asking them for more information or documents.
If the petitioner is an immediate relative of a U.S. citizen, they will be able to apply for a visa as soon as the I-130 petition is approved. However, the visa processing time for other relatives depends on the family preference categories and annual quota of limited visas set by Congress.
A skilled immigration attorney can help you understand your eligibility, file the I-130 petition, obtain supporting documentation and respond to any RFEs or NOIDs that USCIS issues. They can also provide legal advocacy and support if any complications arise during the process. An experienced attorney can save you time, money and stress. They can avoid damaging mistakes, ensure the application is complete and accurate, and expedite the processing of your case.
What Happens After the I-130 Petition is Approved?
Once your petition is approved, it will be transferred to the National Visa Center (NVC). The NVC handles all immigration-related matters for nonimmigrants and immigrant visas. It will make sure all documents have been received and all fees paid before they transfer your case to the U.S. consulate for your interview.
The NVC is currently using an online portal called Consular Electronic Application Center (CEAC). Once you have your case number from the NVC, you can log in and pay all required fees through CEAC. There are two different types of fees; the visa application fee and the affidavit of support fee. Each family member who is going through consular processing will have a separate visa application fee and affidavit of support.
Once the NVC has scanned all of your documents, they will notify you to come in for an interview. The interview will be conducted by a consular officer and it will determine whether or not the immigrant visa is issued.
Barry Lachey is a Professional Editor at Zobuz. Previously He has also worked for Moxly Sports and Network Resources “Joe Joe.” He is a graduate of the Kings College at the University of Thames Valley London. You can reach Barry via email or by phone.
