Who needs to file Form I-130?
Form I-130, officially titled the “Petition for Alien Relative,” is filed by a U.S. citizen or lawful permanent resident (green card holder) who wishes to sponsor a family member for immigration to the United States. The purpose of this form is to establish the qualifying family relationship between the petitioner (the U.S. citizen or green card holder) and the beneficiary (the foreign family member) in order to facilitate the family member’s immigration to the U.S.
Here’s a breakdown of who typically needs to file Form I-130:
- U.S. citizens can file Form I-130 for the following family members:
- Spouses
- Unmarried children under 21
- Unmarried sons and daughters 21 or older
- Married sons and daughters of any age
- Brothers and sisters (if the U.S. citizen petitioner is at least 21 years old)
- Lawful permanent residents (green card holders) can file Form I-130 for the following family members:
- Spouses
- Unmarried children under 21
It’s important to note that the petitioner (the U.S. citizen or green card holder) must establish the qualifying family relationship and provide evidence of that relationship when filing Form I-130. Additionally, the beneficiary (the foreign family member) must meet other eligibility requirements for immigration, and the process may involve additional forms and steps depending on the specific circumstances.
Form I-130 checklist of documents
When filing Form I-130, the “Petition for Alien Relative,” it’s essential to include the necessary supporting documents and evidence to establish the qualifying family relationship between the petitioner and the beneficiary. While the exact documentation requirements may vary depending on the specific family relationship, here’s a general Form I-130 checklist of documents:
- Form I-130: The completed and signed Form I-130 itself, with the appropriate filing fee or fee waiver request.
- Proof of U.S. Citizenship or Lawful Permanent Resident Status:
- For U.S. citizens: A copy of a U.S. passport, birth certificate, Certificate of Naturalization, or Certificate of Citizenship.
- For lawful permanent residents (green card holders): A copy of both sides of the green card or a copy of the foreign passport with evidence of lawful permanent resident status.
- Proof of Qualifying Relationship:
- Marriage certificate (for spouses).
- Birth certificates (for children and parents).
- Marriage certificates and birth certificates with English translations (if applicable).
- If filing for a sibling, evidence to establish the familial relationship, such as birth certificates showing a common parent or parents.
- Proof of Legal Name Change (if the petitioner or beneficiary has legally changed their name).
- Photographs:
- Passport-style photos of both the petitioner and the beneficiary as per USCIS guidelines.
- Evidence of a Bona Fide Marriage (if applicable):
- For spousal petitions, include documents such as joint bank account statements, leases or mortgage documents showing joint ownership or residence, and photographs of the couple together.
- Affidavit of Support (Form I-864) (required for most family-based immigrants):
- The petitioner (sponsor) must submit an Affidavit of Support to demonstrate their ability to financially support the beneficiary.
- Financial Documentation:
- Tax returns for the past three years (Form 1040) or a transcript from the Internal Revenue Service (IRS).
- Proof of current employment and income, such as pay stubs or a letter from the employer.
- Filing Fee:
- Include the appropriate filing fee (check or money order) payable to the U.S. Department of Homeland Security, or a fee waiver request if eligible.
- G-28 Form (if represented by an attorney or accredited representative).
- Other Supporting Documents:
- Any additional documents that may be specific to your case or requested by USCIS.