Quick Answer: What Is I-130 Visa?

A citizen or lawful permanent resident of the United States may file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) to establish the existence of a relationship to certain alien relatives who wish to immigrate to the United States.

What is the I-130 form used for?

Use this form if you are a U.S. citizen or lawful permanent resident (LPR) and you need to establish your relationship to an eligible relative who wishes to come to or remain in the United States permanently and get a Permanent Resident Card (also called a Green Card).

How long does it take for an I-130 to be approved?

After filing Form I-130, Petition for Alien Relative, the approval process can take anywhere from 5 to 12 months for immediate relatives and could take several years for family preference categories. This is an approximation.

Who needs to file I-130?

Who can file Form I-130? If you are a U.S. citizen, you can file Form I-130 for each of your eligible relatives. This includes your spouse, your children, your siblings, and your parents. If you are a permanent resident, you can petition for your spouse and any children under the age of 21.

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Can I stay in US after filing I-130?

If your family member or employer has merely started the process off for you, by filing what’s known as a petition (typically on USCIS Form I-130 or I-140), that’s not enough. A pending or approved petition from a sponsor gives you no rights to come to or remain in the United States.

Does the I-130 expire?

As a general rule, the petition does not expired but if the petition was transferred to the National Visa Center for visa processing and you do not respond to their communication within a year, the petition may get terminated and you will need to file a new petition.

Does I-130 require an interview?

All adjustment of status applicants must be interviewed by an officer unless the interview is waived by USCIS. For family-based applications, USCIS generally requires the Form I-130 petitioner to appear for the interview with the principal adjustment of status applicant.

How much does it cost to file I-130 form?

The filing fee for Form I-130 is $535. The filing fee for this petition cannot be waived. NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this petition.

What is your relationship to this relative I-130?

Form I-130 is one of the most important ones in an immigrating spouse’s immigration process. The “petitioner” is the U.S. citizen spouse, who is filing this petition on the would-be immigrant’s behalf. The immigrant is referred to as “your relative” or the ” beneficiary.”

How do I know if my I-130 is approved?

You can check your I-130 petition’s status, and if you notice that your online case status is “approved,” but you still haven’t received your NOA2, you can contact USCIS at 1-800-375-5283.

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Can I petition my married sister?

Yes. You may petition for your married sister and her family on Form I-130. Her husband and unmarried children under 21 years of age may immigrate with her. However, the wait period is about 10 years before she can immigrate.

Can spouse stay in US while I-130 is processed?

If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. Your spouse may wait abroad for immigrant visa processing.

What is K4 visa?

The K4 visa is a nonimmigrant visa which allows the children of a K-3 spouse visa holder to enter into the U.S. and await the availability of an immigrant visa. To qualify for K-4 visa, you must be: • Less than 21 years old. • The unmarried child of a K-3 applicant.

What’s the difference between i-130 and i 485?

2. What is the difference between Form I-485 and Form I-130? If you are helping a relative apply for a green card, Form I-485 (“Application for Adjustment of Status”) is the second step in the family-based green card process after submitting Form I-130 (“Petition for Alien Relative”).

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