Often asked: What Type Of Visa Is For The I30?

If you are a U.S. citizen petitioning for a green card for your non-U.S. citizen spouse, then Form I-130 is the first step to applying for a K-3 visa (“Nonimmigrant Visa for a Spouse”).

What type of visa is I-130?

What Is the Purpose of Form I-130? 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.

How long does it take to get visa after I-130 approved?

I-130 Processing Times for Immediate Relatives For immediate relatives (spouse, children and parents ) of U.S. citizens, there is an unlimited number of immigrant visas and approval can be obtained in approximately 5 to 9 months. There is a short wait because there is no visa limit for the immediate relative category.

What does I-130 approval mean?

An I-130 is a petition for a family-based immigrant visa that starts the process of getting a green card. Approval of an I-130 petition is the first step for an immigrant to file an application for a green card (lawful permanent residence).

Can I work on an I-130 visa?

You cannot legally work in the US just because of filing an I-130 petition. If you also filed an I-485 application to adjust status you may file a request for work authorization (I-765) but cannot legally work until you receive the authorization.

What is k3 visa?

The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. K-3 visa recipients subsequently apply to adjust status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition.

Should I file I-130 and i485 together?

This means that Form I-130 must already have been approved (as in the case of the spouse of a green card holder) or the I-130 and the I-485 forms must be concurrently filed (as in the case of the spouse of a U.S. citizen).

How long does I-130 take to get approved 2021?

For immediate relatives (spouse, parent, or child) of a U.S. green card holder (legal permanent resident), processing times for Form I-130 currently vary between 13.5 and 19 months. For immediate relatives of a U.S. citizen, I-130 processing times currently average 15 to 20 months (as of June 7, 2021).

What is the next step after I-130 Approval for parents?

Adjustment of Status After I-130 is Approved The foreign national would file Form I-485, Application to Register Permanent Residence or Adjust Status, as the primary form in an adjustment of status application package.

What do I send with Form I-130?

When you submit their forms, you must include: Evidence of your U.S. citizenship, such as a photocopy of your naturalization certificate or your U.S. passport; and. A photocopy of your original Form I-130 receipt notice.

What if I-130 is denied?

In the event that your I-130 is denied, you might appeal for the USCIS green card if you are positive you did everything by the book. However, it is much easier to simply start over and file again.

Does an approved I-130 expire?

How long is the I-130 petition valid? After the I-130 petition is approved and an IV applicant receives an Instruction Package, he/she must apply for a visa within 2 years from the date on the Instruction Package letter.

Why is I-130 taking so long?

Warning: The coronavirus or COVID-19 pandemic has resulted in long delays in every part of the immigration process. As of early 2020, there is no way to complete the green card process owing to closures of government offices in both the U.S. and overseas to in-person visits.

Can my wife visit me in the US while I-130 visa is processing?

This is a special type of visa that is not heavily utilized but if one is lucky enough to get one, allows the spouse of US citizen to enter the US while the I-130 petition is pending with USCIS. In order to file for a K-3 visa, the I-130 must first be filed and received by the government.

How can I speed up my I-130?

You can generally request expedited processing by contacting the USCIS Contact Center at 1-800-375-5283 (TTY for the deaf, hard of hearing, or those having a speech disability: 1-800-767-1833) or by asking Emma after you have obtained a receipt notice.

What happens if petitioner dies after I-130 approved?

If the petitioner dies, the applicant typically must obtain a substitute sponsor to continue to be eligible for adjustment of status. A petition or adjustment application was pending or approved when the qualifying relative died; and. ​The applicant meets the residency requirement.