Do not lose your head, waiting for the result of your application in the USCIS, check How long does Form I-130 take: Read us and get the information you need and you will know how you should make your request and some links so that you do not continue in the uncertainty.
What is Form I-130
It is the form used to obtain a residence card through the marriage bond.
It is also known as the Foreign Relative application. Which must be done before the USCIS, the acronym in English of the United States Citizenship and Immigration Service, an agency attached to the Department of Homeland Security.
Its main purpose lies in the certification of the existence of a family tie or relationship. Demonstrating that it is real, that it is valid, that this link exists between the applicant and the sponsor.
The I-130 form seeks to validate that the marriage is legal, based on the marriage certificate.
This procedure requires a set of documents that serve to support the situation.
Among them, bank accounts and insurance certificates that they have in common are accepted. Including photos of the marriage, among many others that support the reality of marriage.
This application is processed according to the date of receipt before the USCIS office, that is, in the order in which they are received.
Who can file Form I-130
US citizens are entitled to file Form I-130 for their spouses, children, relatives, and siblings.
Also people who hold the green card, declared as permanent legal residents in the United States, who can submit the application for their spouses and unmarried children.
The person who submits the I-130 form is called sponsor or petitioner, that is, the person who has the permanent residence card or the person who enjoys citizenship.
And as a beneficiary, the one who is requesting the green card is called.
Who Cannot File Form I-130
Even when there is a true family bond, there are situations or conditions that inhibit the request with the I-30 form.
In case of being in the ones that we will show below, the I-30 form will not be able to be presented as a sponsor:
- In the case of a relative or adopted child, after the age of 16.
- If you are a relative with blood ties, who has obtained US citizenship or a green card through adoption.
- If you are a stepparent or stepchild, when the marriage resulting from this relationship occurred after the child had reached 18 years of age.
- As a spouse, if in the marriage ceremony there was no physical presence of the contracting parties.
- The spouse, in case of having obtained the green card by previous marriage with a United States citizen or with a holder of a green card. With the exception that he has been naturalized and has US citizenship. Or in the situation of being a permanent resident for at least five years.
- Spouse, in case the marriage takes place with one of the parties being part of proceedings in an immigration court.
- For any relative, when the USCIS would have considered that the individual has decided to marry with the sole interest of having the immigration benefit.
- In the case of grandparents, grandchildren, nephews, uncles, cousins or in-laws.
We must emphasize that there are exceptions to the situations of inadmissibility mentioned. Possibly upon submission of additional documents requested by the USCIS.
What is the documentation required to file Form I-130
These are called supporting documents, which seek to certify or prove the true family relationship and can be a sponsor for the presentation of Form I-130 of the person applying for the green card.
- To prove US citizenship, a copy of the birth certificate or certificate must be presented. The passport issued in the States or the naturalization certificate are also accepted.
- If you are a permanent resident, present a copy of the residence card.
- The marriage certificate, where the data of both parties are shown, as well as the place and date of the event, as a certificate of the legality of the marriage.
- Some document that proves that it is not a fraud, such as photographs together, rental contracts, common bank accounts, among others.
- The divorce document, if you have been married before and that union has been dissolved.
- If you have changed your name, present any proof that certifies it as the order to change your name.
- A certificate of nationality of the beneficiary spouse, such as a copy of their passport or birth certificate.
How long does the I-130 petition process take
To calculate the time that the I-30 petition will take, variables such as the type of family connection, the order of care that the USCIS has, and the number of applications that preceded it, must be taken into account.
Through the following link you can follow up on the request you have submitted. Click here
And the approval time can be consulted by entering the following link
What is the cost of filing the I-130 petition
According to the fee established by the government, for the I-30 petition, $ 535 must be paid
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