Torem and Associates Personal Injury and Immigration Attorneys - Torem & Associates

I. WHAT IS THE PURPOSE OF THIS FORM?
II. WHO MAY FILE FORM I-130?

A. U.S. CITIZEN'S HUSBAND OR WIFE
B. U.S. CITIZEN'S MOTHER OR FATHER
C. U.S. CITIZEN'S UNMARRIED CHILD UNDER AGE 21
D. U.S. CITIZEN'S UNMARRIED SON OR DAUGHTER AGE 21 OR OLDER
E. U.S. CITIZEN'S MARRIED SON OR DAUGHTER OF ANY AGE
F. U.S. CITIZEN'S BROTHER(S) OR SISTER(S)
G. LPR'S HUSBAND OR WIFE
H. LPR'S UNMARRIED CHILD UNDER AGE 21
I. LPR'S UNMARRIED SON OR DAUGHTER AGE 21 OR OLDER
J. SEPARATE PETITION GUIDELINES

III. WHERE TO FILE YOUR PETITION AND SUPPORTING DOCUMENTATION?
IV. WHEN WILL A VISA BECOME AVAILABLE?

I. What Is the Purpose of This Form?

A Citizen or a Lawful Permanent Resident, referred to herein as LPR,  of the United States may petition with the 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.

II. Who May File Form I-130?
If you are a U.S. citizen you, you may file a separate relative petition, Form I-130, for each of the following eligible relatives:

A.   U.S. Citizen's husband or wife;

1. U.S. Citizen must submit the following Documents and forms to the U.S. Citizenship & Immigration Services?

a. Form I-130 signed by US Citizen, (petitioner);
b. Form G-325A completed by the petitioner;
c. Form G-325A completed by the relative, (beneficiary);
d. Proof of your U.S. citizenship;
e. Certified Copy of Marriage Certificate;
f. Divorce degrees evidencing that all prior marriages were legally terminated;
g. Passport-style color photo of U.S. Citizen and their husband/wife;
h. Proof of your family relationship*;
i. Filing Fee Click here

*Establishing a Family Relationship: The U.S. Citizen must prove that there is a family relationship between them and their relative and must submit supporting evidence that they have a bona fide marriage.  This may accomplished by including copies of the following documents with their application:

• Documentation showing joint ownership or property;
• Residential lease showing joint tenancy of a common residence;
• Documentation showing co-mingling of financial resources such as joint bank account or credit card statements;
• Birth certificate(s) of child(ren) born to you and your spouse together;
• Wedding and other photographs;
• Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage).

B.  U.S. Citizen's mother or father (U.S. Citizen must be age 21 or older);

1. U.S. Citizen must submit the following Documents and forms to the U.S. Citizenship & Immigration Services?

a. Form I-130;
b. Proof of your U.S. citizenship;
c. For MOTHER: Petitioner's birth certificate showing your name and your mother’s name;
d. For FATHER: Petitioner's birth certificate showing the names of both parents;
e. For FATHER: Petitioner's parents' marriage certificate establishing that your father was married to your mother before you were born;
f. Filing Fee Click here. 

C.     U.S. Citizen's unmarried child under age 21, (IR-Immediate Relative);

1. U.S. Citizen is the MOTHER: U.S. Citizen must submit the following Documents and forms to the U.S. Citizenship & Immigration Services:

a. Form I-130;
b. Proof of your U.S. citizenship;
c. Child's birth certificate showing your name and the name of your child;
d. Filing Fee Click here.

2. U.S. Citizen is the FATHER: U.S. Citizen must submit the following Documents and forms to the U.S. Citizenship & Immigration Services:

a. Form I-130;
b. Proof of your U.S. citizenship;
c. Child's birth certificate showing both parents' names;
d. Your marriage certificate;
e. Filing Fee Click here.

3. U.S. Citizen is the FATHER: Unmarried child under 21 born out of wedlock and US Citizen is the father. U.S. Citizen must submit the following Documents and forms to the U.S. Citizenship & Immigration Services:

a. Form I-130;
b. Proof of your U.S. citizenship;
c. Evidence that a bona fide parent-child relationship existed between the father and the child**;
d. Filing Fee Click here

**If the child was not legitimated before reaching 18 years old, US Citizen must file there petition with copies of evidence that a bona fide parent-child relationship existed between the father and the child before the child reached 21 years. This may include evidence that the father lived with the child, supported him or her, or otherwise showed continuing parental interest in the child's welfare.

4. Stepparent/Step child: U.S. Citizen must submit the following Documents and forms to the U.S. Citizenship & Immigration Services

a. Form I-130;
b. Proof of your U.S. citizenship;
c. Copy of the stepchild's birth certificate;
d. Copy of the marriage certificate of the stepparent to the child's natural parent showing that the marriage occurred before the child's 18th birthday;
e. Copies of documents showing that any prior marriages were legally terminated.

D.     U.S. Citizen's unmarried son or daughter age 21 or older, (Family First Preference);

1. U.S. Citizen is the MOTHER: U.S. Citizen must submit the following Documents and forms to the U.S. Citizenship & Immigration Services:

a. Form I-130;
b. Proof of your U.S. citizenship;
c. Child's birth certificate showing your name and the name of your child;
d. Filing Fee Click here.

2. U.S. Citizen is the FATHER: U.S. Citizen must submit the following Documents and forms to the U.S. Citizenship & Immigration Services:

a. Form I-130;
b. Proof of your U.S. citizenship;
c. Child's birth certificate showing both parents' names;
d. Your marriage certificate;
e. Filing Fee Click here.

E.     U.S. Citizen's married son or daughter of any age(Family Third Preference);

1. U.S. Citizen is the MOTHER: U.S. Citizen must submit the following Documents and forms to the U.S. Citizenship & Immigration Services:

a. Form I-130;
b. Proof of your U.S. citizenship;
c. Child's birth certificate showing your name and the name of your child;
d. Filing Fee Click here.

2. U.S. Citizen is the FATHER: U.S. Citizen must submit the following Documents and forms to the U.S. Citizenship & Immigration Services:

a. Form I-130;
b. Proof of your U.S. citizenship;
c. Child's birth certificate showing both parents' names;
d. Your marriage certificate;

e. Filing Fee Click here.

3. U.S. Citizen is the FATHER: Married son or daughter of any age born out of wedlock and US Citizen is the father. U.S. Citizen must submit the following Documents and forms to the U.S. Citizenship & Immigration Services:

a. Form I-130;
b. Proof of your U.S. citizenship;
c. Evidence that a bona fide parent-child relationship existed between the father and the child***;
d. Filing Fee Click here.

***If the child was not legitimated before reaching 18 years old, you must file your petition with copies of evidence that a bona fide parent-child relationship existed between the father and the child before the child reached 21 years. This may include evidence that the father lived with the child, supported him or her, or otherwise showed continuing parental interest in the child's welfare.

F.  U.S. Citizen's brother(s) or sister(s) (U.S. citizen must be age 21 or older,Family Fourth Preference) ;

1. U.S. Citizen must submit the following Documents and forms to the U.S. Citizenship & Immigration Services:

a. Form I-130;
b. Proof of your U.S. citizenship;
c. Your Birth certificate;
d. Birth Certificate of your brother or sister showing that you have at least one common parent****;
e. Filing Fee Click here.

****If you and your brother or sister have a common father but different mothers, submit copies of the marriage certificates of the father to each mother and copies of documents showing that any prior marriages of either your father or mothers were legally terminated.

If you are a Lawful Permanent Resident, LPR, of United States, you may file a relative petition, Form I-130, for each of the following eligible relatives:

G.    LPR's husband or wife; (Family Second Preference)

 1. LPR must submit the following Documents and forms to the U.S. Citizenship & Immigration Services?

a. Form I-130 signed by US Citizen, (petitioner);
b. Form G-325A completed by the petitioner;
c. Form G-325A completed by the relative, (beneficiary);
d. Proof of your U.S. citizenship;
e. Certified Copy of Marriage Certificate;
f. Divorce degrees evidencing that all prior marriages were legally terminated;
g. Passport-style color photo of U.S. Citizen and their husband/wife;
h. Proof of your family relationship*****;
i. Filing Fee Click here.

*****Establishing a Family Relationship: The U.S. LPR must prove that there is a family relationship between them and their relative and must submit supporting evidence that they have a bona fide marriage.  This may accomplished by including copies of the following documents with their application:

• Documentation showing joint ownership or property;
• Residential lease showing joint tenancy of a common residence;
• Documentation showing co-mingling of financial resources such as joint bank account or credit card statements;
• Birth certificate(s) of child(ren) born to you and your spouse together;
• Wedding and other photographs;
• Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage).

H.    LPR's unmarried child under age 21; (Family Second Preference)

1. LPR must submit the following Documents and forms to the U.S. Citizenship & Immigration Services?

a. Form I-130;
b. Proof of your Lawful Permanent Resident status (Copy of Green Card);
c. Child's birth certificate showing your name and the name of your child;
d. Filing Fee Click here.  

I.     PLR's unmarried son or daughter age 21 or older. (Family Second Preference)

1. LPR must submit the following Documents and forms to the U.S. Citizenship & Immigration Services?

a. Form I-130;
b. Proof of your Lawful Permanent Resident status (Copy of Green Card);
c. Child's birth certificate showing your name and the name of your child;
d. Filing Fee Click here.

There is no visa category for married children of lawful permanent residents. If an unmarried son or daughter of a lawful permanent resident marries before the permanent resident becomes a U.S. citizen, any petition filed for that son or daughter will be automatically revoked.

J. Separate Petition Guidelines: If your relative qualifies under paragraph C, D, or E above, separate petitions are not required for his or her husband or wife or unmarried children under 21 years of age.  They will be able to apply for an immigrant visa along with your relative.

If your relative qualifies under paragraph H or I above, separate petitions are not required for his or her unmarried children under 21 years of age.  They will be able to apply for an immigrant visa along with your relative.

III. Where to file your petition and supporting documentation?

Petitioners who reside in AK, AZ, CA, CO, Guam, HI, ID, IL, IN, IA, KS, MI, MN, MS, MT, NE, NV, ND, OH, OR, SD, UT, WA, WI, or WY must file their stand-alone Form I-130s with the Lockbox using the following address:

USCIS
P.O. Box 804625
Chicago, IL  60680-1029

Petitioners who reside in AL, AR, CT, DL, FL, GA, KY, LA, ME, MD, MA, MI, NH, NJ, NM, NY, NC, OK, PA, Puerto Rico, RI, SC, TN, TX, VT, VA, U.S. Virgin Islands, WV, or District of Columbia must file their stand-alone Form I-130 with the Lockbox using the following address:

USCIS
P.O. Box 804616
Chicago, IL  60680-1029

Any U.S. resident petitioner submitting a completed I-130 by private courier (non-USPS), should use the following address:

U.S. Citizenship and Immigration Services
Attn: FBASI
427 S. LaSalle - 3rd Floor
Chicago, IL  60605-1098

NOTE: If the Form I-130 petition is being filed concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status, submit both forms concurrently to:

U.S. Citizenship and Immigration Services
P.O. Box 805887
Chicago, IL 60680-4120

IV. When Will a Visa Become Available?

When a petition is approved for the husband, wife, parent, or unmarried minor child of a United States citizen, these persons are classified as immediate relatives.  They do not have to wait for a visa number because immediate relatives are not subject to the immigrant visa limit. A Form I-485 can be filed along with the I-130 Petition if the relative is in the US.

For alien relatives in preference categories, a limited number of immigrant visas are issued each year. The visas are processed in the order in which the petitions are properly filed and accepted by USCIS.