The I-130, or “Petition for Alien Relative,” is a crucial step in the process for U.S. citizens or lawful permanent residents to sponsor their spouses for immigration to the United States. When a U.S. citizen or a lawful permanent resident marries a foreign national, they can file an I-130 petition with U.S. Citizenship and Immigration Services (USCIS) to establish the relationship. This petition is the first step in helping the foreign spouse obtain lawful permanent residency (a Green Card). The I-130 petition primarily serves to prove that a valid marriage exists between the petitioner (the U.S. citizen or lawful permanent resident) and the beneficiary (the foreign spouse). Key documentation required includes a marriage certificate, proof of the petitioner’s citizenship or residency status, and evidence demonstrating the legitimacy of the marriage, such as joint financial accounts, photos, and affidavits from people who know the couple.
Once the I-130 petition is approved by USCIS, the next steps vary depending on whether the foreign spouse is currently residing inside or outside the United States. If the spouse is already in the U.S., they may apply for adjustment of status to become a permanent resident without leaving the country. This is done through Form I-485, which can often be filed concurrently with the I-130 if the petitioner is a U.S. citizen. However, if the spouse is outside the U.S., they must go through consular processing, where the approved I-130 is sent to the National Visa Center (NVC) and then to the appropriate U.S. embassy or consulate in the spouse’s home country. The spouse will be required to attend an interview, and if successful, will be granted an immigrant visa to enter the United States as a permanent resident.
The processing time for I-130 petitions can vary significantly based on several factors, including the caseload at USCIS, the specific relationship type, and whether the petitioner is a U.S. citizen or a lawful permanent resident. Typically, cases where the petitioner is a U.S. citizen are processed more quickly than those filed by lawful permanent residents. Delays can also occur if additional evidence is required or if there are issues related to the legitimacy of the marriage. Overall, the I-130 process is just the beginning of a longer journey towards securing permanent residency, and it requires careful preparation and attention to detail to avoid unnecessary delays and complications.
Later Adjustment of Status or Consular filings will also require a Form I-864, Affidavit of Support to be completed. This Affidavit is a legally binding document that U.S. citizens or lawful permanent residents file to demonstrate they have sufficient financial means to support a relative immigrating to the United States. It is required to ensure that the immigrant will not become a public charge and that the sponsor will provide financial assistance if necessary. The sponsor must prove they meet or exceed 125% of the U.S. poverty guidelines to fulfill this obligation. Our team is skilled in guiding marriage based green card applicants through the intricacies of the application process.
