The immigration policy of the United States provides certain preferences to family members of U.S. citizens who live in foreign countries. To a certain extent, these benefits also apply to green card holders in the United States.
Recent immigrants to the United States who are married to a nonresident may wonder what resources are available to them in order to accelerate the immigration process for their spouse or other family members. This article will explain one of those tools, the I-130 petition, and how green card holders can use it to help expedite the process of bringing over their family members.
Key Takeaways
What is an I-130?
An I-130 form is a document used to establish a qualifying relationship between the United States permanent resident applicant and one of their eligible relatives who wish to come to or stay in the United States permanently and apply for a green card.
An eligible relative includes an immediate relative, the fiancé of a U.S. citizen, or other qualifying relative of a lawful permanent resident under the family-based preference categories. The form is sent to and processed by United States Citizenship and Immigration Services (or USCIS).
Can Green Card Holders File for a Spouse?
Yes, green card holders are eligible to make an I-130 petition on behalf of their spouse. The spouse of a green card holder (a lawful permanent resident) is eligible to be sponsored through an I-130. (for more information regarding green card eligibility through family, see https://www.uscis.gov/green-card/green-card-eligibility-categories).
What Information is Needed to Complete my I-130?
- Relationship: This section establishes both the petitioner’s (the applicant’s) citizenship status and their relationship to the beneficiary.
- Information about you: this section will ask for the petitioner’s Alien Registration Number (if any), the petitioner’s USCIS online account number (if any), and the petitioner’s social security number (if any). In addition to your full name and other aliases you may have used, it also requires you to state where you were born, your current mailing address, and your address history for the past five years. Finally, it will ask for information about your marriage history (you are required to list all previous marriages), information about your parents, and your employment history.
- Biographic Information: This section will require the petitioner to answer demographic questions about themselves (ethnicity, race) as well as identifying characteristics (height, weight, eye color, hair color).
- Information about the Beneficiary: Here, the petitioner will answer roughly the same questions in part 2, but this time about the beneficiary. To complete this section, the applicant will need:
- The beneficiary’s alien registration, USCIS number, and social security number (if any);
- The beneficiary’s full name and previous aliases;
- The beneficiary’s place of birth;
- The beneficiary’s physical address (and intended future address);
- The beneficiary’s phone number and email address;
- The beneficiary’s marital history;
- Information about previous attempts by the beneficiary to enter the United States; and
- The beneficiary’s employment information;
- Other Information: This section will ask whether the petitioner has made a previous petition for either this beneficiary or any other. If the petitioner is making separate petitions for different relatives, this information also needs to be listed in Part 5.
- Petitioner’s Statement, Contact Information, Declaration, and Signature: This section is where the petitioner attests that they understand all of the questions that have been asked in the petition or that an interpreter has read the questions to them in a language they can understand. It then requires the petitioner to sign a sworn statement that they have reviewed and understood all of the information in and submitted with their petition, be true and correct with all of the information contained within the petition, and that all of the information in the petition were provided and authorized by them.
- Interpreter’s Contact Information, Certification, and Signature: If the petitioner used an interpreter to complete their I-130, this section requires the interpreter to list their full name, address, and contact information. The interpreter must also sign at the end of the section.
- Contact Information, Declaration, and Signature of the Person Preparing this Petition, if Other Than the Petitioner: If the petitioner used a preparer to help them complete the application (legal counsel, a relative, etc.) they are required to put their full name, mailing address, and contact information in Part 8. They are also required to state whether or not they are an attorney and to certify that all of the information in the application is true and correct.
- Additional Information: This section allows for the petitioner to fit in whatever information he could not in the above sections.
What are the filing fees for an I-130?
The I-130 green card application fee for spouses is the same as for everyone else. As of today, a paper I-130 petition is $675, and an online petition is $625. For more information, see the fee schedule available on the USCIS website here.
How Long will it take to Process my I-130?
There are several factors which could affect the time it takes for USCIS to process your application. However, the typical I-130 petition made by a lawful permanent resident should take roughly 6 to 12 months. Between application and processing, the entire process should be around 12 to 18 months.
Family preference immigrants are broken down into tiers by USCIS. If you are applying for your beneficiary spouse, your petition is second preference. A green card for spouses of permanent residents falls into category F2A. These applications will be processed behind first-preference family immigrants or unmarried sons and daughters.
Furthermore, the availability of these family preference visas is limited to certain timeframes. This information is published on the website of the United States State Department (link to the Visa bulletin here).
What if I become a U.S. Citizen during the course of my petition?
If you become a citizen while waiting for your I-130 to process, you may be entitled to an adjustment of status. This will change your beneficiary’s status to an immediate relative. Immediate relatives have no annual cap imposed on them, which means your spouse’s application will move forward much faster.
If you are thinking about filing an I-130 petition on behalf of your spouse or other loved ones who live outside the United States, the experienced attorneys at O’Flaherty Law may be able to help you.
.avif)
.svg){kind=small}
