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I-130 - Frequently Asked Questions

4.

What is the process for filing Form I-130, Petition for Alien Relative, for a family member?

U.S. citizens resident in the U.S. must file immigrant visa petitions in the U.S. with the United States Citizenship and Immigration Services (USCIS) office having jurisdiction over their place of residence. All immigrant visa petitions for parents, brothers and sisters, and children over 21 years of age must be filed in the U.S. with the USCIS. U.S. citizens who are resident overseas may file petition at the Embassy for their spouse and unmarried children (below the age of 21) including stepchildren. you will need to check with the Embassy or consulate where you reside to determine if they accept I-130.

5.

Must the beneficiary of the Form I-130, Petition for Alien Relative, be present with the petitioner at the time of filing the immigrant visa petition?

No, the petitioner and beneficiary do not have to be at the same location at the time of filing. If you are filing an I-130 at the Embassy or Conuslate only the petitioner needs to come to the embassy to file the petition.

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6.

Why is Form I-864, Affidavit of Support, required in support of the immigration Form I-130, Petition for Alien Relative?

An affidavit of support is a guarantee to the U.S. government that a Green Card applicant will not become a public charge. The affidavit could be offered by the Green Card sponsor or someone who could provide financial assistance to the applicant in the event that such help would be necessary.

7.

As a petitioner, do I need to submit Form I-864, Affidavit of Support, in support of my Form I-130 if I have not worked in the past three years?

All petitioners, regardless of whether or not they have been working or living in the U.S. since the past three years must submit a notarized Form I-864, Affidavit of Support, for the beneficiaries of your petitions.

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