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Petitions for alien relatives on Form I-130: online filing, marriage evidence, EWI spouses, RFEs and NTA risk, adjustment of status versus consular processing.
9 articles tagged I-130 (Petition for Alien Relative)
F2A spouses and kids under 21 wait 2–3 years; F2B unmarried adult children wait 6–7 years. I-130 petition, required documents, and DS-260 explained.
No: a new affidavit describing the same visit differently than the earlier I-130 letter reads to a USCIS officer as a lie — in one statement or the other.
USCIS cross-referenced a B1/B2 visa renewal with a marriage-based I-130 petition and issued an RFE. Here's what the case reveals about NTA risk.
USCIS account setup, middle name vs. patronymic, choosing AOS office or consulate, marriage evidence — a screen-by-screen walkthrough of Form I-130.
Divorcing a US citizen spouse doesn't block a new green card bid. Real case: filing Form I-130 from abroad, remarriage risks, and an immigration FOIA request.
Adjustment of status keeps you in the US; consular processing means leaving the country. Here's how the wrong choice can trigger a 10-year reentry bar.
Form I-130 is filed with USCIS by a US citizen or lawful permanent resident to prove a qualifying family relationship with a foreign relative. Citizens can petition for spouses, children, parents and siblings, while green card holders are limited to spouses and unmarried children. An approved I-130 does not by itself grant status or permission to remain in the United States; it only establishes the relationship.
The next step depends on where the relative is and how they entered. A beneficiary who was inspected and admitted can usually seek a green card inside the country with Form I-485, while others go through the National Visa Center and a consular interview abroad. People who entered without inspection generally cannot adjust status, and leaving after more than a year of unlawful presence triggers a 10-year reentry bar unless a waiver such as the I-601A provisional waiver is approved.
In marriage cases USCIS looks for evidence that the relationship is genuine, and the sponsor signs an affidavit of support on Form I-864. A spouse whose marriage is less than two years old when the green card is granted receives conditional residence and later files Form I-751 to remove the conditions.