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Form I -130 petition for alien relative

 

Form I-130 must be completed in all family relationship-based visa applications; it is completed by the U.S.citizen or Permanent Resident alien to whom the intended beneficiary claims to have a close family relationship.  The Petitioner must establish his or her relationship to certain foreign relatives who wish to immigrate to the U.S.

Filing Form I-130 with the U.S.C.I.S. is only the first step in helping a relative immigrate to the U.S. Eligible family members must wait until there is a visa number available before they can apply to become permanent residents.  The exception to this rule is for immediate family relatives of U.S.citizens, where visa numbers are not applicable.

 

The U.S. citizen must file a separate Form I-130 with supporting documents and filing fee for each eligible relative.

(a) Spouse.

(b) Unmarried children under 21 years old.

(c) Unmarried children 21 years of age or older.

(d) Married children of any age.

(e) Brothers and sisters.

(f)  Parents.

(g) Step-child, if the child is less than 18 year old at the time of the marriage.

A lawful permanent resident can file separate Forms I-130 for the following:

(a) Spouse.

(b) Unmarried children under 21 years of age.

(c) Unmarried children 21 years of age or older.

The I-130 petitioner must be 21 years of age or older and must later demonstrate financial ability to sponsor the relative by submitting tax returns, W-2 forms and pay statements, and in addition must complete and sign an Affidavit of Support. The minimum income requirements are based on the USCIS poverty guidelines, and if the sponsor's income does not meet the minimum of the guidelines, than a joint-sponsor must be involved in the application process.