To file online, you need to create an online account with USCIS. Fourth Preference: Brothers and sisters, their spouses, and minor children of adult U. Form I-130, Explained - Petition for Alien Relative. citizens (65, 000 visas allowed). Officially called "Petition for Alien Relative, " Form I-130 is the first step in a family member's immigration process. You can find the Visa Bulletin on the State Department's website at Start Your Family Member's Immigration Now. Where you must send your I-130 petition depends on where you live and whether you're filing just an I-130 (officially called a "standalone" I-130) or filing an I-130 with an I-485 green card application, or "Application to Register Permanent Residence or Adjust Status, " at the same time (officially called a "concurrent filing"). This is also the phase of the marriage-based green card process in which you submit documents (for example, joint bank account statements, joint insurance documents, and photos together) to prove that your marriage is "authentic" — that is, it isn't based on fraud.
Learn what types of questions will be asked at the interview, to get prepared and respond to requests as quickly as possible. What are the fees for the I-130? After checking my status online, this is what was written. Basically, this estimates when an applicant would receive a visa based on the number of previous applicants in the queue. During the interview, the USCIS officer will look for information regarding any life-changing events (new child, new employer, new address, anything that would change any answer submitted in the I-485 application). It's important, to be honest about your criminal history, and to let USCIS know of any interactions with law enforcement (except for minor traffic violations). For those living in the U. S., the processing time is currently 14-26 months. I-130 interview was completed and my case must be reviewed destruction. The original and two copies of all documents uploaded to CEAC. Unmarried sons or daughters (if the permanent resident is over 21).
Adjustment of status applications can be filed if the I-130 receipt date is before the date that corresponds to that country and category. Before scheduling your interview with the embassy or consulate, you will have to complete online form DS-260. Important Disclaimer: Please read carefully the Terms of Service. This is a required form used to show that the applicant has adequate means of financial support from a sponsor. If you do not have evidence that you and your spouse live together and married with the intent to establish a life together, or if things you say in your interview aren't consistent with the information you provided in your application or what USCIS is able to verify during your interview or through a subsequent investigation, your I-130 petition may be denied. In most cases, you must wait until I-130 approval before filing an I-485 application. These categories define the relationship between you and your family member and sets the priority in issuing green cards. I-130 interview was completed and my case must be reviewed. The USCIS does not regulate fees for medical exams and fees vary depending on your location. If you believe your I-130 was unfairly denied, you may be able to appeal to a separate body, the Administrative Appeals Office (AAO), within 30 days from when the notice was sent (not from when the notice was received).
To adjust your status, you must file USCIS Form I-485 (Application to Register Permanent Residents or Adjust Status). During this examination, the doctor will take a detailed history from you, perform a physical examination, draw blood, or order other tests. Which options make sense for you and your spouse will depend on the reasons for your denial and your specific facts. The good news is that it's the first step towards gaining permanent residency and the right to work in the United States, and that further down the process, your relative may be able to submit Form I-765 and apply for an Employment Authorization Document (EAD). These exams are referred to as immigration exams or I-693 exams. China-mainland born. I-130 interview was completed and my case must be reviewed fears. Both are required DOS fees. Submit Immigrant Visa Application. It is the first of many steps to obtaining a Permanent Residency Card (also known as a green card). The consular officer will either approve, request for additional evidence or deny the Green Card. See how the visa bulletin works to keep an eye on dates as they become current.
It just means that they're going to talk about that with you and your spouse or your sponsoring petitioner at the interview. Whether there are errors in the application itself. In addition to the forms listed above, the applicant must submit USCIS fees and supporting documentation. So what exactly happens after I-130 is approved? So, if you file I-130 and I-485 together, that's your marriage-based petition for an alien relative and application for adjustment of status. However, it's important they make it clear to immigrants when they enter that they will leave before this visa expires. Free check your eligibility if you are a U. S. citizen and plan to file an I-130 petition for spouse, parent, child, or sibling, or if you are a lawful permanent resident and plan to file an I-130 petition for spouse/child. All of these factors determine the steps that happen after I-130 is approved. 10 Steps to Undertake After Your I-130 Petition Is Approved | HLG. We answer as many of your immigration law-related questions as possible in just under 60 minutes. Typically, if they're smart and eligible, most people file the I-130 and the I-485 together, and when you receive that actual appointment notice, that's only for the I-485. If you are petitioning for your spouse, you will need to provide additional evidence of your relationship and prove you have a bona fide marriage. Today's video comes from a question we received in our Immigrant Home Facebook group.
This is known as consular processing. Does this mean that something's wrong with my marriage-based green card petition? Embassy or Consulate officer; then. It is an online portal; means you need to pay and submit documents online. If your visa is approved, you will receive notice of when and how your passport will be returned to you. The processing time for your I-130 petition will depend on the family relationship and where you apply from. You need to keep this letter safe since you will probably need it later. Whatsoever, you will be notified by NVC when it is time to submit documents for a consular processing. If they are outside the U. S., they will interview for their Green Card at a U. consulate once form I-130 is approved. Depending on which state you live in and whether or not your relative is filing Form I-485 as well, USCIS will require you to send to either the Dallas, Chicago or Phoenix Lockbox. If you are a U. After I-130 is Approved, What's Next. citizen and you are filing for your parents, or unmarried children under the age of 21 who are in the United States and have filed Form I-485, then you might not need an interview. But that's pretty rare. On a scheduled date, you will be called to a U.
Spouse and unmarried children under 21 years of age of green card holder. Form I-864 is a legal document that requires the US petitioner to support the beneficiary to avoid them using public assistance financially. After your sponsor's I-130 application is approved, the time it takes to approve your I-485 application is influenced by several factors: - Whether your application is based on the Immediate Relative or Family Preference Category; - Whether your sponsored relative lives in the U. or abroad; - Whether you mailed or hand-delivered your application to a USCIS office, U. Now, there are certain cases where the I-130 is filed separately, and in those instances, you will receive an interview on the I-130 when it's a standalone I-130. Currently, no more than seven percent of the total amount of people immigrating to the United States in a single fiscal year can come from a single country. If you do not have sufficient proof that your prior marriages have ended, your marriage-based petition may be denied. Be prepared to bring the following: - The interview appointment received from NVC; - For each individual immigrating with you, a passport valid for six months past the expected immigration date; - Two identical color photographs for each individual immigrating; - The DS-260 cover page; and. The U. immigration system divides persons seeking family-based immigration into two categories: Immediate Relative and Family Preference.
Current green card holders can file I-130 petitions for their spouses and unmarried children. Embassy or Consultant, or file online with SelfLawyer; and. Family Preference Priorities. When to File I-485 Application. Concurrent filing is allowed if a visa number is available for an I-485 applicant during the filing time of the sponsored I-130 petition. To obtain a green card through consular processing, you must file Form DS-260 (Application for Immigrant Visa and Alien Registration) with the NVC through NVC's online Consular Electronic Application Center (CEAC). If you're living outside the United States, once you become the beneficiary of a sponsored I-130 petition you can apply for lawful permanent resident status (a green card) through the process called consular processing. An interview may (but not necessarily) be waived if: - An applicant us clearly ineligible; - Unmarried children (under 21) if they filed their application on their own; - Parents of U. citizens; - Asylees and refugees if they underwent a precious USCIS interview; and. Upon a successful interview, authorities will notify you that your visa has been approved and expect your visa stamped in the passport shortly. Preparing the Adjustment Package. Unmarried children (under 14) if they filed their application of their own. And two, is this the kind of person we want to allow to stay in the United States? Otherwise, you'll need to obtain other records (for example, a baptismal certificate or school records) showing the facts of your birth or written statements from relatives who can attest to those facts.