Fill out Form I-130, Petition for Alien Relative with Instafill.ai
Form I-130, Petition for Alien Relative, is a form used by U.S. citizens and lawful permanent residents to sponsor their relatives for immigration. This form is crucial as it helps establish the familial relationship necessary for the relative to apply for a visa or green card.
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How to Fill Out Form I-130 Online for Free in 2024
Are you looking to fill out a I-130 form online quickly and accurately? Instafill.ai offers the #1 AI-powered PDF filling software of 2024, allowing you to complete your I-130 form in just 37 seconds or less.
Follow these steps to fill out your I-130 form online using Instafill.ai:
- 1 Visit instafill.ai site and select Form I-130.
- 2 Fill in your personal information as the petitioner.
- 3 Provide details about the beneficiary.
- 4 Complete the relationship and biographic information.
- 5 Sign and date the form electronically.
- 6 Check for accuracy and submit the form.
Our AI-powered system ensures each field is filled out correctly, reducing errors and saving you time.
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Frequently Asked Questions About Form Form I-130
The Petition for Alien Relative (Form I-130) is used to establish the relationship between a U.S. citizen or lawful permanent resident (petitioner) and a foreign national (beneficiary) for the purpose of obtaining an immigrant visa or adjustment of status to permanent residence. This form initiates the immigration process for certain family members of U.S. citizens and lawful permanent residents.
A U.S. citizen or a lawful permanent resident (green card holder) aged 18 years or older can file a Petition for Alien Relative (Form I-130) for certain eligible family members. Eligible relatives include spouses, unmarried children under 21 years old, unmarried sons or daughters over 21 years old, parents, and siblings. In some cases, a U.S. citizen may also file for a fiancé(e) or a widow(er).
The beneficiary section of the Petition for Alien Relative (Form I-130) requires the following information about the foreign national (beneficiary): full name, date and place of birth, country of birth, current mailing address, and country of residence. Additionally, the beneficiary's passport number, country of issuance, and date of expiration must be provided if available. The beneficiary's relationship to the petitioner and the beneficiary's signature are also required.
The following documents should be submitted with the Petition for Alien Relative (Form I-130): proof of the petitioner's U.S. citizenship or lawful permanent residence, evidence of the relationship between the petitioner and the beneficiary (such as birth certificates, marriage certificates, or other relevant documents), and the required filing fee. Additional documents may be required depending on the specific circumstances of the case.
The filing fee for the Petition for Alien Relative (Form I-130) varies depending on the relationship between the petitioner and the beneficiary. As of 2023, the filing fee for most family-based petitions is $535. However, there may be additional fees for biometric services and other charges. It is recommended to check the U.S. Citizenship and Immigration Services (USCIS) website for the most current fee information.
The processing time for Form I-130, Petition for Alien Relative, varies significantly depending on the USCIS service center and the current workload. You can check the most recent processing times on the USCIS website or contact the USCIS Contact Center at 1-800-375-5283 for the latest information.
An IR-1 petition is filed for the spouse of a U.S. citizen, while an IR-2 petition is filed for the unmarried child under 21 years of age of a U.S. citizen. Both petitions aim to bring the beneficiary to the United States as an immediate relative.
A CR-1 petition is filed for the spouse of a U.S. citizen, while a CR-2 petition is filed for the unmarried child under 21 years of age or an unmarried brother or sister of a U.S. citizen. Both petitions are filed under the Family Preference category and have different waiting periods based on the priority date and the visa bulletin.
An F1-1 petition is filed for a fiancé(e) of a U.S. citizen, while an F2-1 petition is filed for the spouse of a U.S. citizen. Both petitions are used to bring the beneficiary to the United States for the purpose of marriage. The main difference is that the F1-1 petition requires the couple to marry within 90 days of the beneficiary's arrival in the United States, while the F2-1 petition does not have this requirement.
An F2-2 petition is filed for the spouse and unmarried children under 21 years of age of a lawful permanent resident (LPR), while an F2-4 petition is filed for the unmarried sons and daughters over 21 years of age of an LPR. Both petitions are used to bring the beneficiaries to the United States as dependents of an LPR.
An F3-1 petition is filed for an unmarried son or daughter of a U.S. citizen, while an F4-1 petition is filed for a married son or daughter of a U.S. citizen. The primary difference lies in the preference category, with F3 being in the third preference category and F4 in the fourth preference category.
The priority date is the date when USCIS received a properly filed Form I-130, Petition for Alien Relative. This date is used to determine an applicant's place in line for an immigrant visa or green card. Applicants with earlier priority dates have precedence over those with later dates.
Adjustment of Status (AOS) is the process by which an alien changes their immigration status from one category to another without leaving the United States. In the context of the Petition for Alien Relative (Form I-130), AOS refers to the process by which a qualifying relative becomes a lawful permanent resident (LPR) of the United States.
Consular processing is the series of events that takes place outside of the United States for individuals seeking an immigrant visa. This process includes an interview at a U.S. Embassy or Consulate, where the applicant will present their approved Form I-130, Petition for Alien Relative, and other required documentation.
The beneficiary is the individual who will ultimately receive the benefits of the Petition for Alien Relative (Form I-130). In this context, the beneficiary is the alien relative who is being petitioned for by a U.S. citizen or lawful permanent resident family member.
The Petitioner is the person who files the Form I-130 on behalf of a qualifying relative. This could be a U.S. citizen or a lawful permanent resident (LPR) over the age of 18. The Petitioner is responsible for providing accurate and complete information about themselves and the beneficiary (the relative they are petitioning for) on the form.
The Department of Homeland Security (DHS) is the U.S. government department responsible for implementing and enforcing immigration laws. When you file the Petition for Alien Relative (Form I-130), you are asking DHS (specifically, the U.S. Citizenship and Immigration Services or USCIS) to approve your petition and allow your relative to come to or remain in the United States.
The U.S. Citizenship and Immigration Services (USCIS) is the component of the Department of Homeland Security (DHS) that oversees lawful immigration to the United States. When you file the Petition for Alien Relative (Form I-130), you are submitting your application to USCIS for approval. If your petition is approved, it is a significant step towards your relative being able to immigrate to the United States.
Apologies for the confusion earlier. The Petitioner is the person who files the Form I-130 on behalf of a qualifying relative. This could be a U.S. citizen or a lawful permanent resident (LPR) over the age of 18.
Compliance Form I-130
Validation Checks by Instafill.ai
1
Ensures that all information is typed or printed in black ink as specified in the instructions.
The AI software ensures that all entries on the Petition for Alien Relative form are made in black ink, adhering to the official instructions. It checks the color consistency across the form to prevent any discrepancies that may arise from using different ink colors. The software also verifies that the text is legible and clear, which is crucial for the processing of the petition. This validation is important to maintain the formality and readability of the document.
2
Confirms that the relationship to the beneficiary is correctly indicated in Part 1, including additional details if applicable.
The AI software confirms that the petitioner has correctly indicated their relationship to the beneficiary in Part 1 of the form. It checks for the appropriate selection among the provided options and ensures that any necessary additional details are included. The software also validates that the information is consistent with other parts of the form where the relationship might be referenced. This check is vital for establishing the eligibility of the beneficiary for the immigration benefit.
3
Verifies that the petitioner's full name, contact information, and personal details are accurately provided in Part 2.
The AI software verifies the accuracy of the petitioner's full name, contact information, and personal details in Part 2 of the form. It cross-references these details with external databases or previously entered information to ensure consistency and correctness. The software also checks for completeness of all required fields to avoid any processing delays due to missing information. This verification is essential for the identification and communication with the petitioner.
4
Checks that the petitioner's biographic information in Part 3 is a continuation of Part 2 and is fully completed.
The AI software checks that the biographic information provided in Part 3 is a direct continuation of the details from Part 2, ensuring that there is no contradictory or missing information. It reviews each field for completeness and accuracy, including date of birth, nationality, and marital status. The software also ensures that this section is fully completed, as any omissions could impact the validity of the petition. This check is crucial for maintaining the integrity of the petitioner's biographic data.
5
Ensures that the beneficiary's full name, contact information, and personal details are accurately provided in Part 4.
The AI software ensures that the beneficiary's full name, contact information, and personal details are accurately provided in Part 4 of the form. It validates that the information is consistent with any supporting documents and checks for any discrepancies or typographical errors. The software also confirms that all required fields are filled out, as incomplete information could lead to delays or denials. This validation is critical for the beneficiary's identification and the success of the petition.
6
Beneficiary's Native Language and Address
Ensures that the beneficiary's name is provided in their native written language if it does not use Roman letters, which is crucial for accurate identification in countries using non-Roman scripts. Confirms that the beneficiary's foreign address is included and correctly formatted, which is necessary for any official correspondence. Validates that both the native name and foreign address are present to avoid processing delays. Checks for completeness of this information to ensure the petition can be appropriately directed and handled by immigration authorities.
7
Disclosure of Previous Petitions
Verifies that any previous petitions filed by the petitioner for the beneficiary or other aliens are fully disclosed in Part 5 of the form. This check is important to identify potential legal or immigration issues that may affect the current petition. It helps in maintaining the integrity of the immigration process by ensuring that all relevant information is considered. The check also prevents fraud by cross-referencing with past applications to detect discrepancies or patterns that may require further investigation.
8
Petitioner's Statement and Signature
Checks that the petitioner's statement, contact information, declaration, and signature are completed in Part 6. This validation is essential to authenticate the petition and to establish the petitioner's commitment to the information provided. It also serves as a legal attestation that the petitioner understands and accepts responsibility for the content of the petition. Ensures that the petition is legally binding and that the petitioner can be contacted if further information is needed.
9
Interpreter's Information and Certification
Ensures that if an interpreter was used, their full contact information, certification, and signature are included in Part 7. This check confirms that the interpreter has provided accurate translation services and that their credentials are valid. It also provides a way to contact the interpreter if there are any questions regarding the translation. Verifies the interpreter's declaration that they have accurately translated the information for the petitioner, which is crucial for maintaining the integrity of the information provided.
10
Preparer's Information and Declaration
Verifies that if someone other than the petitioner prepared the form, their contact information, declaration, and signature are included in Part 8. This check is important to identify the preparer and ensure they are authorized to complete the form on behalf of the petitioner. It also holds the preparer accountable for the information provided. Ensures that there is a record of the preparer's involvement, which is necessary for any follow-up communication or in case of discrepancies.
11
Confirms that Part 9 is used for any additional information
The AI ensures that if there is any additional information that cannot be included within the standard fields of the Petition for Alien Relative form, it is provided in Part 9. It verifies that each additional sheet is properly signed and dated by the petitioner. The AI also checks that the information on these sheets is clearly referenced to the corresponding section of the form to avoid any confusion. This is crucial for maintaining the integrity of the information provided and for ensuring that the additional details are considered during the petition review process.
12
Checks for the inclusion of all required documentation
The AI meticulously scans for the presence of all necessary documentation that must accompany the Petition for Alien Relative form as outlined in the form instructions. It cross-references the provided documents with the checklist of requirements to ensure completeness. The AI alerts the user if any document is missing or if additional evidence is needed to support the petition. This check is vital to prevent delays or rejections due to incomplete submissions.
13
Verifies that the entire form is reviewed for accuracy
The AI conducts a thorough review of the entire Petition for Alien Relative form to confirm the accuracy of all entries. It checks for common errors such as misspellings, incorrect dates, and mismatched information that could lead to misunderstandings or processing delays. The AI also ensures that numerical values and personal details are consistent throughout the form. This verification is essential for the credibility of the petition and to minimize the risk of administrative errors.
14
Ensures that any additional sheets used for extra space reference the relevant Page Number, Part Number, and Item Number
The AI ensures that if additional sheets are used to provide more information than the form fields allow, these sheets reference the relevant Page Number, Part Number, and Item Number from the Petition for Alien Relative form. This is to maintain a clear connection between the additional information and the specific section of the form it pertains to. The AI's attention to detail in this aspect helps in preserving the organization of the information and facilitates the review process by immigration officials.
15
Confirms that the Penalties section in Part 6 is read
The AI confirms that the petitioner has acknowledged the Penalties section in Part 6 of the Petition for Alien Relative form. It ensures that the appropriate statement regarding the petitioner's understanding of the penalties for fraud or misrepresentation is selected. The AI's validation in this area is crucial for legal compliance and to affirm that the petitioner is aware of the serious implications of providing false information on the form.
Common Mistakes in Completing Form I-130
Selecting the incorrect relationship box in Part 1 of the Petition for Alien Relative form can lead to processing delays or even the rejection of the application. It is crucial to carefully review the options and choose the one that accurately reflects the familial relationship between the petitioner and the beneficiary. Applicants should double-check the selected box against the instructions to ensure accuracy. If there is any confusion about which box to select, consulting the form's instructions or seeking legal advice can help prevent this mistake.
Providing incomplete or incorrect information about the petitioner in Part 2 can result in significant delays in the processing of the petition. It is essential to fill out all required fields with accurate information as it appears on official documents. Petitioners should review their personal details such as name, address, and date of birth for accuracy before submitting the form. To avoid errors, cross-reference the information with government-issued identification and proofread the form multiple times.
Omitting details about the nature of the relationship between the petitioner and the beneficiary can lead to questions about the validity of the petition. It is important to provide comprehensive and truthful information to establish the legitimacy of the relationship. Applicants should include all relevant details and supporting documentation as required by the form's instructions. Before submission, reviewing the relationship section to ensure no pertinent information has been left out is a good practice.
Failing to include the parental information of the petitioner can cause unnecessary delays in the petition's processing. This information is often used to verify the petitioner's identity and background. Applicants should ensure that all fields related to parental information are filled out completely and accurately. Before submitting the form, it is advisable to double-check this section against personal records to confirm that all details are correct and up to date.
Using ink colors other than black for handwritten entries can result in the form being rejected or misread during processing. The instructions specify that all handwritten entries must be made in black ink to ensure legibility and to comply with scanning requirements. Applicants should use a black pen when filling out the form and avoid making entries with pencils, colored pens, or markers. To maintain consistency and clarity, it is also recommended to write legibly and to avoid any smudges or erasures.
Failing to provide a complete employment history for the petitioner can lead to delays or even denial of the petition. It is crucial to list all employment for the last five years, including the names of the employers, addresses, job titles, and the dates of employment. Ensure that no gaps exist in the employment timeline. Double-check the information for accuracy before submitting the petition to avoid any discrepancies that may raise concerns during the adjudication process.
Omitting biographic details like height, weight, or eye color can result in an incomplete application, which may cause processing delays. These details are necessary for identification purposes and must be accurately filled in. Applicants should review the form thoroughly to ensure that all required biographic information is provided. Use a checklist if necessary to confirm that all personal attributes have been included in the petition.
Providing incomplete information about the beneficiary in Part 4 of the petition can hinder the application's progress. It is essential to fill out all fields related to the beneficiary's personal details, including their address, marital status, and information about their children, if any. Carefully review this section to ensure that no required fields are left blank. If a question does not apply, it is advisable to fill in 'N/A' (not applicable) rather than leaving it empty.
Neglecting to include the beneficiary's information in their native written language can cause issues if the beneficiary's records in their home country are not in English. It is important to provide all names and addresses in the native alphabet to facilitate background checks and verification by immigration authorities. To avoid this mistake, double-check that all relevant fields have been completed in both English and the beneficiary's native language.
Forgetting to indicate previous petitions filed by the petitioner in Part 5 can lead to incomplete historical records, which may affect the current petition's outcome. It is important to disclose all prior petitions, whether they were approved, denied, or withdrawn. This transparency helps establish the petitioner's credibility and ensures that immigration officials have all the necessary information to process the current petition. Review past records and consult with an immigration attorney if there is any uncertainty about what needs to be disclosed.
Failing to list other relatives who require separate petitions on the Petition for Alien Relative form can lead to processing delays and potential denials. Each eligible relative must be listed on their own petition to ensure proper handling by immigration authorities. To avoid this mistake, petitioners should carefully review their family situation and list all relatives who qualify for a petition. It is advisable to double-check the instructions for the form to understand which relatives need to be included and how to properly list them.
Omitting the petitioner's signature or date in Part 6 of the Petition for Alien Relative form can result in the rejection of the application. The signature and date are critical components that validate the authenticity and timeliness of the petition. To prevent this oversight, petitioners should thoroughly review each section of the form before submission, ensuring that all required fields are completed. It is also beneficial to use a checklist to confirm that all parts of the form, including signatures and dates, are not overlooked.
Neglecting to select a statement in the Penalties section of the Petition for Alien Relative form can cause unnecessary complications. This section is designed to confirm the petitioner's understanding of the legal implications and penalties for providing false information. To avoid this error, petitioners should read each statement carefully and select the one that applies to their situation. It is important to take the time to understand the legal declarations and to seek clarification if any part of the section is unclear before making a selection.
If an interpreter is used to complete the Petition for Alien Relative form, failing to provide the interpreter's information or signature in Part 7 can invalidate the petition. The interpreter's role is to ensure accurate communication and completion of the form, and their details are required for verification purposes. Petitioners should ensure that the interpreter fills out all necessary fields and provides a signature to confirm their assistance. It is recommended to review the interpreter's section with the interpreter present to confirm that all information is accurate and complete.
When someone other than the petitioner prepares the Petition for Alien Relative form, it is essential to provide complete information for that individual in Part 8. Incomplete preparer information can lead to questions about the petition's validity and may delay processing. To circumvent this issue, ensure that the preparer provides all the required details, including their name, address, and contact information. It is also crucial for the preparer to sign and date the form, confirming their involvement in the preparation of the petition.
Failing to reference additional information in Part 9 with the correct Page, Part, and Item Numbers can lead to confusion and processing delays. To avoid this, ensure that each piece of additional information is clearly labeled with the corresponding Page Number found at the bottom of each page, the Part Number indicated at the beginning of each section, and the Item Number to which the information pertains. This meticulous approach facilitates the reviewer's task and ensures that the additional information is considered in the correct context.
Neglecting to sign and date each additional sheet can result in the rejection of the application, as unsigned or undated sheets may not be considered valid. It is crucial to provide a signature and date on each additional sheet to authenticate the information provided. This step confirms the applicant's acknowledgment and the accuracy of the supplementary details. Applicants should double-check that all additional sheets are signed and dated to ensure the form's completeness and validity.
Omitting required documentation is a significant error that can lead to the denial of the petition. Applicants must carefully review the instructions to understand which documents are mandatory and ensure that all necessary evidence is included with the petition. It is advisable to create a checklist of required documents and cross-reference it with the submitted materials. Providing a complete and thorough packet of information supports the petition and demonstrates attention to detail.
Submitting a form without reviewing it for accuracy can result in errors and omissions that may delay processing or lead to a denial. Applicants should thoroughly check the form for completeness, correct any mistakes, and confirm that all information is current and accurate. It is beneficial to have another person review the form as well to catch any errors that may have been overlooked. A careful final review before submission can save time and prevent unnecessary complications.
Using an incorrect or outdated form version can invalidate the entire petition, as immigration laws and regulations frequently change. Applicants must verify that they are using the most current version of the form, which is typically available on the official website of the immigration authority. It is recommended to check for the latest form version shortly before completing and submitting the petition to ensure compliance with the most recent requirements. Staying informed about updates and changes to the form can prevent delays and rejections.
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