Form I-130: Petition for Alien Relative
As a cross-border immigration lawyer based in Windsor, Ontario, Christina Loebach helps couples who live on opposite sides of the Windsor-Detroit border reunite and live together. This blog post considers the Form I-130, Petition for Alien Relative.
What is the Form I-130?
Form I-130, Petition for Alien Relative, is the initial form completed by a U.S. citizen or permanent resident who wants to sponsor a relative for a green card. The form is used to prove that there is a qualifying family relationship between the U.S. Petitioner and the Beneficiary that they wish to sponsor. U.S. citizens are eligible to sponsor their spouse, parent, children, and siblings. U.S. permanent residents are eligible to sponsor their spouse and unmarried sons or daughters.
What Supporting Documents are Required?
In addition to the Form I-130, you must provide primary documents to prove that a qualifying relationship exists. This may include government-issued documents such as passports, citizenship certificates, marriage or divorce certificates, birth certificates, court orders for adoption, and more. The exact documents to be uploaded depends on the nature of the relationship between the Petitioner and the Beneficiary. USCIS also requires that passport-sized photos of both the Petitioner and the Beneficiary be uploaded as part of the petition process.
Married couples must also file the Form I-130A, which does not apply to other types of qualifying family relationships.
When filing an I-130 to sponsor your spouse, it’s also important to include additional documents that prove the marriage is a genuine relationship, not entered for immigration purposes. For couples who are living together, USCIS expects to see evidence demonstrating that they live at the same address. This might include items such as driver’s licenses listing the same home address, utility bills, joint bank accounts, or other documents showing the same address. Examples of other helpful documents might include employment benefits listing the spouse as a beneficiary, bank or investment accounts showing the spouse as the account successor, and health benefits listing both spouses at the same address.
In addition, it’s important to provide documents showing that you spent time together and communicate regularly. Examples of these documents might include photos together, social media posts, text messages, letters from friends and family, proof you visit each other, and more.
Processing Times
When filing via consular process, the Form I-130 gets filed before other documents (ex. Form I-485). Processing times are difficult to predict, but the Form I-130 currently takes about 1.5 years to be processed by USCIS. Online submissions are not processed quicker than paper applications, but do have the benefit of being slightly less expensive ($625 USD versus $675 USD).
Especially in the Windsor-Detroit area, it’s common for Canadians and Americans to fall in love and get married. Christina Loebach is licensed to practice law in both Canada and the United States, and loves working with clients who are considering sponsorship on both sides of the border. If you would like Christina to provide legal advice tailored to your situation, please schedule a consultation.