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MARRIAGE
PETITION (For
Beneficiary in the United States)
The I-130 petition is filed by a US citizen or lawful permanent resident to
establish the relationship of certain alien relatives who may wish to live
permanently in the United States. If you are a citizen, you may file this form for your
husband, wife, or unmarried child under 21 years old; an unmarried child over
21; a married child of any age; a brother or sister if you are at least 21 years
old; or your parent if you are at least 21 years old. If you are a lawful permanent resident you may file this form
for your husband or wife; or your unmarried child (any age). Note: It must be remembered that the Immigration Service is very
suspicious of marriage cases, especially where the marriage is relatively
recent. Therefore, you must be
prepared to provide substantial documentation concerning the bona-fides of the
marriage at the time of the interview.
Please read the instructions, attached to the petition, carefully to
determine who can file the petition and what documents will be needed to
establish the family relationship, and to establish US citizenship or lawful
permanent residence status.
On the I-130 form, the petitioner is the US citizen, or in some cases the
US lawful permanent resident alien who is seeking to bring his or her relative
to the United States. The
beneficiary is the non-resident alien relative of the petitioner who is seeking
entry as a permanent resident to the United States.
The I-130 petition is used to file for a spouse, parent, a minor child, an adult
son or daughter, or a brother or sister. Note:
The biographic information forms (G-325A) are only used if it is a
spousal petition. In that case, one form is completed for the husband, and one
form for the wife. A residency type
photo is attached to the biographic form of the applicable spouse, and the forms
are filed together with the I-130 petition. If the beneficiary is in the United States and eligible to file for adjustment of status, he or she should also complete form I-485, together with the biographic information form, photographs, and a medical exam. In addition, the petitioner as well as any other person who will be guaranteeing the beneficiary's support in the United States should complete the Affidavit of Support (form I-864). The beneficiary must also attach a copy of his or her birth certificate, passport, I-94, and any other documents that may be required. Again, please read the instructions attached to the application to determine what other documents may be needed, and what the filing fees are. Note: If you are subject to Section 245 (i) of the immigration act, you may also have to pay an additional penalty fee of $1,000.00. A separate package of each of the above documents, together with an original I-130 petition, must also be provided for each accompanying family member (spouse or minor children), together with applicable filing fees. In addition, if the applicant for adjustment is in status and wishes to travel outside of the United States while the application for adjustment is pending, then he or she should submit form I-131, together with an explanation of the need to travel, photos, and appropriate filing fee.
Both the petition and adjustment application, together with all of the
supporting documentation and relating applications, should be hand-delivered, or mailed, to the local
immigration office that has jurisdiction over the area where the beneficiary
resides. You should call the local
office to determine whether they prefer that you hand-deliver or mail the
application, and which method will result in faster processing, since local
office procedures frequently change.
Note:
Whenever you mail any forms or documents to the immigration service, you
should always do so by certified mail, return receipt requested, or by some form
of express mail for which you can obtain proof of receipt.
This is very important in the event immigration loses your application.
In that event you can submit your proof of receipt, with evidence of
payment, and you can reestablish your old priority date.
Once the application is properly filed, the Immigration Service will
issue a temporary work authorization, and will schedule the alien(s) to have his
or her fingerprints taken at a local immigration support center.
In
addition, if it had been requested, the Immigration Service will issue a
document known as an advance parole permitting the person to travel out of the
US and re-enter without having the application for adjustment being considered
abandoned. When the case is ready for completion, the petitioner, beneficiary, and
any accompanying family members will be scheduled for an interview on the
petition and application(s). The time frame for issuing work authorization, advance
paroles, and scheduling
the appointment varies with each immigration office. If an interview can be scheduled within 90 days, then INS may
not issue a temporary work permit.
Following the interview, if everything is in order, the immigration
examiner will place a temporary resident stamp in beneficiary's passport (and
accompanying family members if any), which will constitute evidence of permanent
residence status and work authorization until the alien card arrives in the
mail. It usually takes 3-6 months
to receive the alien card, but during this period the person is entitled to all
the rights of a permanent resident including the right to work, travel, attend
school, petition for qualifying family members, etc. MARRIAGE PETITION (For
Beneficiary Outside of the United States)
The I-130 petition is filed by a US citizen or lawful permanent resident
to establish the relationship of certain alien relatives who may wish to live
permanently in the United States. If
you are a citizen, you may file this form for your husband, wife, or unmarried
child under 21 years old; an unmarried child over 21; a married child of any
age; a brother or sister if you are at least 21 years old; or your parent if you
are at least 21 years old. If you
are a lawful permanent resident you may file this form for your husband or wife;
or your unmarried child (any age). Note: It
must be remembered that the Immigration Service is very suspicious of marriage
cases, especially where the marriage is relatively recent.
Therefore, you must be prepared to provide substantial documentation
concerning the bona-fides of the marriage at the time of the interview. Please read the instructions, attached to the petition, carefully to determine who can file the petition and what documents will be needed to establish the family relationship, and to establish US citizenship or lawful permanent residence status. The completed petition, together with filing fee, and supporting documentation should be mailed to the immigration service center in the United States that has jurisdiction over the petitioner’s place of residence. A complete list of service centers is included on the web site. Note: Whenever you mail any forms or documents to the immigration service, you should always do so by certified mail-return receipt requested, or by some form of express mail for which you can obtain proof of receipt. This is very important in the event immigration loses your application. In that event you can submit your proof of receipt, with evidence of payment, and you can reestablish your old priority date. On the I-130 form, the petitioner is the US citizen, or in some cases the US lawful permanent resident alien who is seeking to bring his or her relative to the United States. The beneficiary is the non-resident alien relative of the petitioner who is seeking entry as a permanent resident to the United States. The I-130 petition is used to file for a spouse, parent, a minor child, an adult son or daughter, or a brother or sister. Note: The biographic information forms (G-325A) are only used if it is a spousal petition. In that case, one form is completed for the husband, and one form for the wife. A residency type photo is attached to the biographic form of the applicable spouse, and the forms are sent together with the I-130 petition. Please remember that if there are any accompanying family members, (ex. unmarried child under the age of 21), a separate I-130 must be filed for each alien relative. Once the petition is approved by the immigration service center, it is sent to the National Visa Center (NVC). The NVC will then send a form entitled Choice of Address and Agent for Immigrant Visa Applicants (DS-3032) to the principal beneficiary of the immigrant visa petition, at the same time that the I-864 (Affidavit of Support) is sent to the petitioner. The DS-3032 will allow the beneficiary to designate an address and agent (typically a relative or attorney based in the U.S.) to which the NVC should direct future communications. Once this form is returned to the NVC, packet 3 (Application for Immigrant Visa and Alien Registration—Part I) will be sent to the designated person. Packet 3 is completed and then sent to the consulate where the beneficiary will apply for an immigrant (permanent resident) visa. At that time, packet 4 (Application for Immigrant Visa and Alien Registration—Part II) is completed by the beneficiary and presented at the time of the final consular appointment. A separate package of each of the above documents must also be sent for each accompanying family member. You must also submit the appropriate filing fees for each applicant at the time of the consular interview. Following the consular interview, an immigrant visa package will be given to each applicant. They then have up to six (6) months to enter the United States with their immigrant visas. Note: The accompanying family members may not enter the United States prior to the principal applicant. At the time of entry to the US a temporary resident stamp will be placed in the applicant’s passport (and family members if any), which will constitute evidence of permanent residence status and work authorization until the alien card arrives in the mail. It usually takes 3-6 months to receive the alien card, but during this period the person is entitled to all the rights of a permanent resident including the right to work, travel, attend school, petition for qualifying family members, etc.
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