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How to prepare Form I-130

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About Form I-130

The faster the visa becomes available, the better your odds of receiving a VISA in less than a year. Applying for a Green Card The fastest way to obtain a U.S. passport and obtain a U.S. Green Card is to apply at a U.S. Embassy or Consulate abroad. If you have never been a U.S. citizen and would like to apply for a VISA as an I-129 Immigrant Applicant/Non Immigrant Applicant (“I-129 Affidavit”, Form I-129-M), you should begin by looking at the instructions for the I-129 Affidavit section of the I-129 Information and Timeline for Green Card Applications (PDF, 922 KB). You should also refer to Appendix A. You may also want to review the instructions for the I-129 Information & Timeline for Green Card Applications (PDF, 1.8 MB) and the Instructions for I-129 (PDF, 438 KB). The State Department will not issue you a passport until you have filed Form DS-260, Application for U.S. Passport; Application for Alien's Departure and Adjustment of Status; and Form DS-260, Application for Alien's Departure Adjustment of Status. The State Department will issue a nonimmigrant visa (I-601A) to an applicant who has a passport or travel document from outside the United States in your passport, if you have filed all the required forms correctly and that applicant provides a valid U.S. address. You may also apply for multiple visas if you want to relocate as a family member, and are applying for one I-130 or I-601A visa for your spouse as well as for yourself. Important: If you currently reside in the United States (other than for a limited period of time), your current address on U.S. immigration records is to be used as the address to which applications are posted. As noted in the instructions for “Application for an Arrival Certificate (green card)”, you must provide the U.S. mailing address that you provided to Homeland Security as the address at which you will report to the United States. As outlined in the Instructions for “Application for an Arrival Certificate (green card)”, you must submit the following to receive an Arrival Certificate (green card): Form DS-543 — I-129 Affidavit and Petition (PDF, 2.

What Is Form I 130?

A form I-130 is a document that helps relatives of a citizen or a permanent resident of the U.S. immigrate to the United States. The form is intended for establishing relationship of a person to his/her immigrating relatives. The form is called a Petition for an Alien Relative. Only eligible alien relatives have the right to apply for permanent residence in the U.S.

Prior to preparing a form aliens have to pay the correct filing fee. After fee is paid, start to fill out a form. It is vital to file a separate application form for each alien relative.

On our site you can find up-to-date blank I-130 form sample that can be easily prepared online or downloaded on a computer.

In order to prepare a document properly, a person has to follow strictly the specified instructions. An applicant has to fill out a blank form correctly and include all required information.

The form is divided into several parts. In order to be accepted and processed, you have to fill in all mandatory fields in a document. Otherwise a document will be rejected.

When preparing a form, a petitioner is required to prinformation regarding relationship and prhis/her personal details. It is also required to prpersonal relative`s details as well as details about a place where he/she is going to live in the U.S. and his/her address abroad.

After all requested data is inserted, check if it is complete and true and submit to a recipient. Further a document will be considered and verified by the USCIS officer. It is vital to sign a form, otherwise it will be returned by USCIS for correction.

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Filling out taxation or legitimate templates may be really difficult for most people. Still, you will find no reasons for worries. To complete your Form I-130 without having mistakes, drive your situations away, and give consideration only to your paperwork. Write info in the necessary parts slowly and accurately. Double-check your computations or ask your accountant to do that for you. If time allows, put the procedure on hold and re-check your template the other day with a fresh look.

Video instructions and help with filling out and completing Form I-130

Instructions and Help about Form I-130

Music welcome to learn about law my name is Kevin O'Flaherty from O'Flaherty law today we're going to talk about immigration form i-130 it's also known as the petition for an alien relative and what it is a supporting document for a family-based visa or green card it's a prerequisite to a family business or green card it's not the green card or visa petition itself but an underlying fundamental document that has to be filed before the green card petition will be considered form i-130 basically is a petition by a current citizen or permanent resident of the United States to sponsor the green card petition of a family member that they want to help the immigrant the United States establishes the familiar relationship and the intention to assist that person immigrating to the United States so first let's talk about some changes to the form itself that have happened in the past year, and then we'll talk about the process for filing the form and getting it approved so first effective April 20th 2023 we have a new form i-130 has been propounded by the office of US Citizenship and Immigration Services it's got some additional questions regarding the petitioner that need to be answered things like their employment history current and prior spouses and physical identifying info such as ethnicity eye color hair color heightened weight just to be clear here bears repeating the petitioners the person within the United States the citizen or permanent resident that's helping the beneficiary the person who's trying to immigrate to the United States their relative so when I say petitioner that's the person who's actually in the U.S. already the beneficiary is the person who's trying to immigrate to the US, so this new information requested is concerning the petitioner...

Common Mistakes

Providing incorrect or false information on your application
Forgetting to sign and date your application
Not meeting the eligibility requirements for the benefit you are seeking
Submitting outdated government forms
Failing to submit your application on time

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FAQ - Form I-130

The purpose of Form I-130 is to provide for the entry of any applicable information. You can fill out this form only if the information you provide has the proper documentation. See our instructions on completing Form I-130 for information on the types of documentation that are required. Do I need to provide any documents to get into the U.S.? You are not required to fill out a Form I-130 if you are entering the U.S. with the intent of performing an economic activity without the purpose of entering the U.S. For example, you are entering the United States as an employee of a non-U.S. employer or to perform services under a contract or arrangement with the U.S. government. While in the U.S. you are also entering your income tax information. Can I change the purpose of my travel? Yes. You may adjust your purpose for travel until April 1st each year. Who should I contact if I have questions about traveling to the U.S.? If you have questions about traveling to the U.S. you can contact the Office of Foreign Assets Control (OFAC): The U.S. Department of Homeland Security (DHS) Bureau of Consular Affairs C-13th Floor 601 I Street NW Washington, DC 20229 Other offices For your convenience, you can use the U.S. Department of Commerce (UTC) to access the following programs: The OFAC Electronic System for Travel Authorization (ESTA) USCIS: Electronic System for Travel Authorization (ESTA) United States Customs and Border Protection (CBP) Customs and Border Protection (CBP) Office of International Affairs U.S. Department of State Office of the Spokesperson Department of State 2101 Vermont Ave NW, Room 1242 Washington, D.C. 20 Telephone: Email: travel The Office of Overseas Citizens Services (LOS) The Office of Overseas Citizens Services (LOS) also provides information to eligible nonimmigrants seeking to enter the U.S. on travel documents.
You must use your own documents to complete Form I-130. You do not need to have a spouse or dependent son or daughter as dependents on your most recently filed Form 1040 to use I-130 to replace lost, stolen or destroyed documents. Furthermore, you have the option to use Form I-130 alone or with your spouse or dependent child to replace lost, stolen or destroyed documents at the same time. Form I-130 must be mailed to the following address: Internal Revenue Service Census Information Services P.O. Box 97900 Kansas City, MO 64 Do I have to take or provide a polygraph test? Yes. You must take and pass a polygraph test. Learn more about taking and passing a polygraph test. I lost my Social Security card, but I didn't get a notice before my annual filing deadline. Is this an issue? If you are an individual, you will receive a notice before the annual filing deadline. If you are not an individual, but you receive a notice, you will need to file a Form 1040X by the deadline. You are a dependent in the filing status of a U.S. citizen when you receive a notice, and you are not filing an individual return. You must file a U.S. Form 8860, Form 8870, or Form 8880, if required, by the latest due date before the annual filing deadline to be considered a dependent. If you are not a dependent, and you received a notice, you will need to contact the IRS first to avoid any penalties for late filing. For more information, visit or You will receive a Notice of Federal Tax Lien in the mail that gives you 30 days to pay the amount, or in some cases, the total amount, that is alleged to be due by the deadline. This Notice of Federal Tax Lien describes your obligations under the amount alleged to be due. Read More. Am I allowed to file an amended Form 1040 after a change in my address or name? Yes. If you need an amended Form 1040, Form 1040X, or Form 1040NR, you should file it no later than one year after the last filing of your most recent return. For more information, visit or
If the alien's primary employer(s) is located outside the United States, or in a country which has been designated by the United Nations Human Rights Committee as a country of “genuine concern.” The alien needs to file Form I-130 for the tax year if the amount described in paragraph (f) of this section (3,500 or 4,000 (1,250 for a Tier 3 employer and 350 for a Tier 4 employer) and EI benefits do not exceed the limit as described in paragraph (f) of this section). (g) Exception—Employee eligibility for benefits under the regular benefit plan (1) In general. If the alien qualifies for benefits in the regular benefit plan of the employer through any of the following factors, the alien does not need to file a Form I-130 for any year— (i) The alien has a qualifying illness that limits or prevents the alien from meeting the full time work requirement imposed by the employer for the year; and (ii) The alien's primary income source is non-cash income or taxable benefits to his or her spouse (other than any pension or annuity provided to the alien by a trust to which the alien, the spouse, or the child of the alien is a beneficiary) received from a source described in this paragraph if the benefits meet the requirements for the benefit plan of that foreign country or the international organization which oversees that country. This paragraph (g) also applies to the alien's spouse (other than the spouse of the alien who has a qualifying illness, see paragraph (h) of this section). (2) Example. The following facts are illustrative only. An alien of Korean descent works as an employee of a Canadian firm. The alien's primary employer is located in Canada. Due to the Alien's qualifying illness, the alien is required to work no more than 80 hours per week for the year.
Form I-130s are generally available through our office. The process differs when the form is filed as an application with the USCIS. See What are the filing requirements for Form I-130 (Form I-765)? How do I renew my I-130? Before renewing your I-130, the USCIS advises you on the filing requirements and provides you with the required forms and supporting information for the renewal. See What are the filing requirements for Form I-130 (Form I-765)? If the I-130 you want to renew is an application form, you need to check the appropriate box on Form I-130, as shown on the back of the form, depending on your period of filing. If your period of filing is before the current filing, you cannot submit the I-130 on a renewal application. How do I obtain a copy of my document? When you file your Form I-130, the USCIS provides you (the applicant) with a copy of the original document. You are not given a hard copy of your document. Instead, you may request a copy by completing a Request for Copy, and the agency gives you information about requesting a copy. If you do not provide the required information, the agency advises you how you can complete this request. See The USCIS provides a hard copy of I-130 forms. In my case, I am married, and I must renew my Form I-130 every year and, therefore, do not want to renew it on a yearly basis. Could I renew it? No. After filing Form I-130, you must renew each time you plan to file another application for the same immigrant visa. When you get your new immigrant visa, the old form of the visa has to be surrendered to the USCIS in your case file to obtain your new immigrant visa. See Renewing Form I-130 before filing another application. May I file an I-130 extension application, or may I file a new Form I-130 application? Form I-130 and all related applications for permanent residence are processed the same way, regardless of which form is filed: For Form I-130, you may file two separate applications on the same paper Form I-130. For Form I-765, you may have more than one application on paper Form I-765.
When you send your I-130 to the U.S. Citizenship & Immigration Services (USCIS) or CBP as part of your asylum application, you need to follow the instructions on the envelope. The envelope will list all the things that need to be included. If you have any questions about these directions, please speak to the person or office that received your I-130. Will my Form I-130 be rejected if I have never received an in-state undergraduate degree (e.g. from a university not located in California)? Yes. As stated, if you do not receive an in-state undergraduate degree before being granted asylum, your I-130 application would be rejected. Your application will be returned to you along with a letter stating your request for the visa waiver. Do I need to attend a course if I am seeking to have my Form I-130 approved? Yes. You are required to attend the academic session (fall or spring) in which you will be applying (see the USCIS website). If my I-130 application requests a stay of removal, will I be granted parole during that stay of removal? There are some situations where you may be eligible for parole during the suspension period or during a future stay in the United States. In general, if your application shows that a stay of removal that is more than one year in length would have a negative impact on your ability to return to a U.S. citizen status, or if you have evidence that a pending application for asylum would likely be denied within three years of your current asylum request, you may be eligible for parole during that stay of removal. Please check the USCIS website for the most up-to-date information. If I am applying for U.S. citizenship, will USCIS send information from my Form I-130 to the USCIS/CBP? Yes. USCIS will send documents to the CBP by the regular mail method, including the Form I-130, your Affidavit of Support letter (see above), your copy of the U.S. Income Tax Return that includes your Form I-130, and the copy of your Form I-97 that has the most recent information reported. USCIS will also send you a copy of the Electronic I-140, “Statement of Economic Interest and Registration Application”, filed with the U.S.
You must mail or deliver your Form I-130 by mail to the following mailing address: Department of State Foreign Operations Sub-Committee Washington, DC 20.
To attach your tax return and supporting documentation, complete and file Form I-130: Application for Alien Relative in the United States. You should also file one copy of your passport-type photo I-94W with your I-130. If you plan to work abroad, the passport must show you are physically present in the United States. Do I need to submit any other documents? Yes. You must provide the following documents to support the claim: your Form I-130/I-864 (if the person you are traveling is a U.S. alien and is applying for a conditional permanent resident status and will be present in the United States on the date of approval of Form I-130(f)), and your Form I-131 (if the alien claiming you is accompanying them while they are living in the United States is seeking U.S. residency and will be present in the United States on the date of approval of Form I-130(f)), and Your Form I-797, Application for Approval of a Nonimmigrant Worker Visa. If the alien in question will not be physically present in the United States, you must also provide their home passport. Does filing an I-130 application for a conditional permanent residency status violate U.S. immigration laws? No. Under U.S. immigration law, you generally cannot apply for a visa or admission to the United States unless you are legally in the United States, even if the visa or admission is conditional (that is, it will be revoked unless you do one or more of the following). A conditional temporary resident must have the conditional status for at least 3 months (up to one year) and must have left the United States in good standing to be eligible for a visa (or entry into the United States) at the end of the conditional period. You can only lose the conditional status by leaving the United States or by being convicted in a criminal proceeding related to your conditional temporary resident status. If you are under age 25, a conditional permanent resident must have left the United States in good standing for more than 6 months, unless your parents or other legal guardian are legal U.S. residents or your conditional residence will expire within 5 or 6 years. A conditional resident is considered an approved immigrant or nonimmigrant in the United States with a nonimmigrant work visa (I-714).
The forms we will discuss in this FAQ are a standard, non-provisional Form I-130. Form I-130 may be used to file a claim on your behalf by a foreign employer or agent you owe taxes to (the IRS). It is sometimes called a Form U.S. Employer's Tax Form. It includes sections 1037 and 1040, and a line for indicating other income taxes that may be owed, to be paid by the employer, or by the employer's agent. The Form I-130 is not a claim for a refund by the taxpayer. You must make a claim for refund with the IRS on Form 8283. In order to be an “eligible employer,” the employee must meet one of the following requirements: The employee is an alien who is lawfully admitted for permanent residence, The employee is a nonresident alien (and was so admitted for a limited number of months), The employee is a United States citizen who is a bona fide resident alien and who had a physical presence in the United States for at least 183 days; The employer is not subject to United States income tax. The employer may file under either the I-129 filing program (under which Form I-130 is filed) or the I-864 program (under which only Form I-864 is filed). The employer and employee must agree in writing that the Form I-130 is used for filing the claim. For more detailed information, see the Form I-130 section of the FAQs. The individual forms listed below are only available if you are filing Form I-130: Form I-485: Nonresident alien worker Form I-959: Social security card employer Form I-960: Form 990-EZ (Annual Return of Tax on Self-Employed Income and Compensation) employer Form 940-X: Employer Identification Number (e.g., S-1, self-employed individual, etc.); Form 1099-R: Report of Employment Income or Loss; Form 1099-MISC: Form 1099-MISC for Employees (e.g.
Each year, many millions of people come to use or renew their I-130 as the I-130 can be used to get an immigration benefit, such as a green card, temporary work permit, or temporary resident status. The average I-130 recipient is 38 years old and resides in the United States for 25 years. How do I submit my Form I-130 for filing? Form I-130 is available from various offices, you can visit the Website of USCIS for more information. Or call 1.800.967.4965 toll-free. What types of information are needed to complete my Form I-130? Please fill out and submit Form I-130. There are two types of information you must provide, in order for us to process your I-130: I-129B (Permanent Residence Card) I-130F (Immigration Benefit) Where and how do I file my application for I-130? You may use the online I-130 application. We offer this application to all U.S. citizens and permanent residents. Those who hold work authorization under the I-1327(b) or I-1327A work permit category may also use the Online I-130 application. For more information on the Online I-130 application, go to the USCIS Website. How long does it take to file my Form I-130? We will begin processing Form I-130 within 10 business days of receipt of your I-130. Depending on the type of I-130 application, we may process your application within five to 10 business days after receipt. To ensure your Form I-130 is processed as soon as possible, please include your I-130 approval letter in your application. How do I verify whether I-129A (Permanent Residence Card) is the same as I-129B for my employment history or family relationship? In general, you must verify that your I-129A is the same as your I-129B if you are applying for an employment authorization document (EAD) and you wish to report your employment as green (immigrant employment authorization). If you do not know whether your I-129A is the same as your I-129B, you must check to make sure before submitting your I-130F form for your immigration benefit.
For non-employees, the filing deadline for I-130 is 30 days after Form I-130 is filed with the U.S. Citizenship and Immigration Services (USCIS). If you are an employee, the filing deadline is 90 days after you have a Form I-130 filed with the USCIS. Please note that even though Form I-130 is filed with the USCIS as well as your employer (i.e., the Form I-130 form filed with the IRS is also processed, processed, and paid as a USCIS Form I-130), there is still an expiration date of 180 days for the I-130 (as a non-employee). If you are a current employee, the Form I-130 (or Form I-485), or your original Form I-140, cannot expire (unless you are an OPM-1 or OPM-2 employee). For example, employees who leave the U.S. are exempt from I-130 filing requirements. For employees who wish to leave the U.S., the 180 days may be extended, and they may then start filing the Form I-9 and I-129. The Form I-130 for Non-Employees. Is a Form I-130 the same thing as a Form I-649 or I-968? No. A Form I-130 is a petition to change citizenship. The Form I-797 is the petition to change the employer's status from active or exempt to inactive or non-exempt under the H-1B or H-1B2 or O- visa programs. For more information about filing Form I-130, refer to the Instructions for Form I-130 and the Instructions for the Petition for Nonimmigrant Worker. How long does Form I-130 take? Form I-130 takes at least three weeks for submission, and can take more than one year to reach your state's DMV. It takes approximately 45 days after the date the Form I-130 first reaches the USCIS for the form to be processed. What does Form I-130 consist of? How long does the Form I-130 take to review and approve? The Form I-130 contains all the information about the employee's intent to change nationality. It consists of a statement, one page in length, identifying the employee's intention to change nationality.
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