Form I-130 – A Crucial Document For A Child Or Fiancé Visa

Form I-130, or Petition for Alien Relatives, is crucial to bring your family and live with them in the United States. Although it may take longer in some cases, completing this document is essential for their permanent residency. With the complexities of the process, it is important to seek the help of an immigration attorney.

Here, you will learn how these legal professionals help you navigate the aspects of the form. You will also dive into the intricacies of bringing your beloved child or future spouse to the United States.

Petition For Your Child Using Form I-130

Also known as Petition for Alien Relative, Form I-130 is the initial step in sponsoring your child to live in the United States. You may file this document to petition for your loved ones if you are a U.S. citizen or a permanent resident. Completing the form establishes your relationship with your beneficiary, who is a foreign national.

In the immigration process, your children’s age and marital status are crucial considerations. A “child” or “children” refers to unmarried individuals under 21. Meanwhile, a “son” or “daughter” pertains to someone married or aged 21 years or older. With this, you must note the following criteria.

You can apply for your unmarried child as a U.S. citizen or permanent resident. However, only U.S. citizens can petition for married sons and daughters and their children.

With these points, you must supply your eligibility with the necessary documents. These papers will support your claim as a family member.

Submit Necessary Documents

Before filling out Form I-130, it is vital to ensure that you have the necessary documents. If you are a U.S. citizen, the requirement comprises valid proof of your U.S. citizenship, such as a birth certificate.

However, as a permanent resident, you must demonstrate your status by submitting a copy of your Green Card. You must also show a copy of your passport with a stamp that shows proof of your permanent residency. Additionally, evidence of your relationship is also required for this petition.

Proof Of Relationship

Important documents also include proof of your relationship with your child. However, various situations arise in this petition. For instance, there is a case of the biological mother and the gestational one. The former refers to the parent by blood, while the latter pertains to the ones carrying the embryo of a child and giving birth on behalf of another couple.

Genetic Or Gestational Mother & Step-Parent

Whether a genetic mother or a gestational one, you must submit your child’s birth certificate from the civil authorities. However, if you are a step-parent, you’ll need several documents. These include the following copies:

• Civil marriage certificate about the genetic or legal gestational parent of your step-child.
• Birth certificate of your step-child issued by civil authorities.
• Evidence of the legal termination of all previous marriages for both yourself and the genetic parent or legal gestational mother. This may involve presenting divorce decrees, death certificates, or annulment decrees.

Whether you are a genetic mother or not, you must demonstrate a familial relationship with your beneficiary. The same goes with the adoptive parents. 

Adoptive Parents

If you are an adoptive parent, you also need to provide proof of your relationship with your child. These include:

• A copy of the child’s original birth certificate.
• Evidence of the final adoption decree affirming the legal adoption of the child.
• Documentation proving that you held two years of legal custody, which a court granted before the final adoption decree.
• Evidence confirming two years of physical custody, demonstrating the period during which the child resided with you and you exercised primary parental control.

Navigating the intricate eligibility criteria for child petitions can be challenging. Seeking the assistance of an immigration lawyer ensures that you submit the required documents accurately. With their guidance, you can confidently progress to the next step of the process.

Immigration lawyers are invaluable for reuniting with your child in the United States and bringing your fiancé to the country. Although the process may differ, their skills remain crucial for both scenarios.

Navigating Fiancé Visa

As a U.S. citizen seeking to bring your foreign fiancé to the United States for marriage, the initial step involves filing Form I-129F. It is also called the Petition For Alien Fiancé(e). This petition initiates obtaining a K-1 nonimmigrant or Fiancé(e) Visa.

To qualify for the K-1 Visa, you and your fiancé(e) must genuinely intend to marry within 90 days after entering the United States. The marriage should be authentic, reflecting a sincere commitment to building a life together rather than being solely for immigration purposes. Your future spouse can apply for lawful permanent resident status upon marriage within the specified timeframe.

Both you and your fiancé(e) must have the legal capacity to marry, signifying that you are eligible for marriage in the United States. Any prior marriages must have been legally concluded through divorce, death, or annulment. Additionally, both of you must have had at least one in-person meeting within the two years preceding the submission of your petition.

Bring Your Fiancé To The United States

Bringing your fiancé(e) to the United States involves coordination between immigration authorities. These include the U.S. Citizenship and Immigration Services (USCIS), the U.S. Department of State (DOS), and U.S. Customs and Border Protection (CBP).

You and your future spouse may undergo background and security checks. This includes inquiries into national security, criminal history, and other relevant information conducted using fingerprints, names, or other biographic and biometric data. With this, it will be a big help if you know the step-by-step process.

Step 1: Petition For Your Future Spouse

To initiate the process, complete and submit Form I-129F, Petition for Alien Fiancé(e), to acknowledge your relationship with your fiancé(e). USCIS conducts a thorough review of the submitted Form I-129F and accompanying documents, issuing a request for additional evidence if deemed necessary.

USCIS approves Form I-129F upon confirming eligibility, formally recognizing the fiancé(e) relationship. Conversely, denial prompts notification of the reasons. The approved Form I-129F is then forwarded to the DOS National Visa Center (NVC).

Step 2: Visa Application

Following USCIS approval, the NVC facilitates the transfer of Form I-129F to the U.S. Embassy or consulate. Subsequently, you receive notification detailing the scheduled Visa interview for your future spouse. Then, they can apply for the K-1 nonimmigrant Visa, presenting the necessary forms and documents during the interview.

The DOS consular officer evaluates your fiancé(e)’s eligibility for the K-1 nonimmigrant Visa. If granted, it remains valid for a single entry spanning up to six months. Failure to establish a bona fide relationship leads to the DOS withholding the K-1 nonimmigrant Visa and returning Form I-129F to USCIS. In such cases, the option to file a new Form I-129F is available.

Step 3: Inspection At A Port Entry

With a K-1 Visa, your fiancé(e) can travel to the United States and enter a specified port during the Visa’s validity. However, the decision to grant admission lies entirely on the Customs and Border Protection (CBP) officer stationed at the port of entry. This emphasizes that possessing a valid Visa does not guarantee entry.

Step 4: Marriage & Adjustment Of Status

Upon admission as a K-1 nonimmigrant, you and your fiancé(e) must marry within 90 days. Following marriage, your spouse can apply for a Green Card using Form I-485, the Application to Register Permanent Residence or Adjust Status.

The USCIS reviews the submitted Form I-485 and supporting documents. Take note that they may request additional evidence if necessary. An obligatory interview will be scheduled for you and your spouse.

If your marriage is less than two years from when Form I-485 is approved, your spouse receives conditional permanent resident status. It comes along with a Green Card valid for two years. To remove these conditions, filing Form I-751 is necessary within 90 days before the Green Card expires.

Navigating the Visa application process alone is possible, but employing an immigration lawyer is advantageous. Their deep knowledge and skills in constantly evolving immigration laws minimize errors.

Additionally, an immigration lawyer from Lincoln-Goldfinch Law streamlines the process, ensuring deadlines are met. In cases of complexity or challenges, they help address issues like criminal records or previous denials.

Summary

Bringing your fiancé or other family members to the United States involves filing Form I-129F or I-130, respectively. For child petitions, eligibility criteria, necessary documents, and proof of relationship are outlined, requiring meticulous submission. On the other hand, Fiancé Visa procedures involve USCIS approval, DOS coordination, and CBP inspection.

Immigration lawyers are crucial in navigating these complex processes, offering personalized guidance based on individual circumstances. A lawyer ensures accurate documentation, aiding in the challenging eligibility criteria. While self-navigation is possible, an immigration attorney streamlines the process, minimizes errors, and addresses complex issues. They enhance the likelihood of success in obtaining Visas and permanent residency.

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