From Puerto Rico to the United States: Form I-130 Petition for Foreign Relative

El Form I-130 or Petition for Alien Relative, It is the procedure that must be completed by a citizen who resides in the United States and dreams of having an identity card that allows him to reside peacefully in that North American country, but that also can use to reunite your family from Puerto Rico to the United States or from any other country.

It is necessary to take the process to US Citizenship and Immigration Services, which is one of the government agencies that make up the United States Department of Homeland Security also called in English: United States Citizenship and Immigration Services (USCIS).

When the Form I-30, this is incorporated into a waiting list where these cards are assigned according to the availability and decision of the US government, in granting an identity card. The exception applies when the spouse has an unmarried child under 21 years of age or a U.S. citizen relative.

These people are not placed on the waiting list, their turn will depend on the “priority date”, which is the date on which USCIS received the form, This is because requests are made in the order in which they are received.

What is Form I-130 in Spanish?

The primary purpose of the Form I-130, is to show that there is a family relationship true and valid, between the person applying for a green card and the sponsor.

Regarding the marriage visa, this form serves to certify that the marriage is legally valid. To complete the steps of the application to obtain a residence card through marriage, it is necessary submit supporting documentationThis could be, for example: joint social security documents, joint bank accounts and photos of the marriage, proving that the marriage is real.

How long does an I-130 petition take?

The processing time depends on the type of family relationship, which the beneficiary presented in the card application; in the USCIS office that processes said form.

You can consult the schedule where locate the deadlines for each procedure, which are done to obtain a residence card through marriage, in the following link: https://www.boundless.com/es-mx/recursos-de-inmigracion/cuanto-tiempo-toma-en-obtener-la-residencia-americana-por-matrimonio/.

What does the Form I-130 cost?

Los costs established by law, for this type of forms (I-130 Petition), It is $ 535 dollars.

If you want to know about the cost of all procedures, related to the residence card, it is necessary click here: https://www.boundless.com/es-mx/recursos-de-inmigracion/cuanto-cuesta-una-green-card/.

What next after the I-130 is approved?

Below we will detail the step by step after I-130 is approved.

Step 1: Receive Petitioner's Notice of Action 2 (NOA2)

When the Form or I-130 Petitionneighbourhood, USCIS It takes several months to send a letter called Action Notice 2, indicating your approval. It is necessary to keep this letter very well, as it will probably be needed later.

Meanwhile, the applicant can check the status of their I-130 Petition and if your online case status is "Approved" (but the NOA2 has not yet been received), he can communicate with the USCIS, through the phone number: 1-800-375-5283.

Step 2: The National Visa Center (NVC) receives the approved I-130 Form or Petition

Once approved the Form I-130neighbourhood, USCIS will send to NVC the same for preprocessing.

Then he NVC begins requesting fees, forms and documents from the petitioner and beneficiary.

Step 3: Receive the case number and welcome letter

When the NVC issues the case number, will send a welcome letter with instructions on the steps to be followed in the future.

Here, it is essential to ensure that the NVC, has at least one correct email address of applicant and spouse, since these will be the ones that will be used to send communications, both for email as well as by postal mail.

Step 4: Pay the immigrant visa fee and AOS (Adjustment of Status) fees

The application for a spouse visa requires payment of two fees; same as must be paid before scheduling an interview.

1. The immigrant visa fee: is paid for visa processing during the interview phase: each applicant pays this fee separately.
2. The support affidavit fee: paid for the processing of the support declaration form and supporting evidence (it is paid by only one or the applicant or his or her spouse; since it is for the beneficiary and the children).

Step 5: Fill out Form DS-260

Before scheduling the interview with the embassy or consulate, it is necessary to complete the Form DS-260 online (Immigrant Visa Application). This form is a bit long., as it requires answers to many questions that are related to personal and family information, previous trips to the United States, work and education, etc. Must be print confirmation page y take her to the interview.

Step 6: Complete Form I-864 “Affidavit of Support”

It is a legal document signed by the “sponsor” o applicant, where he assumes the financial responsibility of the beneficiary, that will arrive in the United States to prevent it from using the financial public aid.

Step 7: Conduct the visa interview at the local consulate or embassy

Having completed the DS-260 and the I-864neighbourhood, NVC or The consulate will send a letter to the beneficiary indicating the date, time and place of the interview.

Step 8: Receive the stamp in the passport

If the interview is successful, the authorities will tell the applicant that their visa has been approved and to wait for stamp the visa in the passport briefly. They will also inform you that you can choose between receive your passport by post or pick it up later.

Where to send Form I-130?

The place where the Form or Petition I-130, will depend on the applicant's place of residence and whether he or she only has to present the Form I-130.

Or if you should include the Form I-130 with an application for green card I-485 (Also known as: Concurrent presentation, Application for Registration of Permanent Residence or Adjustment of Status).

Instructions for filling out Form I-130

After downloading the free Form I-130 (which is only available in English), the following steps must be carefully followed:

1. The form can be printed and filled manually, but if the applicant wishes, they can do it directly from the computer.

El Form I-130, contains 12 pages which are divided into nine parts. Below is an explanation of how to fill out the form correctly. Form I-130 (with instructions in Spanish):

Part 1: Relationship (Part 1 Relationship)

At the beginning of Form I-130, the phrase appears “For USCIS Use Only”, which means that this space is for administrative use of USCISsystem. (Should be left blank).

Then there is the section: “To be completed by an attorney or accredited representative.” This means that this part can be filled out only by a lawyer If the applicant (citizen or resident), ask for the help of a professional (lawyer).

Below the notice “Start Here” (start here), the first block of questions begins that must be answered by the applicant. Or who requests the foreign relative.

Part 2: Information About You Petitioner.

Answer each question asked in this part with honesty and clearly.

Part 3: Biographical Information.             

Here it is requested additional applicant information.

Part 4: Information About Beneficiary

When the beneficiary is the person (foreign relative), which is being requested by the applicant.

Part 5: Other information (Other Information)

The questions in this section are related only with the applicant.

Part 6: Petitioner's Statement, Contact Information, Declaration, and Signature

All additional sheets must be signed and dated.

Part 7: Interpreter's Contact Information, Certification, and Signature

Answer whether the applicant used the services of an interpreter, specifying the second language he or she speaks in addition to English.

Part 8: Contact Information, Declaration, and Signature of the Person Preparing this Petition, if Other Than the Petitioner.

If you are using the services of an attorney, a non-profit organization, or any other accredited person to complete the Form I-130, must be fill out Part 8 of the document and place the date and signature.

Part 9: Additional Information

In this part, as its name indicates, you can include any other information that could not be placed in the previous questions.

Equally each additional sheet, must be dated and signed.

How do I know if my request was approved?

USCIS is authorized to request biometric information to any applicant, sponsor or petitioner.

After presenting the Form I-130, the applicant will receive the USCIS Form I-779, where you are informed if your request has been approved, rejected or if you need to provide more information.

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