I-130 Petition Questions and Answers

What is an I-130 Petition?

This is one of the ways that you can apply for a Green Card. It is family based.

Who can apply? Who counts as “Qualifying Relatives?”

You can apply if you have a Qualifying Relative: a spouse, parent, child, or sibling who is a U.S. Citizen or Legal Permanent Resident.

What counts as a “bona fide” marriage? What kinds of documents will I need to support my case?

USCIS is vigilant about fraudulent marriages or marriages undertaken only for the purpose of gaining a Green Card. You will need to be able to show a a life together: joint tax returns, cohabitation, photos together with family and friends, children, etc.

How long does the process take?

It takes 6-9 months for the application to be approved.

What can I do to prepare for the interview?

Be sure that you are nice and relaxed and that you and your relative are both clear and in agreement about all the information.

If it is approved, can I apply for a Green Card?

Yes. Indeed, this is its purpose. You can file the I-130 Petition along with the I-485 Application for Legal Permanent Residence (Green Card).

Can my relative apply for me if I came here illegally?

Yes. While this complicates the situation, there are ways to overcome this. You will need to apply for a waiver. We will discuss this in a later video.