It’s important to know that there are exceptions to some of the above exclusions and that you may be able to file an I-130 petition with additional supporting documentation in those situations.īoundless can match you with the best visa for your unique situation.

Any relative, if USCIS has determined that this person married, or attempted to marry, purely for immigration purposes.

A spouse, if you married your spouse while he or she was part of any immigration court proceedings (a hearing in an immigration court for someone facing deportation, or, more formally, “removal”).

citizen or have been a green card holder for at least five years citizen or green card holder - unless you are now a naturalized U.S.

A spouse, if you became a green card holder through a prior marriage to a U.S.

A spouse, if you and your spouse were not both physically present at the marriage ceremony.

A stepparent or stepchild, if the marriage that created the step relationship happened after the child turned 18 years old.A biological parent, if you became a green card holder or obtained U.S.An adoptive parent or adopted child, if the child was adopted after he or she turned 16 years old.A grandparent, grandchild, nephew, niece, uncle, aunt, cousin, or parent-in-law.You cannot file an I-130 in order to sponsor any of the following relatives: There are some eligibility exclusions that prevent the filing of an I-130 petition, even when the above family relationships exist. citizen or green card holder who files the I-130 petition is officially called the “petitioner” or “sponsor.” The person seeking a green card is officially known as the “beneficiary.” Current green card holders can file I-130 petitions for their spouses and unmarried children. citizens can file I-130 petitions for their spouses, children, parents, and siblings. Check out the Visa Bulletin to learn more about the current wait times for specific green card categories. Typically, petitions are processed in the order they are filed. citizen (who gets to skip the line entirely), your place in line is determined by your “ priority date,” which is simply the date that USCIS received your I-130 petition. Unless you’re the spouse, parent, or unmarried child (under age 21) of a U.S.

This is also the phase of the marriage-based green card process in which you submit documents (for example, joint bank account statements, joint insurance documents, and photos together) to prove that your marriage is “authentic” - that is, it isn’t based on fraud.įiling the I-130 petition also establishes your place in line for an available green card. In the context of a marriage visa or spousal visa, the I-130 petition is filed to prove that your marriage is legally valid (based on a marriage certificate). Department of Homeland Security (DHS), is the first step in the family-based green card process. Citizenship and Immigration Services (USCIS), which is part of the U.S. This form is often simply referred to as the “I-130 petition.”įiling the I-130 petition with U.S. citizen or green card holder and a person seeking a green card. Form I-130 (officially called the “Petition for Alien Relative”) establishes that a valid family relationship exists between a U.S.

Petition filed documents