How Can I Petition a Family Member in AZ? Form I-130 Explained

An I-130 petition will also be a request by a petitioner to reserve an immigrant visa for their family member. Depending on the kind of relationship your family member has with you, the process may reach a resolution in only a few months, or it could take several years.

 

Form I-130 Processing Times

The amount of time to process a Form I-130 depends on the category of your form and the service center that is handling the form. When it comes to permanent residents filing for spouses or children under 21 years of age, the United States Citizenship and Immigration Services (USCIS) reports the following processing times:

 

• California Service Center — 25.5 months
• Nebraska Service Center — 10.5 months
• Potomac Service Center — 29 months
• Texas Service Center — 20 months
• Vermont Service Center — 30 months

 

For United States citizens filing for spouses, parents, or children under 21 years of age, USCIS reports the following processing times:

 

• California Service Center — 10.5 months
• Nebraska Service Center — 10.5 months
• Potomac Service Center — 12 months
• Texas Service Center — 11.5 months
• Vermont Service Center — 16 months

 

For United States citizens filing for unmarried sons or daughters who are 21 years of age or older, USCIS reports the following processing times:

 

• California Service Center — 69 months
• Nebraska Service Center — 8 months
• Potomac Service Center — 29 months
• Texas Service Center — 32 months
• Vermont Service Center — 59.5 months

 

For permanent residents filing for unmarried sons or daughters who are 21 years of age or older, USCIS reports the following processing times:

 

• California Service Center — 64.5 months
• Nebraska Service Center — 52.5 months
• Potomac Service Center — 29 months
• Texas Service Center — 32 months
• Vermont Service Center — 55.5 months

 

For United States citizens filing for married sons or daughters, USCIS reports the following processing times:

 

• California Service Center — 117 months
• Nebraska Service Center — 104 months
• Potomac Service Center — 29 months
• Texas Service Center — 32 months
• Vermont Service Center — 59.5 months

 

For United States citizens filing for brothers or sisters, USCIS reports the following processing times:

 

• California Service Center — 140.5 months
• Nebraska Service Center — 124.5 months
• Potomac Service Center — 29 months
• Texas Service Center — 32 months
• Vermont Service Center — 99 months

 

Form I-130 Eligibility

When you are a United States citizen, you have to file a separate Form I-130 for each eligible relative. You can file Form I-130 for a spouse, unmarried children under 21 years of age, married sons or daughters who are of any age, unmarried sons or daughters who are 21 years of age or older, brothers or sisters when you are 21 years of age or older, and your mother or father when you are 21 years of age or older.

 

If you are an LPR in the United States, you have to file a separate Form I-130 for each eligible relative. You are able to file a Form I-130 for a spouse, an unmarried child under 21 years of age, and an unmarried son or daughter who is 21 years of age or older.

 

If you are filing for your spouse, they have to complete and sign Form I-130A, Supplemental Information for Spouse Beneficiary. If your spouse is overseas, Form I-130A still has to be completed, but your spouse does not have to sign Form I-130A, and you will submit Form I-130A with Form I-130.

 

No visa category exists for married children of LPRs. If you are an LPR and you file Form I-130 for an unmarried son or daughter, but they marry before immigrating to the United States or adjusting status to LPR, USCIS will deny or automatically revoke the petition.

 

Non-citizen United States nationals have the same rights as LPRs to petition for family members. If you are a United States national born in American Samoa or Swains Island, you should indicate on the petition that you are an LPR, and you will not need to list

an Alien Registration Number (A-Number) on the petition.

 

You cannot file a Form I-130 for a person in any of the following categories:

 

• An adoptive parent or adopted child when the adoption took place after a child turns 16 years of age, or if a child has not been in the legal custody and has not lived with the parents for a minimum of two years before filing the petition

 

• A natural parent, if you gained LPR status or the United States citizenship through adoption or as a special immigrant juvenile

 

• A stepparent or stepchild when a marriage that created the relationship took place after a child turned 18 years of age

 

• A spouse when you and your spouse were not both physically present at the marriage ceremony unless the marriage was consummated

 

• A spouse, if you gained LPR status through a prior marriage to a United States citizen or LPR, unless you are now a naturalized United States citizen, you have been an LPR for a minimum of five years, you are able to establish by clear and convincing evidence that you did not enter the previous marriage through which you gained LPR status in order to evade any United States immigration law, or your prior marriage you gained your immigrant status through was terminated by the death of a former spouse

 

• A spouse, when you married the spouse while they were the subject of exclusion, deportation, removal, or rescission proceeding regarding their right to gain admission into or remain in the United States, or while a decision in any proceeding was before any court on judicial review. However, you could be eligible for the bona fide marriage exemption under Immigration and Nationality Act (INA) § 245(e)(3) if you request a bona fide marriage exemption in writing and prove through clear and convincing evidence that your marriage is legally valid where it took place and you married in good faith and not for the purpose of obtaining LPR status for your spouse and no fee or any other consideration (other than attorney fees) was given to you for your filing of the petition. The request has to be submitted with Form I-130, or your spouse has lived outside the United States, following the marriage, for a period of at least two years

 

• Any person, if USCIS determines that they entered into or attempted or conspired to enter into a marriage in order to evade United States immigration laws

 

• A grandparent, grandchild, nephew, niece, uncle, aunt, cousin, or parent-in-law

 

Form I-130 Application Process

An I-130 petition has to be filed with supporting documents proving that a sponsor is allowed to file an I-130 and they have a valid family relationship with the person seeking a green card. Evidence of United States citizenship, LPR status, or United States national status includes a copy of your birth certificate that is issued by a civil registrar, vital statistics office, or another kind of civil authority demonstrating you were born in the United States, a copy of a naturalization or citizenship certificate issued by either USCIS or the former Immigration and Naturalization Service (INS), Consular Report of Birth Abroad (CRBA), a copy of Form FS-240, issued by a United States Embassy or United States Consulate, a copy of your unexpired United States passport, an original statement from a United States consular officer verifying you are a United States citizen who has a valid passport, or a copy of both the front and back of a Permanent Resident Card, Green Card or Forms I-551.

Evidence of family relationships includes copies of marriage certificates or evidence you or your spouse terminated prior marriages for spouses, a copy of a child’s birth certificate for children, a copy of your own birth certificate for parents, and copies of birth certificates for you and your sibling for brothers and sisters. Bona fides of marriage evidence, when you are petitioning for a spouse, include documentation that shows joint ownership of property, a lease that shows joint tenancy of a common residence, documentation that shows you and your spouse have combined financial resources, birth certificates of any children born to you and your spouse together, any affidavits sworn to or affirmed by third parties who have personal knowledge of the bona fides of a marital relationship with each affidavit containing the full name and address of a person making an affidavit; the date and place of birth of the person who is making the affidavit; and complete information and details which explain how the person acquired knowledge of your marriage; as well as any other relevant documentation establishing that there is an ongoing marital union.

You could also have to provide proof of a legal name change when applicable and two passport-style photographs. When you are filing a Form I-130 for an adopted child, you will need to supply evidence of United States citizenship, such as a copy of your birth certificate that is issued by a civil registrar, vital statistics office, or some other civil authority showing you were born in the United States, a copy of your naturalization citizenship certificate issued by USCIS or the former Immigration and Naturalization Service (INS), a copy of Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a United States Embassy or United States Consulate, a copy of your unexpired United States passport, or an original statement from a United States consular officer verifying that you are a United States citizen who has a valid passport as well as evidence of a family relationship, like a final adoption decree, evidence you have had legal custody of an adopted child for at least two years, and also evidence you have had a joint residence with an adopted child for two years.

You may file your Form I-130 either online or through the mail. When you file online, you have to create an online account with USCIS, and you can submit Form I-130 online even when your relative is already in the United States and plans to submit their Form I-485 by mail.

When you live in the United States, you must confirm which address you will send your petition. Depending on the state that you live in and whether or not your relative is filing Form I-485 as well, USCIS will require you to send your form to a certain lockbox, and the form will then be processed by one of the five USCIS service centers.

 

Call Us Today to Schedule a Free Consultation With Our Phoenix Family Immigration Attorneys

Are you trying to file a Form I-130 so your family member can get permanent residence in the United States or green card status? You will want to speak to Phoenix family immigration attorneys at Diamondback Legal about what legal assistance you may be able to receive that can help you resolve any issues you are dealing with and expedite the handling of your claim.

Our Phoenix family immigration attorneys know how confusing and frustrating the USCIS requirements can be for most people, so we work closely with all of our clients and walk them through every single requirement, so they are not left to handle anything on their own. Call (602) 755-3199 or contact us online to take advantage of a free consultation that will allow us to examine your case in greater detail and explore all of the options you might have.

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