I-130 Petition For Alien Parent: Fill & Download for Free

Getting your spouse a US visaAmerican citizens have two means of bringing their foreign husbands or wives to the US to live (if you are not yet married, please visit our section for fiancé(e) visas).You can "sponsor" your spouse's immigrant visa for entry to the United States. If you follow this process, your foreign spouse will complete the visa process completely outside the US, and then arrive in the US and obtain permanent residency status immediately. You will need to submit an immigrant Petition for Alien Relative, Form I-130. After USCIS, the National Visa Center and the US Embassy complete all the necessary administrative processing your spouse will be granted an immigrant visa. Your spouse will receive an IR1 or a CR1 visa.(Note: An IR-1 (IR stands for "Immediate Relative") visa allows your spouse to immigrate to the U.S. A CR1 Visa (CR stands for "Conditional Residency") will be given to you if your marriage is less than 2 years old. It is conditional for two years.You can obtain a K-3 visa. The K3 visa is a non-immigrant visa for the US. K3 visas are granted normally within a few months. You should use the K3 visa to start the process outside of the US, then travel to the US to complete the immigration process. Please note that in this case, the application must be made in the country where the marriage took place. If your marriage took place in the US, your spouse must apply for a K3 visa through the US Embassy in the country of his/her residence. Furthermore, and somewhat confusing – the applicant needs to have form I-129F (called "petition for alien fiancé(e)) also filed on his/her behalf. Since K-3 is a relatively new visa category, USCIS continues to be using the Form I-129F and it is still called a "petition for alien fiancé (e)" rather than a "petition for alien spouse". After the visa has been issued, the spouse can travel to the US.To obtain either visa, you must meet the following requirements:You must be legally married. Merely living together does not qualify a marriage for immigration Unmarried partners are ineligible to sponsor visas to the United Stated.In most cases you must have a residence in the US to apply. If you live outside the US, see the next section below.You must be 18 years old before you can sign the Affidavit of Support, which is a form that will be required later in the process.If you live outside the USIf you want to bring your foreign spouse to the US, but you are currently living outside the US, you must submit a visa petition (form I-130) to either your local US Citizenship and Immigration Services (USCIS) office or directly to the US Embassy where your foreign spouse resides. Please check first if the US Embassy accepts Immigrant Visa Petitions.Once the visa petition is approved, the foreign-born spouse will receive a packet from the National Visa Center (NVC), which is located in Portsmouth, New Hampshire. The packet informs your foreign spouse of the various documents which must be presented at the immigrant visa interview abroad (e.g., passport, police clearances, results of medical examinations, etc.). The packet includes certain documents requesting biographic data that must be completed, signed and forwarded to the U.S. Embassy or Consulate abroad. Usually, the foreign-born spouse is interviewed and granted an immigrant visa within three to six months.If you and your spouse are planning to remain outside the US indefinitely, it is not recommended that you apply for a Green Card. The Green Card could be cancelled at the Port of Entry to the US if you have spent more than six months outside of the US. The Immigration Officer at the Port of Entry will have to determine if the US is your main home, so be prepared for a lot of questions.If you both already live in the USThe U.S. citizen must submit a Petition for Alien Relative (form I-130) to appropriate US Citizenship and Immigration Services (USCIS) office to prove that the marriage is genuine.Attached to the visa petition are the following items:Biographical forms (forms G-325A) for both the husband and the wife with photos attached.Proof of the petitioner's citizenship. This can take the form of a U.S. Passport, a Certificate of Naturalization or Citizenship or a certified copy of the citizen's birth certificate.A certified copy of the marriage certificate.Certified copies of the documents that terminated any previous marriages of the husband or wife, including final divorce decrees, and certificates of annulment or death.At the same time, the foreign-born spouse, assuming he or she entered the U.S. lawfully, should submit an application for adjustment of status (form I-485), which is an application for a green card. Normally you will also have to submit form I-485 along with green card photographs, an affidavit of support from the spouse, an application for employment authorization, an application for a travel permit (known as "advanced parole") - assuming the non-citizen spouse has not been in the U.S. unlawfully for 180 days or more - and numerous other USCIS forms.Frequently Asked QuestionsWe don't want to be apart for so long. What can we do to avoid this?Sometimes in order to avoid a lengthy separation, the couple returns to the U.S. immediately after the marriage (using a visitor visa) and proceeds to file the necessary applications once they are both in the U.S. Often the USCIS does not like this, and it is not uncommon for the USCIS to stop the foreign-born spouse at the Port of Entry and exclude him or her from the U.S. as an intending immigrant. However, if the foreign-born spouse manages to enter the US, USCIS will not deny his or her application for a green card solely because he or she entered the U.S. on a temporary visa when their real intent was to remain permanently in the U.S. You should instead apply for the K-3 visa in order to work and live legally in the US, while waiting your permanent residence.What about my foreign spouse's children?Spouses of U.S. citizens, and the spouse's children, can come to the United States on nonimmigrant visas (K-4 visas) and wait in the United States to complete the immigration process. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa.We haven't been married very long. Does that matter?If the marriage is less than two years old when the foreign-born spouse becomes a permanent resident, the green card will expire after a two-year period. Both spouses must submit a joint petition (form I-751) to remove the two-year condition. You should do this 90 days before the Green Card expires.Our marriage has ended. Can I stay in the US?If the marriage has ended because you got divorced, your US citizen spouse has died, or due to abuse in the marriage, the foreign-born spouse may eligible to apply for a waiver of the joint petition requirement. However, these waivers are very difficult to get

Hope this helps -Step 1: File a petition with the USCIS on behalf of your FiancéYou, the US citizen, must file the Petition for Alien fiancé (Form I-129F) with your local U.S. Citizenship and Immigration Services (USCIS) office. Click here to see the additional documents you need to file the petition.Note: You cannot file this petition at an embassy, consulate or U.S. immigration office abroad.Tips: Instead of waiting in long lines at the USCIS field office make an appointment online at USCIS Website.Step 2: The Fiancé's obtains a visa at a US consulate at his/her home countryAfter the USCIS approves the petition, it sends the petition to the embassy or consulate where your fiancé will apply for a K-1 non-immigrant visa. Once approved he/she will get a visa stamped on their passport and will be ready to come to the United States. Click here to see the required documents your fiancé will need while applying for the visa at a US consulate in his/her home country.Download the Checklist for Form I-129F (Alien Fiancé/K-1): Download I-129F ChecklistWhat Happens and What to Do After Getting the Fiancé Visa?Once you've received the K-1 Visa successfully you are ready to enter the United States. Following are some important information and steps for you and your fiancé to follow through on after entering the United States.Step 3: Entering into the United StatesAfter getting the fiancé visa, your fiancé enters the United States through a U.S. immigration port-of-entry. The U.S. immigration official gives your fiancé instructions on what to do at the the port of entry.Step 4: Get Social Security NumberYour fiancé can apply for a social security number card. There are many advantages of having a social security number card the sooner the better.A permanent resident of the United States needs a Social Security number to:Work in the United StatesConduct business with a bank or financial institutionPay taxes or to be claimed on a tax returnAnd for other purposes not listed.Refer to the Social Security Website for further instructionsStep 5: Get MarriedAs per the Condition of the K-1 Visa you and your fiancé must get married within 90 days of his/her arrival.Step 6: Apply for Permanent Residency (Green Card) by Filing Adjustment of Status (AOS/I-485)If your spouse plans to work and stay in the US, after marriage, he/she must file Form I-485 Application to register as permanent residence or to adjust status with the USCIS office that serves the area where you live in the United States. You must fill out the Affidavit of Support, Form I-864, with the USCIS for your spouse's application to become a lawful permanent resident (LPR).File the following 2 forms at nearest USCIS Field Office:Download Form I-485 - Application To Register Permanent Residence or Adjust StatusDownload Form I-864 - Affidavit of SupportStep 7: Remove Conditions on Permanent Status for Your New SpouseThe permanent residence you have received through this marriage is conditional, which means your new spouse's green card will expire in 2 years. You'll have to file the I-751 petition in order to remove this conditional status.Find Out More On Petition to Remove the Conditions on ResidenceDownload I-751 Form - Petition to Remove the Conditions on ResidenceRequired Documents of the Sponsor for K-1 PetitionDocuments Required of the United States citizen who is petitioning his/her fiance to come and live in the U.S. The following needs to be provided at the USCIS field office when filing for petition.Form I-129F Petition for Alien FianceIf your fiance has unmarried children who are under 21, they are eligible to accompany your fiance, but only if they are listed on this form.Evidence of Your U.S. CitizenshipYour original U.S. birth certificate, your U.S. passport, your Certificate of Naturalization, or your Certificate of Citizenship. (Please see USCIS Form I-129F for information on the use of copies.)2 G-325A Forms Biographic Data SheetsCompleted and signed G-325A Forms, one with your information and one with your fiance's.Color Photos of You and Your FianceOne color photo of you and one of your fiance taken within 30 days of filing>>Find out more about photograph specificationsPrior Marriage Nullification DocumentsA copy of any divorce decrees, death certificates, or annulment decrees if either you or your fiance have been previously married.Permission to MarryProof of permission to marry if you or your fiance are subject to any age restrictions. (For instance, in some U.S. states, you must receive special permission to marry if you are under the age of 16.)Required Documents For K-1 Visa ApplicationThe following documents should be provided by your fiancé to the US consulate in his/her home country while applying for the K-1 Visa.A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States.Valid Birth certificateIf applicable, divorce or death certificate of any previous spouse for both the applicant and the petitionerPolice certificate from all places lived since age 16Medical examination (vaccinations are optional, see below)Evidence of financial support - Form I-134 Affidavit of Support may be requested. (Should be sent by American sponsor.)Two Non-immigrant Visa Applications, Form DS-156 (A Form DS-156, prepared in duplicate.)One Non-immigrant FiancéVisa Application, Form DS-156KTwo nonimmigrant visa photos(each two inches 50 X 50 mm square, showing full face, against a light background)Evidence of a fiance relationship - i.e. photos of engagement.Payment of feesThe consular section at the embassy or consulate where you, the fiancé of an American citizen, will apply for a visa, will tell you about any additional specific requirements that you need to fulfill to complete your visa application, such as where you need to go for the required medical examination.Note: The consular officer may ask for additional information according to the circumstances of the case. Documents in foreign languages should be translated.Tips: Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the interview. Original documents can then be returned to you.Where Should I File the Petition?If you are filing for your fiancé, file this petition at the Service Center with jurisdiction over your area of residence.If you are filing for your fiancé and live outside the United States, submit this petition to the Service Center with jurisdiction over your last place of residence in the U.S.If you are a U.S. citizen, and are using this form to bring in your wife or unmarried child under the LIFE Act, file this petition at:U.S. Citizenship and Immigration ServicesP.O. Box 7218Chicago, IL 60680-7218Find out more about the LIFE Act >> Find a USCIS Office next to youVaccination RequirementsAll applicants for immigrant visas are required to have the following vaccinations (if appropriate for age, medical condition, or medical history):MumpsMeaslesRubellaPolioTetanus and diptheria toxoidsPertussisInfluenza type BHepatitis BVaricellaPneumococcalNote: As a fiancé you are not required to fulfill this requirement at the time of your medical examination for a fiance visa. However, you may want to do so. These vaccinations are required when you adjust status to permanent residence following your marriage.Extending the PetitionThe Form I-129F petition is valid for four months from the date of approval from USCIS. Consular officers can extend the validity of the petition (revalidate the petition) if it expires before the processing of the visa application is completed.What if my visa is denied? How can I appeal?If your petition for a fiancé visa is denied, the denial letter will tell you how to appeal. Generally, you may appeal within 33 days of receiving the denial by mail. Your appeal must be filed on USCIS Form I-290B. The appeal must be filed with the office that made the original decision. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC. (Sending the appeal and fee directly to the AAU will delay the process.)Fees - How much will it cost?Fees are charged for the following services:Filing an Alien Fiance Petition, Form I-129F - $535USDFiling I-130 - $535USDMedical examination (costs vary from post to post)Fingerprinting fees (if required)Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.).Filing Form I-485 Application to Register Permanent Residence or to Adjust Status$1,140 plus $85 biometric fee for a total of $1,225 if you are 14 years of age or older. If you are under 14 years of age, and are filing with the I-485 application of at least one parent have a fee total of $750; if not filing with the I-485 application of at least one parent have a fee total of $1,140. If you are 79 years of age or older, the fee is $1,140 with no biometrics services fee.If applicable, $595USD plus $85 for Biometrics for Petition to Remove the Conditions on Residence

Steps to Bringing your Fiancé to the US through the K-1 VisaStep 1: File a petition with the USCIS on behalf of your FiancéYou, the US citizen, must file the Petition for Alien Fiancé (Form I-129F) with your local U.S. Citizenship and Immigration Services (USCIS) office.Note: You cannot file this petition at an embassy, consulate or U.S. immigration office abroad.Step 2: The fiancés obtain a visa at a US consulate at his/her home countryAfter the USCIS approves the petition, it sends the petition to the embassy or consulate where your fiancé will apply for a K-1 non-immigrant visa. Once approved he/she will get a visa stamped on their passport and will be ready to come to the United States.Step 3: Entering the United StatesAfter getting the fiancé visa, your fiancé enters the United States through a U.S. immigration port-of-entry. The U.S. immigration official gives your fiancé instructions on what to do at the port of entry.Step 4: Get Social Security NumberYour fiancé can apply for a social security number card. There are many advantages of having a social security number card the sooner the better.A permanent resident of the United States needs a Social Security number to:Work in the United StatesConduct business with a bank or financial institutionPay taxes or to be claimed on a tax returnAnd for other purposes not listed.Step 5: Get MarriedAs per the Condition of the K-1 Visa you and your fiancé must get married within 90 days of his/her arrival.Step 6: Apply for Permanent Residency (Green Card) by Filing Adjustment of Status (AOS/I-485)If your spouse plans to work and stay in the US, after marriage, he/she must file Form I-485 Application to register as a permanent residence or to adjust status with the USCIS office that serves the area where you live in the United States. You must fill out the Affidavit of Support, Form I-864, with the USCIS for your spouse's application to become a lawful permanent resident (LPR).Step 7: Remove Conditions on Permanent Status for Your New SpouseThe permanent residence you have received through this marriage is conditional, which means your new spouse's green card will expire in 2 years. You'll have to file the I-751 petition in order to remove this conditional status.Required Documents of the Sponsor for K-1 PetitionDocuments Required of the United States citizen who is petitioning his/her fiance to come and live in the U.S. The following needs to be provided at the USCIS field office when filing for a petition.Form I-129F Petition for Alien FianceIf your fiance has unmarried children who are under 21, they are eligible to accompany your fiance, but only if they are listed on this form.Evidence of Your U.S. CitizenshipYour original U.S. birth certificate, your U.S. passport, your Certificate of Naturalization, or your Certificate of Citizenship. (Please see USCIS Form I-129F for information on the use of copies.)2 G-325A Forms Biographic Data SheetsCompleted and signed G-325A Forms, one with your information and one with your fiance's.Colour Photos of You and Your FianceOne colour photo of you and one of your fiance taken within 30 days of filingPrior Marriage Nullification DocumentsA copy of any divorce decrees, death certificates, or annulment decrees if either you or your fiance have been previously married.Permission to MarryProof of permission to marry if you or your fiance are subject to any age restrictions. (For instance, in some U.S. states, you must receive special permission to marry if you are under the age of 16.)Required Documents For K-1 Visa ApplicationThe following documents should be provided by your fiancé to the US consulate in his/her home country while applying for the K-1 Visa.A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States.Valid Birth certificateIf applicable, divorce or death certificate of any previous spouse for both the applicant and the petitionerPolice certificate from all places lived since age 16Medical examination (vaccinations are optional, see below)Evidence of financial support - Form I-134 Affidavit of Support may be requested. (Should be sent by American sponsor.)Two Non-immigrant Visa Applications, Form DS-156 (A Form DS-156, prepared in duplicate.)One Non-immigrant FiancéVisa Application, Form DS-156KTwo nonimmigrant visa photos(every two inches 50 X 50 mm square, showing full face, against a light background)Evidence of a fiance relationship - i.e. photos of engagement.Payment of feesThe consular section at the embassy or consulate where you, the fiancé of an American citizen, will apply for a visa, will tell you about any additional specific requirements that you need to fulfil to complete your visa application, such as where you need to go for the required medical examination.Note: The consular officer may ask for additional information according to the circumstances of the case. Documents in foreign languages should be translated.Tips: Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the interview. Original documents can then be returned to you.Where Should I File the Petition?If you are filing for your fiancé, file this petition at the Service Center with jurisdiction over your area of residence.If you are filing for your fiancé and live outside the United States, submit this petition to the Service Center with jurisdiction over your last place of residence in the U.S.If you are a U.S. citizen and are using this form to bring in your wife or unmarried child under the LIFE Act, file this petition at:U.S. Citizenship and Immigration ServicesP.O. Box 7218Chicago, IL 60680-7218Vaccination RequirementsAll applicants for immigrant visas are required to have the following vaccinations (if appropriate for age, medical condition, or medical history):MumpsMeaslesRubellaPolioTetanus and diphtheria toxoidsPertussisInfluenza type BHepatitis BVaricellaPneumococcalNote: As a fiancé, you are not required to fulfil this requirement at the time of your medical examination for a fiance visa. However, you may want to do so. These vaccinations are required when you adjust status to a permanent residence following your marriage.Fees - How much will it cost?Fees are charged for the following services:Filing an Alien Fiance Petition, Form I-129F - $535USDFiling I-130 - $535USDMedical examination (costs vary from post to post)Fingerprinting fees (if required)Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.).Filing Form I-485 Application to Register Permanent Residence or to Adjust Status$1,140 plus $85 biometric fee for a total of $1,225 if you are 14 years of age or older. If you are under 14 years of age and are filing with the I-485 application of at least one parent have a fee total of $750; if not filing with the I-485 application of at least one parent have a fee total of $1,140. If you are 79 years of age or older, the fee is $1,140 with no biometrics services fee.If applicable, $595USD plus $85 for Biometrics for Petition to Remove the Conditions on Residence