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Guillermo J. Senmartin, Esq., Immigration Lawyer
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Immigration Form I-130 Questions

I-130 is an immigration form that U.S. citizens use to petition for a foreign relative. An I-130 is issued through the United States Citizenship and Immigration Service which replaced the INS (Immigration and Naturalization Services) is governed by Homeland Security. An I-130 allows a U.S. Citizen or permanent resident to sponsor foreign relatives for immigration into the United States. The form can only be used by a U.S. citizen and is not intended for the use of non-U.S. citizen who is trying to enter the United States. To learn more about the I-130, take a look at the more commonly asked questions below that have been answered by Experts.

How can an individual speed up the process of an I-130 that was put in for a spouse to come to the United States?

There are a few things that you could have done to speed this process. First of all, you didn't send a document of relationship. This is a collection of photos, plane tickets, emails, and cell phone records that would provide evidence that there is a steady relationship between you and your spouse. Next, you can file for a K-3 visa. This visa will allow you entry into the U.S while you are waiting for the I-130 to be processed. If you have the I-130 receipt, you need to file a copy with a form I-129. When you file the I-129 form, it goes to the National Visa Center (NVC). When the center receives your file, you will be expected to file an affidavit of support form I-186 and pay any fees that are due. Your file will then be sent to the Embassy in your husband's homeland and he will be contacted about his interview. This can take up to 5 months however; this process may be completed before the I-130.

If an individual wants to petition a form I-130 to obtain a green card, the individual in question currently is in the U.S. on a F-1 visa, is there a problem with submitting the petition at this time?

Filing the petition at this time shouldn't be an issue as long as the individual’s visa stamp is valid and their I-20 doesn't need renewed before the expiration date. The university may refuse to extend the individuals I-20 if the schools officials find out you are petitioning for the individual’s green card. There are so many people waiting for visa numbers that the waiting list is 10 years. The reason for this is there are very few visas made available under this category with a high demand. The individual will have to wait for ten years for their visa. When the individual F-1 visa expires at the end of 2015, the individual will have to return to their home land and wait for their visa.

On Question 21 on I-130 form “Give the last address at which you lived”, if the individual visits their spouse in Morocco on occasion, should this be the address that is listed?

The question is simply asking for the physical address where you and your spouse lived together. They don't need to know how long you lived together, just the address of the last place you lived together. There is nowhere on the form that requires information about the length of time you and your spouse lived together. So, if you married, stayed briefly in Morocco, then you returned to the states while your spouse remained in Morocco, just write down the address in which you stayed with your spouse while you were in Morocco.

What happens if your I-130 is revoked?

The following information is the law pertaining to revoked visas and reads as:
INA 203(g): ... The Secretary of State shall terminate the registration of any alien who fails to apply for an immigrant visa within one year following notification to the alien of the availability of such visa, but the Secretary shall reinstate the registration of any such alien who establishes within 2 years following the date of notification of the availability of such visa that such failure to apply was due to circumstances beyond the alien's control.

Many people wish to have a foreign relative move to the states. To manage this, the person living in the states must petition for the foreign relative. I-130 is an immigration form created by the U.S. Immigration Service which provides a foreign national entrance into the states. If you have questions about the I-130, you should ask an Expert. I-130 is an immigration form that U.S. citizens use to petition for a foreign relative. An I-130 is issued through the United States Citizenship and Immigration Service which replaced the INS (Immigration and Naturalization Services) is governed by Homeland Security. An I-130 allows a U.S. Citizen or permanent resident to sponsor foreign relatives for immigration into the United States. The form can only be used by a U.S. citizen and is not intended for the use of non-U.S. citizen who is trying to enter the United States. To learn more about the I-130, take a look at the more commonly asked questions below that have been answered by Experts.

How can an individual speed up the process of an I-130 that was put in for a spouse to come to the United States?

There are a few things that you could have done to speed this process. First of all, you didn't send a document of relationship. This is a collection of photos, plane tickets, emails, and cell phone records that would provide evidence that there is a steady relationship between you and your spouse. Next, you can file for a K-3 visa. This visa will allow you entry into the U.S while you are waiting for the I-130 to be processed. If you have the I-130 receipt, you need to file a copy with a form I-129. When you file the I-129 form, it goes to the National Visa Center (NVC). When the center receives your file, you will be expected to file an affidavit of support form I-186 and pay any fees that are due. Your file will then be sent to the Embassy in your husband's homeland and he will be contacted about his interview. This can take up to 5 months however; this process may be completed before the I-130.

If an individual wants to petition a form I-130 to obtain a green card, the individual in question currently is in the U.S. on a F-1 visa, is there a problem with submitting the petition at this time?

Filing the petition at this time shouldn't be an issue as long as the individual’s visa stamp is valid and their I-20 doesn't need renewed before the expiration date. The university may refuse to extend the individuals I-20 if the schools officials find out you are petitioning for the individual’s green card. There are so many people waiting for visa numbers that the waiting list is 10 years. The reason for this is there are very few visas made available under this category with a high demand. The individual will have to wait for ten years for their visa. When the individual F-1 visa expires at the end of 2015, the individual will have to return to their home land and wait for their visa.

On Question 21 on I-130 form “Give the last address at which you lived”, if the individual visits their spouse in Morocco on occasion, should this be the address that is listed?

The question is simply asking for the physical address where you and your spouse lived together. They don't need to know how long you lived together, just the address of the last place you lived together. There is nowhere on the form that requires information about the length of time you and your spouse lived together. So, if you married, stayed briefly in Morocco, then you returned to the states while your spouse remained in Morocco, just write down the address in which you stayed with your spouse while you were in Morocco.

What happens if your I-130 is revoked?

The following information is the law pertaining to revoked visas and reads as:
INA 203(g): ... The Secretary of State shall terminate the registration of any alien who fails to apply for an immigrant visa within one year following notification to the alien of the availability of such visa, but the Secretary shall reinstate the registration of any such alien who establishes within 2 years following the date of notification of the availability of such visa that such failure to apply was due to circumstances beyond the alien's control.

Many people wish to have a foreign relative move to the states. To manage this, the person living in the states must petition for the foreign relative. I-130 is an immigration form created by the U.S. Immigration Service which provides a foreign national entrance into the states. If you have questions about the I-130, you should ask an Expert.

Ask an Immigration Lawyer

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: General
Satisfied Customers: 34892
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
characters left:
Immigration Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Immigration Lawyers are online & ready to help you now

Guillermo J. Senmartin, Esq.
Immigration Lawyer
Satisfied Customers: 30464
10+ years of experience in various aspects of U.S. Immigration Law.
Georgetown Lawyer
Immigration Lawyer
Satisfied Customers: 8543
10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
Wilton A. Person
Immigration Lawyer
Satisfied Customers: 3550
Knowledgeable and experienced immigration lawyer.

Recent Form I 130 Questions

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