I summited my dad’s I-130. And then after 01 day I summit my mom’s I-130. So the question “ Have you ever previously filled petition for anyone before ?” …. Should I answer YES or No. because I already summited my dad’s I-130 one day before ?
I acquired my citizenship by Naturalization last 8/26/23. I started filling online, but it gave me a yellow alert message that "You may not meet the eligibility requirement for your petition. f you are petitioning for your parent, you must be a U.S. citizen at the time of your petition." I can't find any source saying that I can't apply if less than a month. Appreciate your valuable feedback Atty. Thank you so much!
Hello, Abigael, There is no requirement to wait any amount of time to file for your parents. The online system often flags and alerts responses as you move through the questions, so an alert like that does not necessarily signal a problem - rather, it’s just a notice built in to help ensure that filers are aware of eligibility requirements.
I'm just scared that I might get denied because I applied too early and won't get refund for that 😬. Atty. even if I didn't update my SSN yet, I can still proceed with my application? Thank you!@@jlw.immigrationlaw
Great information. Thank you. I filed I130 online on behalf of my adopted daughter. I adopted her per law of my birth country(China) because I was a PR of US and a citizen of China at the time of adoption. I moved out of US to be with her. I landed a job in NZ and she was granted a visitor/dependent visa. So far we have been physically living together for more than 2 years. I submitted her I 130 online in January 2022. Now it is early April 2022. I was informed by US NZ consulate that usually it takes 8-12 months to approve I130. How can I request to expedite the process? If USCIS accepts my request, how much it would help the process? She is a small child 5. Thank you.
@@feelfeelhe5357 Hello, Unfortunately, expediting I-130 petitions is very difficult and generally requires a showing of a life or death emergency. If you would like to submit an expedite request anyway, instructions for doing so may be found at this link: www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request. Best of luck with the case - please don’t hesitate to reach out if we may be of assistance.
I have filed for an I-130 for my Spouse. Since I have applied, my US Passport has expired. I got a new passport, and my question is should I upload the new passport as a new Unsolicited evidence?
Hello, This is a very tough situation. Anyone applying for permanent residence must meet the income requirements, even if their petitioner is disabled and unable to work. For specific information related to your particular case, please reach out to a trusted immigration professional. There are many organizations around the United States that provide immigration legal services for low-income families, and most of them do excellent work.
Hello, thank you very much for all the information. Do you agree that when you fill out FORM I-130 to ask for a MOTHER, they ask for very little evidence? I am filling out the form and I have doubts because they do not ask me for evidence of my mother's documents, such as a passport, or a visa, such as her birth certificate or photos of the two together.
My husband is US citizen. Do I need to wait my interview and my green card to apply for my son I 130 as a stepchild? Or can US citizen apply at the same time for me and for my son(his step son)?
Hello, This is an important point: A US citizen can petition for a step child so long as the marriage that created the step-parent/step-child relationship occurred before the child turned 18 years of age. Thank you for this question!
Hi Jennifer! Wow!! I love the way you explain everything so easily and clearly! Thank you so much for sharing this helpful information! I have a question. My Parents are in Africa, and all their original documents are in French. Do I have to translate their documents into English? If yes, should I use a US-based translation service? I really appreciate any help you can provide. Keep up the good work; God bless you!!!
Hello, Sami, I’m so glad you found the video helpful! Concerning your question about the French documents, the answer is yes, you must have them translated. They should include a certificate of translation - we have a video about that on our channel as well. Best of luck with your parents’ cases!
I signed form I-864 for my cousin last year. Because my uncle does haven’t enough financial. I didn’t sign I-130 at the time. Now I would like to petition for my parents. There is a question in I-130 is “ Have you ever previously filed a petition for this beneficiary or any other alien?” My answer should be YES or NO
I apply I-130 for my dad and mon at the same time. But I submitted my dad’s I-130 first. One day after I summit my mom’s I-130. So the question “ Have you ever previously filled petition for anyone before ?” …. Should I answer YES or No. because I already summited my dad’s I-130 one day before ?
Hi, Linh, If you filed these petitions online, the answer might be different than if you filed via U.S. postal service. If you filed using USPS, I would answer “No” on the 2nd petition unless and until you had a valid receipt notice for the first one - until you have a receipt notice, you can’t be 100% sure that your I-130 was actually “filed” with USCIS. If you filed online, though, you would get an instant response and confirmation of filing, so then the 2nd petition would need to disclose the filing for the first one. I hope that helps!
@@charlesemmanuel50 Hello! The question on the I-130 asks if the petitioner has ever filed an I-130 for any other person *who is now a lawful permanent resident.* So, if you filed for someone last year, you must indicate “YES” only if that person has completed the process and already has their residency. If they are still in process, then the correct answer to the question is “No” because they are not yet a lawful permanent resident.
Hello, Evidence of a father-daughter relationship may be established using a birth certificate, as well as secondary evidence including photographs, correspondence, evidence of child support or other financial support, and as a last resort, sworn witness statements. If evidence of the relationship is not abundant, a DNA test may be most helpful, but that must be done according to USCIS instructions in response to a Request for Evidence. For more information specific to your case, please do not hesitate to reach out at jlw.as.me/schedule.
Quick question: If the beneficiary had a social security when he went to school in an American university thru government exchange program (more than 40 years ago), he went back home and now , as the beneficiary in an I-130 parent petitions does he have to provide this old social security number in both I-130 and /or I-485?
Hi this is Freddie wood but and I'm trying to get my wife over to the united state's and I'm not sure what to do. I am in the Philippines What can I do To get her into the United States. We got married May 22 of this year. Please advise me of what to do. By the way I'm originally from Houston but live in North Dakota now. I'm in the process of trying to get her over to the United States What is the Best way to do that?
Hello, In our experience, birth certificates will suffice to prove the relationship. It is important to provide a passport or naturalization certificate for the petitioner to prove U.S. citizen status. Also, if the birth certificates are not in English, they require a certified English translation.
Hi. I'm a US Citizen married to a Turk. He's never been to the US before; however, we got married on February, 2022 right at the Mex/US border under Texas Law. We lived together for 3 months in Mexico but since his tourist visa to visit Mexico was about to expire he had to go back to Turkey. Now we want to apply for his Green Card, but we're afraid he gets rejected. We have proof of our relationship (pictures, plane tickets, etc) but we don't know if the USCIS will take our relationship as real. Should we wait more to apply or is it OK to do it now? We really want to live together again. His migratory status is the only problem. Thank you in advance!
Hello! Good question! In our experience, black and white copies are fine so long as they’re legible. Sometimes photos are best with color copies, but color copies are not required.
My husband(us citizen)petition for my son n I(cr1&cr2) I got documentary qualify almost 4months ago, later I realized that I didn’t do my son ds260 form, I completed his form n summited it last week, My concern is will our interview date still be the same since his ds260 was summitted late? I’m so afraid that I might get interview n he will be left out, he’s 7yrs.
Hi Jennifer. Thank you for the great info and for sharing the checklist. I'm a US Citizen starting this process for my Canadian wife and her 2 children, 16ys & 18yrs, do I need to file separate i-130 forms/sponsorships for my stepdaughters or are they included in my wife's packet?
Hello, Michael, This is one area where U.S. citizens are not as lucky as residents - you must file separate petitions for each person. Please note that the older daughter will only be eligible to immigrate through a U.S. citizen stepfather if the marriage to her mother took place before she turned 18. That is the age limit in place to be able to petition for stepchildren. Hopefully, that is not a problem!
Buenas desde República Dominicana tengo una pregunta estoy pedido por mi hermana con mis hijos u otros hermanos más e sus hijos desde el 2013 mi hermana es ciudadana hace 15 años el 8 de julio del año 2021 nos enviaron una Solicitud de evidencia adicional nos dieron hasta septiembre del año 2021 para enviar lo que solicitaron hicimos lo que dijeron ahora en la página de USCIS dice que se recibió la respuesta de evidencia adicional el 30 de noviembre del 2021 La pregunta es ¿Que tiempo dura para Uscis aprobar el caso? Ya mis Hijos tienes 21 y 22 años ellos se irán con migo? Que tiempo aprox Para que me llegue Cita?
Just apply for him. Best to seek a lawyer, paralegal (cheaper) or someone who specializes in the form but as a US citizen you can apply for your children, it doesn't matter what age they are or if they are married with kids. The processing time may be different but yes you can file for them. You will need to file the I130 Form.
Do I need to submit a birth certificate for my parents? I’m turning 21 - born in the states and will be filling the I-130 form in 12/24. My parents have been married for over 20 years, filled taxes jointly the entire time and have TPS for 23 years. Thank you so much for the advice
Hello, In our experience, providing birth certificates is crucial in almost every kind of immigration-related filing. If they are in a language other than English, then certified English translations are also required. Check out our videos on how to certify your translations for more information.
I have a question my marriage is very brand new only 2 months old and all i have as evidence of our marriage is marriage certificate and photos together, wedding and honeymoon..she lives oversees. I'm a U.S citizen here, so its impossible to share anything like assets or bank accounts. What other evidence can i possibly send before i file my I-130 and I 30A?
I’ll submitting two I-130 for my mom and my step-dad. I was born in Peru but I am a US citizen. For my mom I’ll using my birth certificate and for my step-dad I will be using the marriage certificate of them from 2008 when I was 7. Is there any other required documentation that I need? I will be submitting their records and they have never been in this country.
Hello, Your birth certificate and the marriage certificate for your mom and step-father should be sufficient to demonstrate both parental relationships. Best of luck!
I have a question please hoping that I would have an answer for me. My husband and I were both divorce before our marriage. I am a US citizen, and I applied for my husband, however he provided his divorce documents were I haven’t. Do you think they will ask me for it
Hello, Basaa, In our experience, all divorce decrees from prior marriages are required - both from the petitioner and the beneficiary. Typically, USCIS will request the additional document when they review the case.
Was anyone able to download the file? I can not on my end, it keeps sending me to a clickfunnel page, I even created an account and signed up for a free trial with my credit card, but it still doesn't let me download the file afterward. Please help😢😢😢😢
Thank you for the information. One question: what happens if I-130 was approved but alien relative arrived to the US under a different program (paroled)? Can we just file for adjustment of status with the same petition or do we need to start the whole process over? Thanks
Hello! This is a great question. The same petition can be used so long as it remains valid and has not been terminated for failure to advance. If the petition’s priority date has been current for less than a couple of years, then the petition should still be valid. The termination process is managed by the National Visa Center, and they would typically notify the petitioner that the termination process had begun because of failure to communicate with them within one year of the priority date becoming current. If that situation does not apply in your case and the beneficiary is otherwise available to adjust status, then that same petition should work. Don’t hesitate to reach out if we can be of further assistance!
I am looking into to apply I-130 My mother she just got her citizenship about two month ago, can she start apply for I-130 now to petition me. I am the beneficial . I am live in us. Unmarried , the problem is I lost my home country passport. But I still have I-94 card (indefinite expiration date) , do I have to have home county passport to file.
Hi thanks for being a great resource for the laymen. ’m sponsoring my siblings and I’m confused on the secondary evidence. I’m trying to understand for whom the secondary evidence is requested for, the petitioner or the beneficiary? If the secondary evidence is required for the petitioner then can I submit naturalization certificate for primary and copy of U.S. passport as secondary
Hi, Mr. Z, So glad you’re finding the videos helpful - apologies for the confusion. Secondary evidence is only required when “primary evidence” is not available. For example, if you did not have a birth certificate (primary evidence of your date and place of birth), then secondary evidence would be required. In a petition for siblings, if everyone has a birth certificate showing the family relationships, then secondary evidence should not be required. For your U.S. citizenship, your passport and your naturalization certificate would both be considered “primary evidence.” I hope that helps! Any additional questions, feel free to reach out.
Hi, I am in the f2b all chargability area and DQ in March of 2021 with my piority date being Oct 2015 but still no interview schedule, do you think something is wrong please?
When I applied for my dad in evidence part it asked me my parents marriage certificate. After finishing my dad part I started to file for my mom but on her evidence part it didn’t ask for my parents marriage certificate. That’s why I didn’t submit it yet. What should I do about it?
Hi I am an international student in us. My husband is a lawfull permanent Resident. Should I file I-485 by online or by mail filled up by hands. How can I submit this form(I-485)? My another question is that if i file I-765, What category I should select?
Hello, Spouses of lawful permanent residents may be eligible to file I-485 if they have maintained lawful status at all times since their lawful entry; student status typically takes care of this requirement if it remains intact and not expired or cancelled due to non-compliance with terms of the student visa. Form I-485 is still not available for online filing, so it must be filed via USPS. Anyone who is filing Form I-485 can file Form I-765 as well, and the category for this filing is (c)(9). If we can provide additional support or assistance, please do not hesitate to reach out!
Hello there, I have filed for my mother. Additional evidence letter was sent to me. They did not include the DNA option to it, I messaged them about it but haven't heard from them yet. My mom is not in the USA but I am. Do i need the USCIS to give me directions and or permission to do the DNA test?
Hello, If the Request for Evidence is asking for additional proof of the relationship between yourself and your mother, then I would generally recommend a DNA test for our clients. It is key to use one of the USCIS approved labs, which you can find through a google search. The lab will then forward the results for you to USCIS directly. You will want to let USCIS know through a response to their request for additional evidence that you have contracted a lab for a DNA test. I hope this helps!
NEW SUBSCRIBER HERE, I’m turning 21 and will be submitting the I-130. My parents both live in the US and have TPS , Married and have been doing joint taxes for over 20 years , do I need to submit translated birth certificate for them? Please let me know,
Hello, If you are a married, adult child of a U.S. citizen, then any I-130 filed for you by a U.S. citizen parent will automatically also include your spouse and unmarried children under age 21 (as of the date of your visa interview). A U.S. citizen cannot file an I-130 directly for the spouse of their biological son or daughter. (In other words, one I-130 😊)
Hello yes I have so many questions.my first question is .if I have to send the original copies of our passport how long will it take before the resend it back to me . Bc I’m traveling in the summer.
The category for siblings is one of the slowest, unfortunately. It is category F4 in the tables found at this site: travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
good day! my petition was denied before. because we lack evidence like financial support. we couldn't show anything because we didn't have communication with my father then. we just recently had communication. what should we show that evidence. Is it just DNA? even without uscis permission?
Hello, If you’re hoping to show a father-child relationship, we usually use DNA because it is generally considered the strongest evidence. The challenge is that DNA results must be sent directly from the lab to USCIS, so it is not possible to submit them unless you have already filed the I-130 and have a receipt number for your case. However, once you have a receipt number for your petition, you can initiate the process of getting a DNA test from an accredited lab and they will be able to forward your results to USCIS; you do not have to wait for USCIS to issue a request for more evidence for your case. I hope this helps! P.S. If you have not already subscribed to our RU-vid channel, please do so and help us reach our goal of 1,000 subscribers! Thank you!
Hi, We are asked to submit evidence for our I130 to be approved. We file online but I as the petitioner being trying to submit the five sets of documents below 12MB each but they are not going through. What I could be doing wrong?
Hello, Fees may be paid online or by check or credit card, depending on how the form will be filed. If it is an online filing, then the online system will direct you to a payment page. For filing by US Postal Service, a check, money order, or credit card form must be included. It is not possible to pay online for a case that is not filed online. I hope that helps!
Thank you for your help. My question is we got married, and my husband is Green Card holder. As a proof i prepared wedding and other photos even screenshot of whatsapp photos,his perminanat residence card,ID card,marriage certificate(both in original and english language) and the original document of the appartment that we spend time together and his house morin the USA (as shared property) 2#2 photo of us. This is what I can make as an clear evidence.As we don't have a kid i can't make another proof.Could it be enough?
Hello, Narmin, Many couples get their I-130s approved even when they do not have children, so that is ok! Often, newly married couples do not yet have a lot of documentation showing their marital status. In those cases, we always recommend continuing to collect evidence even after the I-130 is filed so that if USCIS requests additional information or evidence, you already have collected it. I hope that helps! Please don’t hesitate to reach out if you we can be of further assistance.
@@jlw.immigrationlaw thank you for your answer i had a question.İf my husband is a sponsor for his friend’s wife,could it be a problem during i-130 or for my B1 tourist visa.Thanks in advance for your reply☺️
@@NarminHasanli-uv7ht Hello, Sponsoring someone for their immigration process with form I-864 can impact the family size calculations for future petitions, but in our experience it does not necessarily cause a problem. If the petitioner becomes ineligible due to their past sponsorship, they may need to then work with a co-sponsor for future petitions, but that depends on their income and how many other people are in their family. We have a video on how to calculate family size for the I-864 that may help. The impact on a tourist visa application is not known to us, but we do not believe that is information that is available to consular officers reviewing B1/B2 visa applications.
I filed a 129F and was approved by USCIS. But me and her have a customary marriage certificate (that I added as evidence, which i shouldn't have) that is not recognized by the Ugandan government but the Consulate may not see it that way so I now am looking to apply for the 130. Would it make sense that the petition would get approved faster if I have already filed a previous USCIS approved petition but the only thing that's changing is the type of visa that I'm applying for?
Hello, If a marriage is not legally valid under the laws of the country where it was performed, then we recommend against filing an I-130. The spousal petition could not be approved without a marriage certificate that proves the existence of a legally valid marriage.
Hello i have a question. I am a us citizen my wife lives in central ameria. My pd date is 03/22/2021. Do you know how long will it take? My recipt says nebraska but emma says texas sc
Hi I have some very very big important questions to ask you. How does finical income comes into play as well as person trying to sponsor the spouse to come to America. Like the man married a female from another country. His income state is like around the range of 850 I think a month and his other source of income is his son which he collect that from him, the son has disability and gets around 695-820 a month I think. The man lives in housing. I don’t think he has much of valuable things that he possesses. His cars own like two but very very old. He is like 73-76 I forgot and he has a lot of medical issues. Would you think he have a chance to have his new wife that he married from another country get sponsored to come to America? I mean how can he really support all her needs? Not sure how it works so I’m curious hope you can answer all my questions thanks.
Hello, In general, anyone who does not qualify to financially sponsor their spouse (or any other immigrant beneficiary) may file their financial documentation together with a “co-sponsor” and, in that way, overcome the barriers to admissibility.
Hi @Jennifer Walker Gates First petition filed by my dad was denied because COVID-19 delayed the DNA (father-son) test process. DNA results later came out to be negative. Can I have my dad refile an i-130 with secondary documents and affidavits proving he took care of my financial needs throughout my life? 😔😔
Hi, Kenneth, If the DNA results are negative, does that mean the petitioner is not your biological father, or do you believe there was an error in the test results? The only way a non-biological parent can file for a child is if there is a legal adoption before the child turned 16, or a step-parent relationship. I hope that this helps!
@@jenniferwalkergates5745 The results came negative and I'm still wondering what happened. Is there anyway u can help as a lawyer? I am my dad's only child.
Can someone help me . I am doing the I-130 petition for alien relative. For my father , I’m a u.s citizen . I do not see anywhere on the application to add my father’s birth certificate online. It asks for proof of my citizenship so I added my birth certificate and then it asks for the petitioners birth certificate so I add my birth certificate twice ? Also in this video she says we can add proof with pictures how do we do that online or is that only if we mail in the application? My dads side of the family just found me after 20 years so I would think I need more proof to establish the relationship…
Hi, Alexis, Unfortunately, we’re not able to provide case-specific advice or assistance through this forum, but in general, the beneficiary’s birth certificate will be required for the I-130 process, along with a certified English translation. Filing online is very cumbersome and difficult for attorneys, so we are not very familiar with the process, but sadly, I am not surprised to hear that it’s confusing for you. I hope it works out and your petition is approved quickly!
Hello, In our experience, census records are not necessary. In cases where a birth certificate is unavailable for some reason, census records may be used as secondary evidence of a person’s place and date of birth.
Uscis request for evidence against my child birth certificate because I was late to registered birth certificate. Now I have already send medical, school and relationship affidavits between my ex husband and my family to child identification. Uscis received my request evidence but they didn't send any mail or email for received confirmation..now what can I do??please help me
Hello, Taslima, USCIS does not send confirmation notices or receipt notices for responses to requests for evidence. We use U.S. postal service tracking to ensure delivery of these responses to the correct USCIS office. If you have an online USCIS account, you may be able to see updated information about the status of your documents’ delivery through that portal.
I am checking regularly but as same as before. But usps showed me that uscis received my documents. One more question ,my visa case already processing in nvc but my child case is in uscis so can we will get visa at same time?
@@taslimaislam6178 Hello, I’m sorry but it is not possible for me to predict exactly when any applicant will receive a visa. To answer this question would require an individual consultation and document review.
Hello, If the petitioner is a lawful permanent resident, then the I-130 will be cancelled if the beneficiary gets married. If the petitioner is a U.S. citizen, then the petition may remain pending.
@@speedy9753 Hi, Speedy, It’s impossible to predict now what will ultimately pass. We hope to see DACA and TPS get relief in the budget reconciliation process, but we are waiting for the Senate parliamentarian to indicate next whether this will be permitted. Fingers crossed.
Hi, Sharmin, I am not sure if it's possible - some petitions can benefit an applicant if they were filed before April 30, 2001. Other than that, it's not usually possible.
@@jlw.immigrationlaw my mom applied for me in 2012 when I was single and my mom was green card holder . In 2018 I got my case number but I had been married till then .when I let them know my case number revoked. In 2019 mom got citizenship and applied for me again. They received my application. So my question -“ is it possible to adjust my new application with my previous case number?”
@@sharminakther8103 In this situation, unfortunately, the law is very harsh. When you got married, it's as though your I-130 petition filed by your mother was erased and never existed. So, sadly, they won't allow you to recapture that previous priority date from the earlier petition.
@@sharminakther8103 I'm not sure; the category for adult married children of U.S. citizens is currently processing petitions filed in 2008 for most countries.
Quick questiin.. 2 weeks ago i send more evidence for my form I-130 then after 2 weeks my form 485 udjusment status was approved.. but the form i-130 is active review.. it is good news or i need to worries?? Pls response
Hello, I think this is good news! Legally, an I-485 cannot be approved without first having an approved I-130. I would expect that you should receive the approval of the petition shortly, and that the online status is just not properly updated.
My I130 just get rejected because of my birthday certificate I get it after 21 years and all the other evidence that they ask I can't have it or I don't have it. Can I send DNA beside my birthday certificate?
Hello, It is possible to provide DNA to prove a family relationship when other evidence is not available. However, to be considered valid, the DNA test results must be provided from the laboratory directly to USCIS and must contain a clear reference to your petition.
Hello, In general, passports are not required for I-130 petitions. They are required to finalize immigrant visas at U.S. consulates, but for the I-130, proof of the family relationship is what’s most important, which typically comes from birth certificates.
You are all over the map. You are mixing everything together and confuse people. Make independent videos for each type of relationship. That will help.
I signed form I-864 for my cousin last year. Because my uncle does haven’t enough financial. I didn’t sign I-130 at the time. Now I would like to petition for my parents. There is a question in I-130 is “ Have you ever previously filed a petition for this beneficiary or any other alien?” My answer should be YES or NO
Hi, Linh, The Form I-864 is not the same as the I-130 Petition. If you have never filed Form I-130 for any relative before, then the answer would be “no.” The cousin you co-sponsored may need to be included in the family-size calculations when you do the Form I-864 for your parents. I hope that helps.
