Is this procedure correct? anyone like to feedback/comments plz

PrinceofJungle

New Member
I Would love to see any feedback/comments from ppl who have gone through


I-130 Petition For A Relative Outside Of The U.S

To file the I-130 for a relative outside of the U.S, you will need supporting documents to file along with your I-130 petition. You may wish to check out the INS page on I-130 petitions: Bringing a Spouse to Live in the US

1.A copy of the petitioner's birth certificate and/or passport.

2.A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English)

3.A copy of your marriage certificate. (If filing for your spouse)

4.A copy of the petitioner's and/or intending immigrant's divorce documents. (If filing for a spouse, and one or both of you have been divorced before)

5.A copy of a prior spouse's death certificate. (If filing for a spouse, and one or both have you were married before, and the prior spouse died)

6.2 G-325a biographical information sheets. (One for the petitioner and one for the intending immigrant. These can be found at a local INS office or ordered through the INS website here.)

7.2 ADIT style photos. (One for the petitioner, and one for the intending immigrant.)

8.A copy of petitioner's proof of naturalization. (If applicable)

9.A copy of petitioner's proof of permanent residency. (If applicable)

10.A check or money order made out to the "Immigration and Naturalization Services" for $130.00 in U.S dollars.

After you have completely filled out your I-130 petition, and have gathered all of the supporting documents, you the petitioner, should send your petition off to your nearest INS Service Center. There are currently 4 INS Service Centers that you may file your I-130 petition with.

The California Service Center
The CSC accepts and processes certain applications and petitions from people residing in the following jurisdictions: California, Nevada, Arizona, Hawaii, and the Territory of Guam.

The Nebraska Service Center
The NSC accepts and processes certain applications and petitions from people residing in the following jurisdictions: Alaska, Colorado, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin and Wyoming.

The Texas Service Center
The TSC accepts and processes certain applications and petitions from people residing in the following jurisdictions: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, New Mexico, North Carolina, South Carolina, Oklahoma, Tennessee, and Texas.

The Vermont Service Center
The VSC accepts and processes certain applications and petitions from people residing in the following jurisdictions: Connecticut, Delaware, Maine, Maryland*, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, Vermont, Virginia, U.S. Virgin Islands, West Virginia, and the District of Columbia.

A few weeks after you have sent your petition to the nearest INS service center, the service center will send you a Notice of Action (aka NOA) letter indicating that they have begun processing your I-130 application, along with an estimation of the time it will take before your I-130 application will be approved. At the bottom of the Notice of Action, a telephone number is listed that you can call to check on the status of your petition.

If your I-130 petition is finally approved, the service center with which you filed your petition, will send you another Notice of Action letter indicating your approval, and the forwarding of your approved petition to the National Visa Processing Center in Portsmouth, New Hampshire, along with a phone number to contact the NVC with. Your case will now only be dealt with by the NVC. The service center that you filed with, will have no more knowledge on the status of your petition or case.

A few weeks after you have received your last Notice of Action indicating the approval and forwarding of your I-130 application to the NVC, the NVC will send your relative a packet of forms that you and your relative must fill out before your relative can be given an interview date with a consulate abroad. The packet contains an Of-169 form, and an Of-230 part one and two forms that must be filled out by the intending immigrant. An I-864 form is also included that must be filled out by the petitioner. The I-864 is the Affidavit of Support form that requires copies of the petitioners past 3 U.S tax returns, as well as any bank or financial records available. The petitioner must make at least 125% above the U.S federal poverty to indicate to the U.S government that the intending immigrant will not become a federal charge to the government when he/she arrives in the U.S.If the petitioner cannot meet these requirements, then he/she must still file an I-864, and find a joint sponsor who can meet the requirements on his/her own. When a joint sponsor is needed ,proof of their U.S citizenship or permanent residency is required. (i.e. copy of birth certificate, immigration status etc). The joint sponsor must be residing in the U.S, and he/she must also submit his/her past 3 years U.S tax returns along with bank or any other financial records available. The joint sponsor must submit his/her own I-864 form to accompany the petitioner's I-864 form.

Forms that must be sent back to the NVC or the consulate abroad (depending upon which consulate you are going through) before an interview date with a consulate abroad can be scheduled are as follows:

1.Completed and signed OF-169.

2.Completed and signed Of-230 Part 1 and 2 forms.

3.I-864 Affidavit of Support Form along with past 3 year U.S tax returns and any other financial documents available.

4.A copy of intending immigrants biographic page of passport(s) including expiration date.

5.A copy of intending immigrants birth certificate(s).

6.A copy of intending immigrants adoption certificate(s) (if applicable)

7.Marriage certificate. (if applicable)

8.Divorce decree(s) or death certificate(s) (if applicable)

9.Police certificate(s)

10.Court and prison records.(if applicable)

11.Custody records. (if applicable)

12.Military records (if applicable)

After the NVC receives these forms and supporting documents, an interview date will be scheduled for the intending immigrant at a consulate abroad. The NVC or the consulate abroad will send your relative a letter indicating at what time and day the interview is scheduled for, and of required forms that must be brought to the interview. Documents needed are:

1.Tax form 9003.

2.Valid Passport.

3.Original birth certificate.

4.Original adoption decree. (if applicable)

5.Original marriage certificate. (if applicable)

6.Original death certificate. (if applicable)

7.Original divorce decree. (if applicable)

8.Police certificate.

9.Court record(s) (if applicable).

10.Evidence of support.

11.Medical examination information (a list of INS approved doctors to perform the medical is included with the letter)

12.2 ADIT style photos of the intending immigrant.

On The day of your relatives interview, he/she must bring EVERY document listed above that applies to your case, and should be prepared for a long wait. Your relative will need to bring $325 dollars U.S or it's local currency equivalent to $325 dollars U.S.($260 dollars for the application, and $65 dollars for issuance)

The interview can last for 10 minutes or up to an hour depending upon your specific case. You relative will take an oath under US law to tell the truth, and it is very important that your relative answer every question as truthfully as possible. As in general, it is a good idea that your relative bring documentation to prove strong ties and a relationship with you, the petitioner. (i.e. phone bills, letters etc.) If the consulate officer approves your relative's immigrant visa application, your relative will be issued an immigrant visa that allows your relative to become a US permanent resident. Your relative will become a U.S permanent resident only when he/she enters the U.S at a port of entry, until this time, he/she only has an immigrant visa that is valid up to 6 months from the interview date. If your relative cannot immigrate to the U.S within the 6 month allotted time, then his/her immigrant visa will expire, and the I-130 process must start all over again. Also, if your relative is your wife or husband and you have been married for less then 2 years at the time of his/her arrival at a port of entry, then he/she will receive a temporary greencard good for only 2 years, at which time the both of you will have to file the I-751 form to remove it's conditional status.
 
Should I start assuming, noone is gone through?

Scenario: US citizen is sponsering his parents, who live outside US usinng 130+ Consular Processing.

Anyone would like to share plz? :D


Best,
 
please throw some light

hello ,
apart from spouse , parents or children can a cousin sister file a petition for a brother(obviously 1st cousin)
how much extra time as compared to other relatives is normally taken in this case.
moreover what documents can be used to depict close ties in this case.
thanx
 
PrinceofJungle said:
1.Tax form 9003.

This for is not required. Other then that every thing looks OK. Check the Poverty guideline amounts and sponsorship I-864.

Is it IR category? That will be much faster if applied at New Delhi. But only catch is person who sponsoring needs to stay for three months in India before Appling the I-130.
No more ADIT photgraphs
 
Last edited by a moderator:
Hi POJ

My husband applied for GC (I140+I 485) in US and spouse/children were to follow to join once he was approved

All we did was send I 824's for each of us who were to join him

Once approved TSC sends cable/fax/tele to consulate to complete processing

paperwork does not go to NVC

Not sure if this would be correct for you though, as you just say relative/s


Regards Sue
 
Thanks vineetgsvm, and Tammy, Susan

As I shared it was all about 'US Citizen is sponsering parents through 130+Consular Processing route, parents live outside US.

Thanks,
 
susan ward said:
Hi POJ

My husband applied for GC (I140+I 485) in US and spouse/children were to follow to join once he was approved

All we did was send I 824's for each of us who were to join him

Once approved TSC sends cable/fax/tele to consulate to complete processing

paperwork does not go to NVC

Not sure if this would be correct for you though, as you just say relative/s


Regards Sue

That is called as attorney certfied I-140. It is usually done in the cases where applicant has mentioned his choice as I-485 and then later changed his mind. You bypass NVC all together.

If the Applicant is not here then usually it goes throgh the NVC.
 
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