If you’re sponsoring a spouse or family member to get a green card, you’ll need to submit Form I-130 (“Petition for Alien Relative”) to prove that you have a valid family relationship. The U.S. Citizenship and Immigration Services Ombudsman (CIS Ombudsman), an independent office that looks into complaints about USCIS, recently shared an important tip to help you avoid processing delays and extra costs when applying for a family-based green card.
What You Need to Know About Form I-130
Form I-130 is used to determine whether your relative is applying for a green card from inside the U.S. (through the adjustment of status process) or outside the U.S. (via consular processing). Here’s where it gets tricky: the form gives you the option to select both choices, but you should only choose one.
Why Does This Matter?
The choice you make on Form I-130 affects where your approved application will be sent. Here’s a breakdown of the two options:
- If you select adjustment of status, USCIS will send your Form I-130 to the National Record Center (NRC). From there, you can file Form I-485 to adjust your status to a green card holder.
- If you select consular processing, USCIS will send your Form I-130 to the National Visa Center (NVC), which handles the next steps for applicants outside the U.S.
The Risk of Choosing Both Options
Choosing both options on Form I-130 may seem like a good idea, but it can lead to significant delays and extra costs. The CIS Ombudsman has received many complaints from applicants who accidentally selected both choices. When this happens, USCIS typically sends the approved I-130 application to the NRC, even if the applicant is outside the U.S.
This can create an extra step: the person seeking the green card will then need to file Form I-824 (“Application for Action on an Approved Petition”) to have their application rerouted to the NVC for consular processing.
Form I-824 comes with a $465 filing fee and can take anywhere from 3.5 to 22.5 months to process. As you can imagine, this delay adds time and costs to your green card application process.
How to Avoid Extra Fees and Delays
To avoid these unnecessary delays and costs, you must choose only one option on your Form I-130—either adjustment of status or consular processing, not both. This will help ensure that USCIS sends your approved petition to the correct location from the start.
What If You Choose Both Options by Mistake?
If you’ve already submitted your Form I-130 and selected both options, don’t worry! As long as USCIS hasn’t yet approved your petition, you can contact the USCIS Contact Center to change your selection.
Filling out Form I-130 correctly is essential to avoid delays and extra fees in your family-based green card application. By making sure to select only one option—either adjustment of status or consular processing—you can keep your application on track and save both time and money. Always double-check your form before submitting it, and if you’re unsure, don’t hesitate to reach out for help.
Understanding Filing Fees and Payment Methods
Filing Fees for Form I-130
The filing fee for Form I-130, Petition for Alien Relative, is $675 for paper submissions and $625 for online filings as of January 2025. It is crucial to pay the correct amount because filing fees are non-refundable, regardless of the outcome of the petition. If the fee is incorrect, USCIS may reject the application, causing delays and additional costs.
Payment Methods
You can pay the filing fee using several methods:
- Check or Money Order: Payments must be drawn from a U.S. bank and made payable to the “U.S. Department of Homeland Security.” Include the applicant’s name and form title in the memo line.
- Credit or Debit Card: Complete Form G-1450, Authorization for Credit Card Transactions, and include it with your application. Accepted cards include Visa, Mastercard, American Express, and Discover.
- Online Payment: If filing online, you will be directed to pay.gov to complete your payment securely. Always verify that you are on the official site to avoid scams.
Common Payment Issues
To avoid common issues with payments:
- Ensure that checks are from a U.S. financial institution and are in U.S. dollars.
- Pay each filing fee separately if submitting multiple forms; combining payments can lead to the rejection of your entire application package.
- Double-check that all payment information is accurate and that you have used the correct payment method as specified.
Completing Form I-130 Correctly
Step-by-Step Guide
- Obtain the Latest Form: Download the most recent version of Form I-130 from the USCIS website.
- Fill Out Personal Information: Provide complete details about both the petitioner and beneficiary.
- Key Sections to Focus On:
- Part 4: Information about the beneficiary.
- Part 5: Information about your relationship with the beneficiary.
It is vital to answer all questions fully and accurately; incomplete forms can lead to delays or denials.
Double-check for Missing Signatures
Both the petitioner and beneficiary must sign Form I-130. Ensure that:
- The signatures are placed in the designated areas.
- All required signatures are present before submission.
Missing signatures can result in processing delays or outright rejection of your application.
Avoiding Misunderstandings Regarding Eligibility
Eligibility Requirements
To file Form I-130, you must meet specific eligibility criteria:
- Be a U.S. citizen or lawful permanent resident.
- Have a qualifying relationship with the beneficiary (spouse, child, sibling, etc.).
Common Eligibility Issues
Ensure you meet all criteria by:
- Review your relationship documentation thoroughly.
- Consult with an immigration attorney if unsure about your eligibility.
Proper Filing Locations
Submitting Form I-130 to the correct USCIS address is critical:
- Check the USCIS website for updated filing locations based on your state or situation.
- Submitting to an incorrect address can cause significant delays in processing times.
Confirming Filing Location
You can confirm where to file by:
- Visiting the USCIS website for specific instructions related to Form I-130.
- Contacting USCIS customer service at 1-800-375-5283 for guidance on your specific case.
Monitoring Your Application Status
Tracking your Form I-130 (Petition for Alien Relative) is essential to ensure a smooth immigration process. Here’s how to effectively monitor your application status and respond to requests from USCIS.
How to Track Your Form I-130
To check the status of your Form I-130, you can use the USCIS online portal. You will need your 13-character receipt number, which you can find on any notices sent by USCIS regarding your application. This number typically consists of three letters followed by ten digits (e.g., EAC1234567890) and is crucial for tracking your case.
- Visit the USCIS Case Status Online Tool: Go to the USCIS website and navigate to the case status section.
- Enter Your Receipt Number: Input your receipt number without dashes but include any asterisks if present.
- Review Your Case Status: The system will display the current status of your application and any next steps required.
Additionally, creating an account on myUSCIS allows you to receive updates about your case and manage multiple applications more easily.
Responding to Requests for Additional Evidence (RFEs)
If USCIS requires more information to process your application, they will issue a Request for Evidence (RFE). Responding promptly and accurately is crucial to avoid delays.
Tips for Responding to RFEs
- Read the RFE Carefully: Understand exactly what information or documentation is requested.
- Gather Evidence Promptly: Collect all necessary documents as soon as possible, ensuring they meet the specifications outlined in the RFE.
- Submit Evidence Before the Deadline: USCIS typically provides a specific timeframe for submitting requested evidence. Aim to send your response well before this deadline.
Common Mistakes to Avoid
- Incomplete Submissions: Ensure that all requested documents are included.
- Missing Deadlines: Track deadlines meticulously to avoid automatic denials.
- Incorrect Information: Double-check that all information provided is accurate and matches previous submissions.
Keeping Contact Information Updated
It’s vital to keep USCIS informed of any changes in your address or contact information.
- Notify USCIS of Changes: Use the online tools available on the USCIS website to update your contact details.
- Why It Matters: Failing to update your information can result in missed notifications or delays in processing your application.
Understanding and Responding to Notices
Receiving notices from USCIS can be daunting, but knowing how to respond can prevent unnecessary delays.
- Types of Notices:
- Notices of Action: Confirm receipt or decision on your application.
- Appointment Notices: Schedule interviews or biometrics appointments.
- Interview Requests: Require prompt attention and preparation.
- Quick Response Strategies:
- Always read notices thoroughly.
- Respond as instructed and within the specified time frame.
Addressing Mistakes or Errors in Your Form
If you realize you’ve made an error on your submitted Form I-130, it’s important to act quickly.
- Identify the Error: Determine whether it’s a minor mistake (like a typo) or a significant error (like incorrect information).
- Correcting Minor Errors: If it’s minor, you may simply notify USCIS in writing, referencing your case number.
- Resubmitting Forms: For significant errors, you may need to complete a new form and submit it along with an explanation of why you are resubmitting.
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