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What Sort Of Petition Is Filed For The Family Based Immigrant Visa?


The USCIS petition number, called an I-130, is the family-based petition that a US citizen or a green card holder would have to file with the immigration service, to sponsor their family member for an immigrant visa.

Who Is Eligible To File For a Family Based Immigrant Visa?

The only individuals who are eligible to file a family-based petition to sponsor a relative are US citizens and green card holders. The green card holders can only file for their spouses or their unmarried children.

Who Is Eligible To Sponsor Someone For A Family Based Immigrant Visa?

The USCIS term for someone who is eligible to apply for a family-based visa is the sponsor. Many individuals don’t understand what sponsor means. The reason for that is because at the time when the individual gets to apply for the actual green card, there is a form called Affidavit of Support, for which they need a sponsor. People get confused what a sponsor is. Normally, a sponsor is a US citizen or a green card holder who sponsors their family member for green card.

How Does The Sponsor Actually Start The Immigration Process?

In order for a sponsor to start the immigration process, the first step for them is to file a petition for their family member. The petition number is called I-130. The sponsor attaches the necessary documents and additional forms, and then sends that package to USCIS.

What Documents Are Required For Family Based Immigration Petitions?

In order for the US citizen or the green card holder family member to file the immigrant petition, they first have to prove their relationship. For example, if a US citizen files a petition to sponsor their spouse, they have to prove that that person is their spouse, meaning they have to attach their marriage certificate. If a green card holder files a petition for their child, they have to prove their relationship, so they have to attach that child’s birth certificate to prove that they are the parent of that child. The most important documents are the ones that prove their relationship. In addition to these documents, there are many other documents that have to be attached. This is where the immigration attorney comes in to give advice to that individual, if the individual doesn’t know what documents they have to file.

What Does The Fiancé Visa Mean?

Fiancé is a category of a family member who can immigrate to the US, which has a separate, non-immigrant and immigrant type visa called a K-1. A fiancé visa can only be obtained at the American embassy abroad. For example, a US citizen is engaged to somebody who is from the Philippines. They cannot apply for a fiancé visa for the immigrant fiancé who is in the US, because the purpose of the fiancé visa is to allow them to enter the US as the fiancé of a US citizen. Since that person is already in the US, if they are a fiancé if a US citizen, they can get married and file an immigrant case while in the US. If they are abroad, the US citizen residing in the US files a petition to bring their fiancé to the US to marry them upon arrival and the fiancé from abroad needs to apply for a visa to enter the US. Only people who are abroad can apply for a fiancé visa.

A fiancé visa is a visa that allows the immigrant who is engaged to a US citizen, to enter the US as the citizen’s fiancé. Only a US citizen can file for a fiancé petition. A green card holder cannot. One of the requirements of the fiancé visa is that they have to get married within the first 90 days of the immigrant’s arrival in the United States. There are many other requirements for a fiancé visa, and in order for the US citizen to petition for their fiancé abroad, and in order for that fiancé to obtain a fiancé visa, the US citizen has to prove that he or she met their fiancé at least once during the last two years before filing that petition.

For more information on Family Based Immigration Petition, a free case evaluation is your next best step. Get the information and legal answers you are seeking by calling (646) 453-4170 today.

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