USCIS I-130 Petition

Read Frequently Asked Questions & Answers

16. Does Everyone Filing the I-130 Petition Have to Have an Interview?

Yes. Everyone with an approved I-130 will at some time have an interview with either a consular officer or a USCIS officer before the foreign national relative can receive a green card.


17. Who Needs to be Present at the Interview?

If the foreign national relative is outside the U.S., only the foreign national can customarily attend the interview.  If the alien relative is inside the U.S., then both the relative and the U.S. citizen or legal permanent resident petitioner must be present at the interview.


18. If the Foreign National Relative’s Immigrant Visa is Approved at the Interview, will He or She Receive His or Her Green Card the Same Day?

That depends. If the foreign national relative is in the U.S., he or she may receive an I-551 stamp in his or her passport the same day of the interview if the I-130 and I-485 can be approved, which can be used just like a green card until he or she receives the actual green card later by mail. If the foreign national relative is outside the US, he or she will be issued an immigrant visa that will be shown to an Immigration Inspector at the port of entry.  The Inspector will stamp the foreign national’s passport and the stamp in conjunction with the visa can be used just like a green card until he or she receives the actual green card by mail.


19. If the Foreign National Relative is Outside the U.S., and is Issued an Immigrant Visa, How Long is an Immigrant Visa Good For?

The immigrant visa is valid for entry for 6 months. The foreign national relative will have to immigrate to the U.S. before the 6 month period expires or he or she will lose the visa, and will have to start the process ALL over again!


20. Is I-130 Petition Approval Required for K-3?

No, I-130 approval is not required to get a K-3 visa, however, in order to file a K-3 petition, it is required that the U.S. citizen already have filed an I-130 for his or her spouse filed and pending.