USCIS I-130 Petition

Read Frequently Asked Questions & Answers

6. If a U.S. Citizen Marries His or Her Fiancé(e) Who is in the U.S. On a K-1 Visa, Will the Fiancé(e) be Sent Back to His or Her Home Country Until the I-130 is Approved?

Actually, a foreign national fiancé(e) that entered the U.S. on a K-1 visa does not need a Form I-130 as long as the marriage takes place within 90 days of entry into the U.S.  Once the fiancé(e) is in the U.S. on a K-1 visa and the U.S. citizen and the foreign national fiancé(e) marry, the foreign national simply files Form I-485, Application to Adjust Status without leaving the U.S.

7. If a foreign national Fiancé(e) of a U.S. Citizen is Currently in the U.S. Legally on Any Type of Visa, then Marries His or Her U.S. Citizen Fiancé(e), Will He or She be Sent Back to His or Her Home Country Until the I-130 is Approved?

No, a foreign national who is in the U.S. legally and is married to a U.S. citizen does not have to leave the U.S. to complete the immigrant visa process. They may file a concurrent I-130 and adjustment of status application. There are only a couple of exceptions: if the foreign national fiancé(e) is currently in the U.S. on a J-1 visa or had one in the past, he or she may have to get a waiver before they can apply for adjustment of status; or if the marriage took place while the foreign national spouse was in exclusion or removal proceedings there is a higher standard of proof for the bona fides of the marriage; there may also be a problem if the fiancé(e) came to the U.S. on a tourist visa with the intent to get married and file for permanent residence.

8. Can the U.S. Citizen File an I-130 Petition Outside the U.S.?

Yes. If the U.S. citizen resides outside of the U.S., it may be possible for him or her to file the I-130 petition if there is a USCIS office at the U.S. Consulate serving the person’s foreign residence or if there is a need for emergent immigrant visa processing.   This is often quicker than filing the I-130 with USCIS in the U.S.

9. What is an Affidavit of Support and is an Affidavit of Support Required for the I-130?

The affidavit of support is a legally binding contract that promises the U.S. government that the beneficiary of the I-130 will not become a financial burden, i.e., will not collect welfare or public benefits until certain requirements are met. All foreign nationals immigrating via an I-130 petition must have an Affidavit of Support filed on their behalf by the U.S. citizen or permanent resident who filed the I-130 petition for them.

10. Does the U.S. Citizen or Permanent Resident Sponsor Need to File an I-134 Affidavit of Support, or the I-864 Affidavit of support for the I-130 Petition?

The U.S. citizen or permanent resident petitioner must file an I-864 Affidavit of Support.