If you have family living outside of the United States, you may want to petition for them to come to the U.S. and receive a green card. If you are a United States citizen, it is possible for you to file form I-130 for a stepparent so that they can legally come to the U.S. However, it can be a bit more challenging to petition for a stepparent, so you need to understand the type of documentation you need to provide when petitioning. Here is everything you need to know about petitioning for a stepparent and the requirements for form I-130.
Can You File Form I-130 For a Stepparent?
If you have a stepparent that you want to bring to the U.S. to get a green card, the good news is that there is a way of petitioning for step parents. You will need to file form I-130, following the basic requirements for I-130, as well as providing the specific types of documents required for stepparents. The main thing to remember when petitioning for a stepparent is that you have to prove that the relationship is legitimate and not fabricated for the purposes of immigration.
Before you begin this process, you need to hire an immigration attorney who can ensure you follow the immigration steps correctly. An attorney can help you find the necessary form I-130 supporting documents as well as help you address any issues that may come up, such as needing to provide additional evidence.
How to File Form I-130
The first thing you need to know about form I-130 is that, as the petitioner, you need to be a U.S. citizen who is at least 20 years old. If you want to petition for a stepparent, the marriage between your stepparent and your biological parent had to have occurred before you were 18 years old.
If you meet the basic qualifications as a petitioner, here are the steps you need to take to file form I-130:
- Filing online: The easiest way to fill out form I-130 is to do so online through the USCIS website. You will need to follow the steps provided in the document and answer all of the questions as well as attach the required documentation. When you fill out online, you can also receive alerts regarding your immigration case and you can check your status.
- Filing by mail: If you choose to file form I-130 by mail, you need to first verify what address to send the petition to. You also need to print out form I-130 and fill it out as well as providing copies of important documents. Keep in mind that when you file by mail, it could take longer for the immigration process depending on mailing times.
You will need to be prepared to pay a non-refundable payment of $675 when you file form I-130. You can pay via check or credit card, and you will need to pay for each separate form if you are filing multiple I-130s for different family members. Something to keep in mind is that the USCIS filing fees can change, so you may want to verify that the filing fee hasn’t been lowered or increased.
Documents For Form I-130
One aspect of filing form I-130 that can be confusing is the required documents. There are several important documents you need to provide that prove your eligibility as a petitioner, as well as proving that the relationship is legitimate. Here are the main documents you will need to provide with your petition:
- Proof that a legally valid relationship exists.
- Proof that the relationship isn’t fraudulent.
- Proof of the nationality of the person seeking the green card.
- Prove that the sponsor is a U.S. citizen or a green card holder.
- Proof of any name changes for the sponsor or person who is seeking the green card if applicable.
Additional documentation you need to provide is your birth certificate and the civil marriage certificate of your birth parent and your stepparent. You may also need to provide any divorce decrees, death certificates, or annulment decrees if these apply to your situation.
If you do not have all of the required documentation, you may be able to provide alternative documents, which are also called secondary evidence. This is a helpful option if you are not able to access certain documents or if they have been lost. You need to hire an immigration attorney to help you with this process, as they will have an understanding of the types of documents you can provide as alternatives.
How to Avoid Common I-130 Petition Mistakes
Before you begin the process of petitioning for your stepparent, you need to hire an immigration attorney, as they will understand how this process works. You also need to be prepared beforehand and have all of the required documents so that the process goes smoothly and quickly. You may want to start gathering documentation several months in advance, as this may take time if you need to source different documents from outside of the country.
It is also highly recommended that you file online rather than filing by mail. There is always a risk of your petition being lost in the mail or delayed and it can take longer if you need to provide additional evidence. When you file online, it is easier to provide new documentation or alternative documents and there is less risk of your petition being lost or illegible.
If any of your documentation is not in English, you will need to have it translated beforehand. You should also double-check any translated documents for errors and go over your petition to ensure it is correct and free of common errors such as outdated information, incorrect names, or spelling mistakes.
Hire an Immigration Attorney Today
Do you want to sponsor your stepmother or stepfather so they can get a green card? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
