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  1. #1
    Join Date
    Jul 2007
    Posts
    12

    Default I-130 Petition

    We have been told that a U.S. Citizen married to an illegal immigrant should file an I 130 petition. This form apparently proves the marriage is legitimate. What purpose does this serve? Do you have to have an attorney to file this form or can it be done by an individual? The attorney wants approx. $1500 to file this form.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: I 130 Petition

    You can file it yourself, if you wish. The form and instructions are here.

  3. #3
    Join Date
    Jul 2007
    Posts
    12

    Default Re: I 130 Petition

    Thanks for the info. I checked out the form, but don't understand how it would benefit the situation. It appears to be used for bringing a relative from another country. How does it help someone who is already in the U.S. (illegally)? Thanks for your help.

  4. #4
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: I 130 Petition

    The summary of the I-130 Petition says this...

    "A citizen or lawful permanent resident of the United States may file this form to establish the relationship to certain alien relatives who wish to immigrate to the United States"

    You are the citizen, your wife wishes to "immigrate". Immigrate in this case mean may not make sense since she is here, but you can think of it as "legally immigrate"

    In conjuction with this form, your wife will need to file I485 (Permanant Residency) to adjust her status. Right now, she is "out of status" To Adjust the status, you need a reason. In your case, the reason will be "based on a petition from a US citizen relative", which is your I130 Petition

    If you wife wants to work while the I485 is in process, she should file a I765 application for employment authorization.

    You have two choices. Study the USCIS.Gov website intensely and make sure you understand all the forms and processes. It CAN be done without a lawyer, but it is a complicated process and the forms dont always seem to make sense.
    Second choice is to retain a lawyer to process all the forms. Total cost for the whole process should be between $3000 -$5000.



    This link below is basically the same site Aaron directed you to, just a different part about immigration through a family member.

    http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

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