Form I-130, Petition for Alien Relative, is the first step in family-based USA immigration. It is filed by a U.S. citizen or lawful permanent resident (green card holder) to establish a qualifying family relationship with a foreign relative.
Who can file an I-130 petition?
- U.S. citizens may sponsor their spouse, children (married or unmarried), parents, and siblings.
- Lawful permanent residents may sponsor their spouse and unmarried children.
Who can qualify as a beneficiary depends on the petitioner’s immigration status and their family relationship. Approval of the I-130 petition does not grant a green card immediately, but it is required before the relative can proceed with an immigrant visa or adjustment of status.
Three Important Things to Know About I-130 Family Sponsorship
1. Domicile Requirement
The U.S. petitioner must show that they are domiciled in the United States or intend to re-establish domicile before their sponsored relative immigrates.
- What is domicile? It means your permanent home in the U.S., where you intend to live long-term.
- Common issue: Many petitioners temporarily live abroad (e.g., in Canada with their spouse).
- How to overcome it: You can provide proof of intent to return, such as U.S. bank accounts, employment offers, U.S. tax returns, or a lease/home purchase in the United States.
2. Affidavit of Support (Form I-864) & Income Requirement
Every I-130 petition must be supported by an Affidavit of Support (Form I-864). This shows the U.S. petitioner has sufficient income or assets to support the immigrant and prevent reliance on government assistance.
- Petitioners must show income at or above 125% of the Federal Poverty Guidelines (100% for active-duty military sponsoring a spouse or child).
- If income is insufficient, assets may be counted, or a joint sponsor may be added.
3. Household Size
Household size directly affects the income threshold for the Affidavit of Support. The larger the household, the higher the required income. Household size includes:
- The petitioner and their dependents,
- Any relatives already sponsored,
- The beneficiary of the I-130 petition,
- Any other immigrants being sponsored concurrently.
Getting the household size calculation correct is crucial; mistakes here often lead to Requests for Evidence (RFEs) or delays.
Understanding domicile, income requirements for the Affidavit of Support, and accurate household size are three key factors that determine whether an I-130 family sponsorship petition will be successful.
If you are looking for a Vancouver USA immigration lawyer for I-130 petitions, our team at YA Law Corporation can help. We are located in downtown Vancouver and represent clients across Canada and internationally with U.S. family-based immigration cases. Contact YA Law Corporation today to schedule a consultation.