A Step by Step Guide

Getting an approved Form I-130, Petition for Alien Relative, is a big deal when it comes to reuniting with your loved ones in the US. But it’s just the beginning of a long process. This guide will walk you through what to do after I-130 is approved, what documents you need and other things to consider to make the process smooth.

What is Form I-130?

First let’s talk about Form I-130. Form I-130, Petition for Alien Relative is used by US citizens or lawful permanent residents (LPRs) to establish a qualifying relationship with a family member who wants to immigrate to the US. Only individuals with United States citizenship or lawful permanent residents can file this form on behalf of their relatives.

Filing the I-130 with U.S. Citizenship and Immigration Service (USCIS) is the first step towards getting a green card (lawful permanent residence).

Who Can I Sponsor with Form I-130?

US Citizens and US Permanent Residents can sponsor certain relatives, divided into two categories: Immediate Relatives and Family Preference.

Immediate Relatives

No wait times for this category which includes:

  • Spouse of a US citizen (IR1).
  • Parents of US citizens (IR5) (petitioner must be 21 or older).Unmarried children under 21 of a US citizen (IR2).
  • Orphans adopted abroad (IR3) or in the US (IR4) by US citizens.

Family Preference Categories

These categories are subject to annual limits and have to wait for a visa number (which can take years)

  • F1: Unmarried adult sons/daughters (21 or older) of US citizens.
  • F2A: Spouses and unmarried children (under 21) of lawful permanent residents (LPRs).
  • F2B: Unmarried adult sons/daughters of LPRs.
  • F3: Married sons/daughters of US citizens.
  • F4: Siblings of US citizens (petitioner must be 21 or older

How long does it take for I-130 approval by USCIS?

Factors to Consider:

  1. Immigration Category: Immediate Relative vs. Family Preference.
  2. Beneficiary’s location: Inside or outside the US.
  3. USCIS Processing Center: Processing times vary by location.

Approximate Processing Times:

Processing times can range from 5 months to several years depending on the category and USCIS center. For the most up to date information, check the USCIS Case Processing Times tool.

How do I know if my I-130 was approved?

How to confirm I-130 approval:

1. Online:

  • Use the USCIS Case Status Tool.
  • Enter your receipt number (located on your Form I-797 receipt notice).
  • Click “Check Status” for updates on your petition.

2. Call USCIS:

  • Call theUSCIS Customer Servicenat 1-800-375-5283.
  • Provide the necessary information (e.g., receipt number, petitioner’s details).

3. Wait for Official Notice:

USCIS will send you Form I-797, Notice of Action, approving your petition. Keep this document as it has important information such as your case number and next steps.

If you haven’t received it but see “approved” online, call USCIS to request a copy.

What does I-130 approval mean?

Key Points:

  1. I-130 approval only confirms the relationship but does not grant a green card or visa.
  2. You need to determine if the next steps can be taken immediately or if you need to wait for your priority date to become current.
  3. Approval does not allow the beneficiary to stay in the US legally without proper status.

What’s Next?

After I-130 approval, the next steps depend on:

  • Beneficiary’s location: Inside the US (Adjustment of Status) or outside the US (Consular Processing). Immigration services play a crucial role in guiding applicants through these processes.
  • Immigration Category: Immediate Relatives can proceed immediately while Family Preference beneficiaries have to wait.

Immediate Relatives: Next Steps (Visa Number Always Available)

Some family members of US citizens can proceed immediately after Form I-130 approval:

  • Spouses
  • Unmarried children under 21
  • Parents

No visa limits; go to next step.

Options:

  • Adjustment of Status (AOS): If the beneficiary is in the US.
  • Consular Processing: If the beneficiary is outside the US.

Family Preference Category Priority Date Waiting Period

For other relatives, such as siblings or married children, there is a waiting period — which can be many years. This depends on the family preference category and the Visa Bulletin.

Categories that require a current priority date:

  • Spouses and unmarried children under 21 of permanent residents (F2A).
  • Unmarried children over 21 of permanent residents (F2B).
  • Married children of US citizens (F3).
  • Siblings of US citizens (F4).

If your priority date is not current, you must wait before you can proceed to the next step.

Visa Bulletin and Priority Dates

What is the Visa Bulletin:

  • The Visa Bulletin tracks the availability of immigrant visas for Family Preference categories.
  • Check your priority date (the date the I-130 was filed) against the “Final Action Dates” chart in the Visa Bulletin.

How to Check Visa Availability:

  • Visit theVisa Bulletin.
  • Go to the Final Action Dates for Family-Sponsored Preference Cases table.
  • Check your priority date (on your I-130 approval notice) against the dates for your category and country of origin.

If current, go to next step. If not, wait.

Adjustment of Status or Consular Processing

If the beneficiary is an immediate relative (spouse, parent or unmarried child under 21 of a US citizen) or the beneficiary’s priority date is current according to the Visa Bulletin, then you can go to next step.

Adjustment of Status (AOS):

AOS is available for beneficiaries who are physically present in the US and meet the following:

  1. Lawful Entry: Beneficiary entered the US with inspection and was either admitted or paroled.
  2. Current Visa Number: Immediate relatives don’t need to wait, but family preference beneficiaries must have a current priority date.
  3. Nonimmigrant Compliance: The beneficiary must not have violated their visa terms, such as unauthorized employment (with some exceptions for immediate relatives).

Consular Processing (Outside the US):

For beneficiaries outside the US, Consular Processing involves applying for an immigrant visa at a US embassy or consulate. This path also applies to beneficiaries in the US who are not eligible for AOS.

Steps for Consular Processing

Step 1: NVC Processing

After USCIS approves the petition, the case is sent to the National Visa Center (NVC) for processing (if the beneficiary is abroad).

  • NVC Responsibilities:
  • Process the case for immigrant visa.
  • Collect fees, supporting documents and visa application forms.

Step 2: Get NVC Case Number and Welcome Letter

  • What happens:
  • NVC assigns a case number and sends a welcome letter with instructions.
  • Letter includes login details for the Consular Electronic Application Center (CEAC).

Step 3: Pay Fees

You must pay:

  1. Immigration visa application fee, which is one of the financial obligations that must be fulfilled during consular processing.
  2. Affidavit of Support Fee (Form I-864).

Fees are paid through the CEAC website.

Step 4: Submit Forms and Supporting Documents

DS-260 (Immigrant Visa Application):

  • Fill out the DS-260 formonline at the CEAC portal.
  • Personal details, employment history and travel history.
  • Save the confirmation page for your records.

Form I-864 (Affidavit of Support):

  • Form I-864 is completed by the petitioner to show financial ability to support the beneficiary.
  • Include supporting documents:
  • Tax returns.
  • W-2s or 1099s.
  • Proof of employment.

Civil Documents:

Upload or mail required civil documents, such as:

  • Birth certificates.
  • Marriage/divorce certificates.
  • Police clearance certificates.
  • Military or court records (if applicable).

Step 5: Medical Examination

  • Schedule an exam with an embassy approved doctor.
  • Get all required vaccinations.
  • Bring the medical report to your visa interview.

Step 6: Schedule and Attend the Consular Interview

Preparing for the Interview:

  • Bring the following:
  • NVC appointment letter.
  • Passport (valid for at least 6 months).
  • DS-260 Confirmation Page.
  • Civil documents (originals and photocopies).
  • Medical report (sealed).

What happens during the interview:

  • Answer questions about your relationship with the petitioner.
  • Provide additional documents if asked.

If the visa is approved, the passport will be returned with an immigrant visa stamp.

Step 7: USCIS Immigrant Fee

Step 8: Enter the US

  • Use the immigrant visa to enter the US.
  • Upon entry, you will be a lawful permanent resident (green card holder).
  • Green card will bemailed to the US addresslisted in your application.

Steps for Adjustment of Status (In the US)

Step 1: Prepare for AOS

Adjustment of Status is the process of applying for a green card while in the US.

AOS Eligibility:

  • Physical presence in the US.
  • Lawful entry (inspected and admitted or paroled).
  • No significant immigration violations (overstay or unauthorized work may disqualify some applicants).

Avoid the 90-Day Rule

If you entered the US on a “single intent” visa (e.g., B-2, F-1), do not file Form I-485 within 90 days of your last entry or you may be suspected of misrepresentation.

Documents for Adjustment of Status

If the beneficiary is in the US and eligible for Adjustment of Status (AOS), prepare:

Forms:

  • I-485: Green card application.
  • I-864: Affidavit of Support.
  • I-693: Medical Examination Form.
  • I-765(optional): Work permit.
  • I-131 (optional): Travel document.

Personal Documents:

  • Passport.
  • Birth certificate.
  • Passport sized photos (as per USCIS specs).

Marital Documents (if applicable):

  • Marriage certificate.
  • Divorce or death certificates for previous spouses.

Financial Documents:

  • Recent tax returns.
  • Proof of employment.
  • Bank statements or financial affidavits.

Criminal Records (if applicable):

  • Police certificates.
  • Certificates of rehabilitation.

Medical Examination (Form I-693)

All green card applicants must have a medical exam to meet health requirements.

What to do:

  • Use the Find a Doctor Toolto find a USCIS approved doctor.
  • Bring all vaccination records and ID.
  • The doctor will do physical exams, blood tests and review vaccination history.
  • You will receive a sealed I-693 to include in your application.

Step 4: Biometrics Appointment

  • Attend the scheduled Biometricsappointment for fingerprints and photo.
  • Reschedule if needed before the appointment.

Step 5: Respond to RFE

Step 6: Interview at USCIS Field Office

  • Attend if required.
  • Bring original documents, interview notice and valid ID.

Step 7: Get your Green Card

  • Once approved, green card will be mailed to you within a few weeks.

What if my I-130 is denied?

If USCIS denies your I-130, you can:

  1. Appeal: File I-290B within 30 days of denial.
  • Appeals are reviewed by the USCIS Administrative Appeals Office (AAO).
  1. Judicial Review: If AAO denies your appeal, you can file in federal court.

Next Steps After Green Card

Once you get your green card you can:

  • Apply for a Social Security Number.
  • Apply for a driver’s license.
  • Travel internationally (for short trips).

Selective Service

  • Males 18-26 must register for Selective Service.

Removing Conditions on Residency

  • If you get a conditional green card (2 year card) file Form I-751 to remove conditions 90 days before it expires.

Citizenship

  • Spouses of U.S. citizens: 3 years.
  • Others: 5 years of permanent residency.

Special Notes about I-130 and Green Cards

Special Notes for Family Preference Categories

  • If the beneficiary is in a family preference category they must wait for their priority date to become current before proceeding with consular processing.

    How to Check Priority Date:

    1. Find your priority date on the I-797 approval notice.
    2. Check the Visa Bulletin published by the Department of State to see when your priority date becomes current.

Country Caps:

  • Countries like India, Mexico and the Philippines may have longer wait times due to high demand and per-country caps.

Waivers for Unlawful Entry:

Bottom Line

  • Immediate Relatives (spouses, children under 21, and parents of U.S. citizens) can move forward after I-130 approval.
  • Family Preference Beneficiaries must wait for visa availability which can be months or years depending on the category.
  • Stay on top of things by submitting forms and documents promptly and keep in touch with the NVC.
  • Make sure all steps, including the consular interview and medical exam, are done correctly to avoid delays.

FAQs Regarding What Happens After I-130 Approval

I-130 Approval General Questions

  1. What does it mean when my I-130 is approved?
  • Approval means USCIS has confirmed the petitioner’s relationship with the beneficiary. But it does not grant work, travel or permanent residence in the U.S. Approval is the first step in the green card process.
  1. Is an approved I-130 the same as a green card?
  • No. I-130 approval confirms the relationship but does not grant lawful permanent resident status or green card. More steps, such as filing I-485 (AOS) or Consular Processing, are required.
  1. How will I know if my I-130 is approved?
  • You will receive I-797, Notice of Action, from USCIS. You can also check your case status online using the receipt number from your I-797.
  1. What happens if I do nothing after I-130 approval?
  • If no further action is taken, the case will be closed. For family preference beneficiaries, the petition will stay at the NVC for some time but action is required to move forward.
  1. Can I expedite I-130 approval?
  • USCIS may expedite under certain circumstances such as urgent humanitarian needs, military deployment or severe medical emergencies. Evidence is required.

FAQs for Adjustment of Status (AOS) Applicants

  1. What is Adjustment of Status (AOS)?
  • AOS is the process of applying for a green card from within the U.S. without having to go back to your home country. It’s available to beneficiaries who meet the eligibility criteria.
  1. Who is eligible for AOS after I-130 approval?
  • To apply for AOS, you must:
  • Be in the U.S.
  • Have entered lawfully (e.g. on a visa or parole).
  • Have an immediate visa number (applies to family preference beneficiaries only).
  • Not have disqualifying immigration violations (some exceptions apply).
  1. Can I apply for AOS on a tourist visa or ESTA?
  • If you entered the U.S. on a nonimmigrant visa or under the Visa Waiver Program (ESTA), you can apply for AOS but you must prove you did not intend to adjust status at the time of entry. Filing within 90 days of entry may trigger the 90-day rule.
  1. Can I apply for AOS if I overstayed my visa?
  • Immediate relatives (spouse, parent or unmarried child under 21 of a U.S. citizen) can apply for AOS even if they overstayed. Family preference beneficiaries must generally maintain lawful status to be eligible.
  1. What forms are required for AOS?
  • Form I-485: Application to Register Permanent Residence or Adjust Status.
  • Form I-864: Affidavit of Support (filed by petitioner).
  • Form I-693: Medical Examination and Vaccination Record.
  • Optional Forms:
  • Form I-765 (Employment Authorization).
  • Form I-131 (Travel Document/Advance Parole).
  1. Can I work while my AOS application is pending?
  • Yes, you can file for an Employment Authorization Document (EAD) with your AOS application.
  1. Do I need a medical exam for AOS?
  • Yes, a medical exam by a USCIS-approved doctor is required. The doctor will complete Form I-693 which must be submitted in a sealed envelope.
  1. Will I have to go to an interview for AOS?
  • Most AOS applicants will have to attend an interview. USCIS may waive the interview for certain categories such as parents of U.S. citizens or minor children.
  1. How long does AOS take after I-130 approval?
  • Timeframe varies but generally 12-18 months from filing Form I-485 to green card approval.

FAQs for Consular Processing Applicants

  1. What is Consular Processing?
  • Consular Processing is the process of applying for an immigrant visa at a U.S. embassy or consulate in your home country after I-130 approval.
  1. What happens after USCIS approves my I-130 and sends my case to NVC?
  • NVC assigns a case number and sends a Welcome Letter with instructions for the next steps, including paying fees, submitting documents and completing the visa application.
  1. How do I pay NVC fees?
  • Fees, including the Immigrant Visa Fee ($325) and Affidavit of Support Fee ($120) are paid through the Consular Electronic Application Center (CEAC).
  1. What forms are required for Consular Processing?
  • Form DS-260: Immigrant Visa Application.
  • Form I-864: Affidavit of Support (filed by the petitioner).
  1. What documents are required for NVC?
  • Birth and marriage certificates.
  • Police clearance certificates.
  • Valid passport.
  • Divorce or death certificates, if applicable.
  1. Do I need a medical exam for Consular Processing?
  • Yes, you will need to have a medical exam with a U.S. embassy-approved doctor in your home country. Results will be submitted to the embassy.
  1. What happens during the consular interview?
  • You will attend an interview at the U.S. embassy or consulate. Bring all required documents including the DS-260 confirmation page, medical exam results and supporting documents. The consular officer will decide whether to issue the visa.
  1. How long is the immigrant visa valid?
  • Typically 6 months from date of issuance. You must enter the U.S. before it expires.
  1. What happens after I enter the U.S. on an immigrant visa?
  • You will become a lawful permanent resident upon entry. The physical green card will be mailed to the U.S. address provided in your application.

FAQs About Priority Dates and Visa Bulletin

  1. What is a priority date?
  • The priority date is the date USCIS received your I-130 petition. It’s the date you are in line for visa availability under the family preference categories.
  1. How do I know if my priority date is current?
  • Check the Visa Bulletin published monthly by the U.S. Department of State. Compare your priority date with the dates listed under your category and country.
  1. What happens if my priority date isn’t current?
  • You will have to wait until your priority date becomes current to proceed with Consular Processing or Adjustment of Status.

General

  1. Can I file I-130 and I-485 at the same time?
  • Yes, concurrent filing is allowed for Immediate Relatives of U.S. citizens when a visa number is always available.
  1. Can I-130 be transferred to a different USCIS office or embassy?
  • Yes, under certain circumstances you can request a transfer if you or the beneficiary moves.
  1. What if I change my address after I-130 approval?
  • Update your address using Form AR-11 so you receive all correspondence.
  1. What if my I-130 beneficiary has a criminal record?
  • A criminal record may affect eligibility but waivers may be available depending on the offense. Consult an immigration attorney.
  1. Can I withdraw an I-130 after approval?
  • Yes, you can withdraw a petition by submitting a written request to USCIS. However, this may affect the beneficiary.
  1. Can I expedite Consular Processing?
  • Expedites are granted in emergency situations such as medical emergencies, humanitarian needs or military deployment.
  1. Can my I-130 approval expire?
  • An I-130 petition is valid indefinitely as long as the petitioner is eligible, but delays in further processing may result in the case being closed.
  1. Can my I-130 be denied due to a criminal record?

A criminal record may impact approval but doesn’t automatically deny. Legal advice is necessary to address your situation.

35. How long to get a green card after I-130 approval?

  • Immediate Relatives: 12-24 months, regardless if in the U.S. or abroad
  • Family Preference: Varies based on visa availability, 2-20+ years.
  1. How long does USICS take to adjudicate the I-130?

Varies by category and service center, few months to several years.

  1. Can I visit the U.S. after I-130 approval?

Yes, if you have a U.S. visa. and CBP determines you are not an intending immigrant on that trip and otherwise eligible to enter.

38. How long to get a green card after I-130 approval?

  • Immediate Relatives: Can proceed immediately if in the U.S. or abroad.
  • Family Preference Categories: Varies widely, months to over 10 years based on visa availability and country limits.

39. What if my visa is denied?

  • You can appeal or reapply depending on the denial reason.

Why Legal Help Matters

The immigration process is complicated. An experienced immigration attorney will make sure your case is done correctly and efficiently to minimize delays and get approved. You are invited to contact Herman Legal Group to help you along the way.

Get started today.

The post 10 Steps To Undertake After Your I-130 Petition Is Approved appeared first on Herman Legal Group.