I-130 Petition For Alien Relative

Frequently Asked Questions & Answers

6. Why is Form I-864, Affidavit of Support, required in support of the immigration Form I-130, Petition for Alien Relative?

An affidavit of support is a guarantee to the U.S. government that a Green Card applicant will not become a public charge. The affidavit could be offered by the Green Card sponsor or someone who could provide financial assistance to the applicant in the event that such help would be necessary.

7. As a petitioner, do I need to submit Form I-864, Affidavit of Support, in support of my Form I-130 if I have not worked in the past three years?

All petitioners, regardless of whether or not they have been working or living in the U.S. since the past three years must submit a notarized Form I-864, Affidavit of Support, for the beneficiaries of your petitions.

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8. What happens if the Form I-130, Petition for Alien Relative, beneficiary misses the interview appointment?

If the beneficiary misses the interview appointment, the Immigrant Visa Unit will reschedule the interview appointment, generally one or two months from the date when the new appointment is requested. The beneficiary will be notified by mail of the new date.

9. What is Administrative Processing for Form I-130, Petition for Alien Relative, and how long does it take?

Administrative Processing usually refers to a legally mandated security check the Department of State must do for all applicants or beneficiaries over the age of 16. It is a routine process that is done automatically and, if it was performed more than a year ago, may need to be updated. The process normally takes four to six weeks.

10. Can an attorney accompany the beneficiary during the immigrant visa interview at the Consulate?

This depends on the Consulate. Some Consulates allow an attorney to be present during the interview but not participate until the interview is completed.