Quick questions about i-130

[Hopeworld 1]

I'm a US citizen trying to do a petition for my sister that lives in Sweden and I'm currently working on the i-130 ONLINE application.
I just have some questions and would appreciate some help.

 

Q 1:

"At which U.S. Embassy or Consulate location will the beneficiary apply for an immigrant visa?"
Since my sister doesn't live in USA, I should put her hometown in that area correct?

 

Q 2:

In the section of "Evidence" -> "Evidence to support your petition", there's 3 sections on this page:

         A) Proof of U.S. Citizenship
         B) Evidence of the end of your prior marriage(s)   (Upload documents showing that your prior marriage(s) were legally terminated.)
        C) Proof of sibling relationship

 

On B, is it asking for my divorce papers? Or my sisters?

 

Q 3:

I don't see anywhere on the application where I need to provide passport copy of my sister. Am I not supposed to provide this with the i-130 form?

By the way, you don't need to know the answers to all 3 questions to respond.
Thanks a bunch!! 😃

 

[arken 4,197]

1. You can put the name and city of the US embassy or consulate closer to her city.

2. Interesting, none of you two sibling's marital/divorce docs would be required for i130. Only if you two's common parents had previous marriages then their divorce certificates would be required.

3. Beneficiary's passport info not required if not currently or travelled previously in the US. Passport copy definitely not required at all.

[randy32 165]

Something to keep in mind.

The I-130 is used for family so it is a jack of all trade form.

 

Since this is for your sister, Divorce, marriage and stuff like that does not apply to her

[Hopeworld 1]

15 minutes ago, arken said:

1. You can put the name and city of the US embassy or consulate closer to her city.

2. Interesting, none of you two sibling's marital/divorce docs would be required for i130. Only if you two's common parents had previous marriages then their divorce certificates would be required.

3. Beneficiary's passport info not required if not currently or travelled previously in the US. Passport copy definitely not required at all.

I see so it's a copy of my OWN divorce papers they need?

[Family 3,549]

The marriage/divorce documents are helpful to send when either the Petitioner or Beneficiary’ s name is (or was at anytime) different than on  Birth Certificates, and USCIS will RFE for those if not submitted. 

[JeanneAdil 6,239]

6 minutes ago, Hopeworld said:

I see so it's a copy of my OWN divorce papers they need?

No,   the I 130 form is also used for spouse visa and if u were applying thru marriage to someone,  u would have to show any previous divorce papers

u do not have to provide divorce papers when applying for sister

[arken 4,197]

10 minutes ago, Family said:

The marriage/divorce documents are helpful to send when either the Petitioner or Beneficiary’ s name is (or was at anytime) different than on  Birth Certificates, and USCIS will RFE for those if not submitted. 

Requirements are different for different petitions. Uscis won't send RFEs on something that is not required. The sibling could be married and divorced 10 times and nothing would be required for i130. Everything will be required during NVC. 

[Hopeworld 1]

I'm so sorry I'm not fully following. So I got my greencard via marriage.  Marriage didn't work and ended many years ago.  My sister got a divorce few months ago. None of us have changed any names not even my sister prior or after her marriage.

So if it's not her divorce papers they need, and it's not mine, does it mean I should leave the information below blank ?

 

Evidence of the end of your prior marriage(s)   (Upload documents showing that your prior marriage(s) were legally terminated.)

 

[Family 3,549]

11 minutes ago, arken said:

Requirements are different for different petitions. Uscis won't send RFEs on something that is not required. The sibling could be married and divorced 10 times and nothing would be required for i130. Everything will be required during NVC. 

. My advice is based on work related experience with USCIS   RFE’s for name variations  ( for siblings) when they adjudicate. After approval , many moons and marriages may come and go but as you noted one is only required to send in NVC civil docs  specific to the case of principal and derivatives. 
 

 

[Hopeworld 1]

1 hour ago, JeanneAdil said:

No,   the I 130 form is also used for spouse visa and if u were applying thru marriage to someone,  u would have to show any previous divorce papers

u do not have to provide divorce papers when applying for sister

I'm so sorry I'm not fully following. So I got my greencard via marriage.  Marriage didn't work and ended many years ago.  My sister got a divorce few months ago. None of us have changed any names not even my sister prior or after her marriage.

So if it's not her divorce papers they need, and it's not mine, does it mean I should leave the information below blank ?

 

Evidence of the end of your prior marriage(s)   (Upload documents showing that your prior marriage(s) were legally terminated.)

[SalishSea 16,851]

3 hours ago, Hopeworld said:

I'm so sorry I'm not fully following. So I got my greencard via marriage.  Marriage didn't work and ended many years ago.  My sister got a divorce few months ago. None of us have changed any names not even my sister prior or after her marriage.

So if it's not her divorce papers they need, and it's not mine, does it mean I should leave the information below blank ?

 

Evidence of the end of your prior marriage(s)   (Upload documents showing that your prior marriage(s) were legally terminated.)

They DON'T need her divorce papers.   They DON'T need your divorce papers.

 

This petition will take 20 years for approval.  Her situation could well change by then.

[SteveInBostonI130 3,328]

4 hours ago, Hopeworld said:

I'm so sorry I'm not fully following. So I got my greencard via marriage.  Marriage didn't work and ended many years ago.  My sister got a divorce few months ago. None of us have changed any names not even my sister prior or after her marriage.

So if it's not her divorce papers they need, and it's not mine, does it mean I should leave the information below blank ?

 

Evidence of the end of your prior marriage(s)   (Upload documents showing that your prior marriage(s) were legally terminated.)

The I-130 is for all family based immigration visas.  Therefore, some questions do not apply. 

 

Birth certificates are required to petition for parents, divorce documents (as applicable) to petition for spouses, etc.

 

For sisters/brothers:

 

1) Stockholm (this is the only consulate/embassy that processes immigration visas in Sweden)

 

2) A) A copy of you unexpired passport

2) B) The petitioner's divorce documents are not required.  Parent's divorce papers may be required.  See the bold sentence, below

2) C) Sibling relationship evidence (from I-130 instructions, page 7): https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf

Quote

a copy of your birth certificate and a copy of your brother’s or sister’s birth certificate showing that you have at least one common parent. If you and your brother or sister have a common father but different mothers, submit copies of the marriage certificates showing that your father was married to each mother, as well as copies of documents showing that any prior marriages of either your father or mothers were legally terminated. 

 

3) Copy of the beneficiary's passport is required later, during the NVC stage.

[Hopeworld 1]

14 hours ago, SteveInBostonI130 said:

 

 

Hi Steven,
Thanks for your response.
I just think it's so odd to completely ignore this section and not provide my divorce paper when it specifically says:
"Evidence of the end of your prior marriage(s).   Upload documents showing that your prior marriage(s) were legally terminated."

 

It literally is telling me to do it. Obviously if I don't have to that's great because then I don't have to bug my ex wife about it 😕

It even says "If you do not provide evidence, your petition processing may be delayed."  on this section when I click on Next.

Edited April 13, 2022 by Hopeworld

[Holly&Andreas 38]

1 hour ago, Hopeworld said:

 

Hi Steven,
Thanks for your response.
I just think it's so odd to completely ignore this section and not provide my divorce paper when it specifically says:
"Evidence of the end of your prior marriage(s).   Upload documents showing that your prior marriage(s) were legally terminated."

 

It literally is telling me to do it. Obviously if I don't have to that's great because then I don't have to bug my ex wife about it 😕

It even says "If you do not provide evidence, your petition processing may be delayed."  on this section when I click on Next.

It does not apply to your situation. As others have mentioned, the I-130 is for bringing over family members of all types. I filed for my husband so I if I had a previous marriage I would have needed to include divorce papers. YOU are applying for your SISTER, so you do NOT need to include your divorce papers or your sister's. That's irrelevant since you are siblings and not spouses. I know it's scary leaving a section empty, but it doesn't apply to you. Someone did say you MAY need to include divorce papers or marriage certificates of your parents so I would keep that in mind for your situation, but there's no need for yours or your sister's divorce papers.

[Hopeworld 1]

3 hours ago, Holly&Andreas said:

It does not apply to your situation. As others have mentioned, the I-130 is for bringing over family members of all types. I filed for my husband so I if I had a previous marriage I would have needed to include divorce papers. YOU are applying for your SISTER, so you do NOT need to include your divorce papers or your sister's. That's irrelevant since you are siblings and not spouses. I know it's scary leaving a section empty, but it doesn't apply to you. Someone did say you MAY need to include divorce papers or marriage certificates of your parents so I would keep that in mind for your situation, but there's no need for yours or your sister's divorce papers.

Thanks Holly! 😃

Thank you everybody, each one of u! 😃