Filing I-130 for Unmarried Children Over 21 years of a Permanent Resident.

Asked almost 2 years ago - New York, NY

Recently got the permanent resident card and willing to file for unmarried children over 21 years. I flew back to my home country for some reason and will be back with in 6-months to USA

My Question is :

1) Does the Parent (permanent resident) needs to be physically present in USA to file I-130 for children or just need to sign the petition?

2) Is the Mother or Father going to sign the petition (I-130) ?-(Mother was Principal applicant of an F4 - I-130 petition when received the green card.)

3) Is there any financial requirements to file the petition as the parents just got in to USA?

Attorney answers (3)

  1. Veronica Tunitsky

    Contributor Level 18


    Lawyers agree

    Answered . 1. No, that comes later
    2. Petitioner signs
    3. No, that comes later.

    The point of the I-130 is to establish the qualifying relationship and alert the govt that there will be an immigrant filing of some sort when the priority date is current.

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an... more
  2. Myron Russell Morales


    Contributor Level 16


    Lawyers agree

    Answered . 1. No, you do not have to be phyically present in the US at the time of filing.
    2. The sponsoring Permanent Resident will sign the petition.
    3. Financial requirements come into play once the priority date becomes current and a permanent residence application is filed.

    Myron R. Morales, Attorney
    Morales PLLC

  3. Giacomo Jacques Behar


    Contributor Level 20


    Lawyers agree

    Answered . 1. You don't need to be physically present in the U.S., but must give a U.S. address for yourself and sign the petition.

    2. I always prefer the mother to file such a petition.

    3. All this will come years later, once the priority date becomes current. I wouldn't worry about it now. File ASAP to establish an earlier priority date!

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more

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