Question/Help with I-130

[Negrecita2007 0]

I am completing the I-130 for both of my husband's parents based on his US Citizenship and have a few questions:

Regarding the I-130 (Petition for Alien Relative)

Section D

Question #1 - If separate petitions are also being submitted for other relatives, give names of each and relationship.

- Since we are petitioning for both parents, I know that on the mother's application we would put his father's name and vice versa. However, in regards to relationship does this mean the relationship to the petitioner (my husband) or the relationship to the person that is being petitioned?

Question #2 - Have you ever filed a petition for this or any other alien?

- Both of my in-laws applied for a Tourist Visa a few years back, does this apply?

Documents you need to prove family relationship

We know we need to submit a copy of my husband's birth certificate showing my husband's name and his mother's name and the same for his father. However, it states to also provide a copy of your parents' marriage certificate to show that his father was married to his mother before my husband was born. However, in my husband's situation, this is not the case. My husband's parents were married a few years after my husband was born. What do we do in this case?

I appreciate any feedback you can provide. Thanks so much!

[Bobby+Umit 161]

1. Relationship to you (since you are petitioning them)

2. No - they are talking about if you filed petitions for them/anyone else (they filed their own visitors visa - if you did a K-1, for example, that is filing a petition for any other alien)

Still submit the marriage certificate. Has long as your husbands birth certificate list the mother/father (the same on the marriage cert), that is sufficient I would think. As I read it, as long as the marriage was before you turned 18, you would be covered.

If not, you would have to follow this in the instructions:

If you are filing for a stepparent or adoptive parent, or if you are filing for your father and were not legitimated before your 18th birthday, also see 4, 8, and 9.

Edited June 19, 2009 by Bobby_Umit

[Negrecita2007 0]

Bobby,

Thank you for your help.. Does the Marriage certificate have to be submitted? We currently don't have a copy of their MC and want to submit the paperwork.. Wouldn't the BC with both parents names suffice?

1. Relationship to you (since you are petitioning them)

2. No - they are talking about if you filed petitions for them/anyone else (they filed their own visitors visa - if you did a K-1, for example, that is filing a petition for any other alien)

Still submit the marriage certificate. Has long as your husbands birth certificate list the mother/father (the same on the marriage cert), that is sufficient I would think. As I read it, as long as the marriage was before you turned 18, you would be covered.

If not, you would have to follow this in the instructions:

If you are filing for a stepparent or adoptive parent, or if you are filing for your father and were not legitimated before your 18th birthday, also see 4, 8, and 9.

[Bobby+Umit 161]

Bobby,

Thank you for your help.. Does the Marriage certificate have to be submitted? We currently don't have a copy of their MC and want to submit the paperwork.. Wouldn't the BC with both parents names suffice?

1. Relationship to you (since you are petitioning them)

2. No - they are talking about if you filed petitions for them/anyone else (they filed their own visitors visa - if you did a K-1, for example, that is filing a petition for any other alien)

Still submit the marriage certificate. Has long as your husbands birth certificate list the mother/father (the same on the marriage cert), that is sufficient I would think. As I read it, as long as the marriage was before you turned 18, you would be covered.

If not, you would have to follow this in the instructions:

If you are filing for a stepparent or adoptive parent, or if you are filing for your father and were not legitimated before your 18th birthday, also see 4, 8, and 9.

Yes - you will need the marriage certificate.

according to the instructions:

A father: Submit a copy of your birth certificate showing the names of both parents. Also give a copy of your parents' marriage certificate establishing that your father was married to your mother before you were born, and copies of documents showing that any prior marriages of either your father or mother were legally terminated.