What is an I-130 Petition and why is it Critical for Military Families Abroad?

When you’re stationed abroad on military service, knowing that you may be ordered to return to the United States at a moment’s notice, and leave your non-US citizen family behind, can cause untold stress and leave you unfocused on your duties. 

This is where an I-130 petition can be critical for you in ensuring that your family isn’t broken up when those orders come through. The I-130 petition form is designed for those returning to the US to establish a legitimate family relationship with a non-citizen who wants to immigrate to the United States and get a Green Card. 

In this blog, we discuss what an I-130 petition is, and how it relates to military families, along with how it allows your family to stay together when you return to the United States. 

What is an I-130 Petition?

An I-130 Petition, also known as a petition for an alien relative, is the mandatory form filed to USCIS (United States Citizenship and Immigration Services) by an active service person looking to bring their spouse or family member, such as a child under the age of 21 to the US. Its purpose is to establish and declare a familial bond with a foreign relative for immigration.

For example, if you’re currently stationed in Germany on active-duty, have gotten married during that time, and you are aware of upcoming station changes, you can file an I-130 petition for your spouse and children under 21 years old to join you on your return to the United States. 

Crucially, you must file an I-130 petition before starting the visa application for your family members, as this form tells the US government that your marriage is legal. Without it, you won’t be able to start the visa process for your spouse. 

Why is the I-130 petition critical for military families?

The reason that the I-130 petition is critical for military families is that it’s the mandatory first step in getting your foreign-born spouse or children a US visa. Whilst I-130’s can be filed for anyone looking to bring their family to America, U.S. citizens on active duty can speed up the process by filing their I-130 petition with the local consulate, such as the US Consulate in Frankfurt. 

This process is called direct consular filing (DCF) and is simply a faster way to file the I-130 petition, and is designed to allow military personnel to expedite the process so that their families are not broken when changing stations. 

What’s useful here is that instead of waiting several months for your I-130 petition to be accepted by USCIS, by filing your I-130 through the local US consulate, you lower the chances of having to leave your spouse in another country as you return to the US. 

What if I don’t have an I-130 and have a PCS come through?

If you’re in the situation where you’ve had your PCS (Permanent Change of Station) come through, and have started a family in your host country, you must still go through the correct visa process. If you haven’t already filed your I-130 petition, do not file it online yet. Instead, contact our team, who will be able to help you understand whether you qualify to file locally due to your orders. 

If you fail to complete the visa requirements and decide to bring your spouse with you on a tourist visa (ESTA, Electronic System for Travel Authorization) with the intent to stay, your spouse may be deported for visa fraud.

This is why the best course of action is to have our specialist immigration lawyers present your PCS orders to the Consulate and request “Direct Consular Filing” immediately. While this doesn’t guarantee your family can travel on the exact same flight, this expedited process is the fastest way to ensure your separation is weeks, rather than months.

Can I file an I-130 petition myself?

Although you can certainly file an I-130 petition yourself, whether that’s online or through the consulate, there is a risk that you could do it wrong and end up slowing the process down and having a longer separation than necessary. 

At Blue Lake Law, we specialize in helping military personnel and their families through every step of the visa process. We work with you to understand your needs, and have specialist experience in Direct Consular Filing, which means that you get a seamless process, so that you can focus on maintaining your duties. 

If you are about to have your station changed or have already had your PCS orders, our team can reduce the stress of ensuring your family isn’t separated for months on end. Speak to our team today to start your I-130 petition, so that you have a smooth US visa process.