Question:
have questions about I-130. I have
been arguing with my friend who
is trying to apply AOS for her husband
about form I-130. What we argued
about is who sign that form (at
the end of the I-130 form). She
said the immigrant (in this case
her husband) should sign the form.
Her argument is based on the sentence
above the signature line : "Your
Certification: I certify, under
penalty of perjury under the laws
of the United States of America,
that the foregoing is true an correct.
Furthermore, I authorize the release
of any information from my records
which the Immigration and Naturalization
Service needs to determine eligibility
for the benefit that I am seeking"
She said because it said "... needs
to determine eligibility for the
benefit that I am seeking". Since
her husband is seeking for the benefit
(AOS), then he should sign it. I
told her the other way. She should
be the one that signs the I-130.
My argument is because this I-130
is the petition you filled for your
husband, then you need to sign it.
Please help us, I want to clarify
also about this, because I'm in
the same situation ( I filled AOS
for my husband) except my husband
is H1B status and my friend's husband
is F-1 status with OPT.
Answer:
The husband is filing the AOS, but
the wife is filing the I-130 and
is the one seeking the immigrant
visa. She is the one who signs it.
you're right and she's wrong. the
benefit being sought with the i-130
is an immediate-relative immigrant
visa for the spouse, who would be
the beneficiary. the usc has to
sign the i-130; the foreign spouse
signs the i-485, i-131, i-765. Almost.
The husband
is the one filing for AOS, and the
wife is the one filing the I-130,
but the wife is not the one seeking
the immigrant visa. The wife is
a USC and does not need an immigrant
visa. The husband is the one who
will be seeking the immigrant visa
- after his wife obtains approval
of her I-130 petition establishing
the spousal relationship that will
allow him to apply for his immigrant
visa on the basis of being married
to a USC.
The bottom
line remains the same - the wife
signs the I-130 because it's her
petition. The benefit she is seeking
is approval for her husband to apply
for an immigrant visa on the basis
of being her husband. Just like
the I-129F, the I-130 is a petition.
The beneficiary is, of course, the
alien who is being petitioned for.
The petitioner is the USC spouse
petitioning. The benefit being that
they are allowed to enter or remain
in the US with their US spouse.
The beneficiary, as always, is the
one to benefit. Not the USC.
