justinsbaby via Immigrati

the form is supposed to be if you are already in the united states .so y have
the from in the first place if you cant come here then get married .it dont
make any sense to me

Noorah101

The I-130 can be used if you are outside the USA. Your USC spouse would file the I-130 for you in the USA. Eventually it will go to the US embassy in your home country. They will send your visa application, and then you'll go to an interview for your immigrant visa. You'll get your immigrant visa and come to the USA, become a PR upon entry.

If you aren't married yet, your USC fiance(e) will file an I-129F for you in the USA. Same procedure as above...you'll eventually go to an interview and get a K-1 fiance visa. You'll use it to enter the USA and you must get married within 90 days of your arrival.

What is it that doesn't make sense to you?

Rene

Noorah101

Also, the I-130 isn't just a spouse petition. It's used for all family-based immigration (parents, siblings, children). So that's why they have the I-130, it's the petition which the USC (or PR) files in order to begin bringing a family member to the USA.

Rene

Noorah101

It's true that the I-130 is used in conjunction with someone applying for AOS, inside the USA. This applies to someone who came to the USA for another reason (such as visitor, student, or worker), and then decided to marry a USC.

It is illegal to come to the USA for the purpose of marrying and remaining in the USA. Someone who comes to the USA as a visitor, for the purpose of getting married to a USC, is supposed to go back to their home country and finish the immigrant visa process over there.

Hope that clears up your question about what the I-130 is used for.

Rene