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Form I-130, Petition for an Alien Relative

Form I-130, Petition for Alien Relative, Form and Fee Information

Purpose:

To establish your relationship to a relative who wishes to immigrate to the United States.

Who May File or Receive Service:

U.S. citizens residing in South Korea filing on behalf of their spouse, unmarried child under the age of 21 or parent (if the U.S. citizen is 21 years of age or older).

U.S. citizens residing in this field office’s jurisdiction but outside of South Korea may file with the Department of State only if the USCIS Seoul field office director determines that there are exceptional circumstances.

Active duty U.S. Military:  Active duty U.S. military service members stationed permanently at a military base in Japan may file this form directly with the Department of State without needing to establish exceptional circumstances.

Filing and Other Special Instructions:

If you are filing with this field office, you must submit the petition and supporting evidence in person.

Evidence of residency must be submitted with the petition. The evidence you submit must support a determination that you are a resident in South Korea.

Please Note: Certain pieces of evidence may more strongly support a finding of residency than others. For petitions filed at this field office, you must submit one or more of the following:

• Passport entry stamp(s) and visa reflecting that you are residing in South Korea and not just visiting South Korea
• Residency permit or card
• Work authorization document
• Military or government orders assigning you to reside in South Korea

In addition, other evidence of residency may include, but is not limited to:

• Utility bills
• Housing lease
• Work contract or other employment documents
• Proof of local registration
• Local bank statements
• Proof of school enrollment
• Vehicle registration
• Local driver’s license
• Tax documents listing a South Korean address
• Foreign property deeds or registration (although proof of property ownership in itself, may be insufficient if there is no evidence that the petitioner resides at that property)

Any document issued in a foreign language must be accompanied by a full English translation and by the translator's certification that he or she is competent to translate the foreign language into English. The original documents, with one copy of the original documents, and the English translation should be submitted with the petition. Any original documents submitted upon USCIS’ request will be returned.

If you live outside of South Korea in a country where we do not have an office, and you believe that exceptional circumstances justify filing your petition overseas, please go to the nearest U.S. Embassy or U.S. Consulate to make your request to file. You must provide evidence of exceptional circumstances. The consular section will contact the field office director to request permission to accept your petition overseas. If your request is denied, you will need to file with the Chicago Lockbox.

Petitions from lawful permanent residents and petitions for relatives of U.S. citizens other than those mentioned in the "Who May File or Receive Service" section must be filed with the Chicago Lockbox.