Form I-130 Explained: Petitioning for Your Family Member

Navigate Form I-130 with our easy guide! Learn who can sponsor relatives for a green card, and how to start the process.

If you're a U.S. citizen or a Lawful Permanent Resident (a.k.a. green card holder) wanting to help a close family member get a green card, Form I-130, Petition for Alien Relative, is most likely where you’ll want to start. It’s basically a way to say to the U.S. government, "Hey, this person is my relative, and I will vouch for them to get a green card."

This guide will walk you through what Form I-130 is for, who can file it, who can be sponsored, what you’ll need, and what happens after you send it in.

Disclaimer: This article is for educational purposes only and is not a substitute for legal advice from a licensed immigration attorney.

What's the Main Goal of Form I-130?

The whole point of Form I-130 is to prove to U.S. Citizenship and Immigration Services (USCIS) that a valid family relationship exists between you (the petitioner) and your relative (the beneficiary) who wants to immigrate. An approved I-130 doesn't guarantee a green card, but it’s the critical first step that gets them a place in line.

Who Can File Form I-130? (The "Petitioner")

To file Form I-130 for a relative, you (the petitioner) must be either:

• A U.S. Citizen
• A Lawful Permanent Resident (LPR), also known as a green card holder.

Your status will determine which relatives you can petition for.

Which Relatives Can You Sponsor with Form I-130? (The "Beneficiary")

This is where your status as a U.S. citizen or LPR really matters:

If you are a U.S. Citizen, you can file Form I-130 for your:

• Spouse
• Children (unmarried and under 21)
• Unmarried sons or daughters (21 or over)
• Married sons or daughters (any age)
• Parents (if you, the U.S. citizen petitioner, are 21 or older)
• Brothers or sisters (if you, the U.S. citizen petitioner, are 21 or older)

If you are a Lawful Permanent Resident (LPR), you can file Form I-130 for your:

• Spouse
• Unmarried children (under 21)
• Unmarried sons or daughters (21 or over)

Important Note on "Immediate Relatives": For U.S. citizens, spouses, unmarried children under 21, and parents are considered "immediate relatives." This is great because there are no annual limits on visas for immediate relatives, so they generally don't have to wait for a visa to become available after the I-130 is approved (though processing times still apply). Other categories (like siblings or adult children) are "preference categories" and often have waiting times determined by the Visa Bulletin.

Relatives Who Generally CANNOT Be Sponsored Directly Through Form I-130

It's also good to know who you can't directly petition for with an I-130:

• Grandparents
• Grandchildren (unless specific adoption laws apply or through a different process after their parent immigrates)
• Aunts or uncles
• Nieces or nephews
• Cousins
• In-laws (father-in-law, mother-in-law, etc.)

These relatives might be able to immigrate through other means, perhaps if another eligible relative petitions for them.

How Much Does It Cost to File Form I-130? (As of May 2025)

As of May 30, 2025 (and always double-check the official USCIS website before filing as fees can change):

• Filing Form I-130 online: $625
• Filing Form I-130 by paper (mail): $675

Remember, this fee is non-refundable, even if your petition is denied.

Key Documents You'll Need to File Form I-130 

The exact documents depend on your status and the relative you're petitioning for, but here's a general checklist of what you'll likely need to gather:

• Proof of Your Status (the Petitioner):
  
  • If U.S. Citizen: A copy of your birth certificate (if born in the U.S.), Certificate of Naturalization, Certificate of Citizenship, U.S. passport biographical page, or Consular Report of Birth Abroad.
  • If Lawful Permanent Resident: A copy of your Green Card (Form I-551, front and back) or a copy of your foreign passport with the stamp showing temporary evidence of LPR status.
• Proof of the Beneficiary's Identity and Nationality:
  
  • A copy of their birth certificate.
  • A copy of their passport biographical page.
• Proof of the Qualifying Family Relationship: This is super important!
  
  • For a Spouse:
    
    • A copy of your marriage certificate.
    • Proof that any previous marriages for either of you were legally terminated (e.g., divorce decrees, annulment documents, or death certificates).
    • Evidence of a bona fide (real) marriage (e.g., photos together over time, joint bank account statements, joint leases or mortgages, birth certificates of children you have together, affidavits from friends/family).
  • For a Child/Parent:
    
    • A copy of the child's birth certificate listing you (and/or your spouse, if applicable) as the parent.
    • If petitioning for a parent, your birth certificate showing their name(s).
    • If petitioning for an adopted child or adoptive parent, adoption decrees and other relevant legal documents.
    • If petitioning for a stepchild or stepparent, marriage certificate proving the marriage that created the step-relationship occurred before the child turned 18.
  • For a Sibling:
    
    • Your birth certificate and your sibling's birth certificate showing you have at least one common parent.
    • If you have different last names or only one common parent, you might need additional documents like marriage certificates of parents or adoption papers.
• Passport-Style Photos: Sometimes required for you and/or your relative, especially if filing for adjustment of status concurrently or for consular processing later. Check the specific I-130 instructions.
• Name Change Documents: If either you or your relative has legally changed names (e.g., through marriage or court order), provide copies of those documents.
• The Completed Form I-130: Make sure it's the latest edition from the USCIS website, signed and dated.

Always check the most current Form I-130 instructions on the USCIS website for the definitive list of required documents for your specific situation.

How to File Form I-130: The Basic Steps

1. Complete Form I-130: Fill it out accurately and completely. You can type it or hand-write your answers (legibly!) in black ink. 
2. Gather Your Supporting Documents: Collect all the necessary documents from the checklist above that apply to your situation. Make sure you have clear copies.
3. Pay the Filing Fee: Pay the correct fee (As of June 2025, $625 for online, $675 for paper, as of this writing).
4. File Your Petition:
   
   • Online: You can file Form I-130 online through a USCIS online account for most categories. This is often the preferred method.
   • By Mail: If filing by paper, mail your completed Form I-130, the fee, and all supporting documents to the correct USCIS Lockbox facility address listed in the form instructions.

Crucial Tip (Newer Requirement): When you file, you must clearly indicate whether your relative will apply for their immigrant visa at a U.S. consulate abroad (consular processing) or if they are in the U.S. and will apply to adjust their status to a green card holder (adjustment of status). 

What Happens After You File Form I-130?

Once USCIS receives your I-130 petition, here’s a general idea of what to expect:

1. Receipt Notice: You'll get a Form I-797C, Notice of Action, confirming they've received your petition. This will include a receipt number you can use to track your case status online.
2. Review for Completeness: USCIS will check if your petition is properly filed with the required initial evidence and fee.
3. Biometrics Appointment: This is generally not required for the petitioner of an I-130, but may come later for the beneficiary in subsequent steps.
4. Request for Evidence (RFE): If USCIS needs more information or documents, they'll send you an RFE. Respond to it promptly and thoroughly.
5. Interview (Maybe): While not always required for I-130 petitions themselves, USCIS might schedule an interview, especially for marriage-based petitions, to verify the authenticity of the relationship.
6. Decision (Approval or Denial):
   
   • If Approved: Great! This means USCIS agrees you have a qualifying relationship.
     
     • If your relative is outside the U.S. (or will be consular processing), USCIS sends the approved petition to the Department of State's National Visa Center (NVC). The NVC will then contact your relative to begin the immigrant visa application process.
     • If your relative is inside the U.S. and eligible, they may be able to file Form I-485, Application to Register Permanent Residence or Adjust Status, to get their green card without leaving the country. This depends on visa availability (check the Visa Bulletin!).
   • If Denied: USCIS will send a letter explaining the reasons. You may have options to appeal or file a motion to reopen/reconsider, or you might need to refile.

How Long Will It Take? (I-130 Processing Times)

Processing times for Form I-130 sadly vary quite a bit, from several months to over a year (or even longer). How long the processing takes depends on the petitioner's status (U.S. citizen or LPR), the relationship category, the specific USCIS service center handling the case, and their current workload.

You can check estimated processing times on the USCIS website, but remember these are just estimates.

Form I-130 in Action: Meet Maria and Luis (A Fictional Example)

Let's imagine a person named Maria, a U.S. citizen living in California, who recently married Luis. Luis is currently living in his home country, Mexico. Maria wants to bring Luis to the United States to live with her permanently.

Here’s a simplified look at how Maria might use Form I-130:

1. Maria Gets Started (The Petitioner):
   
   
   
   • As a U.S. citizen, Maria is eligible to petition for her spouse, Luis.
   • She goes to the official USCIS website and downloads the latest edition of Form I-130 and its instructions.
2. Filling Out Form I-130 and Gathering Documents:
   
   
   
   • Maria carefully fills out Form I-130, providing all the required information about herself and Luis.
   • She indicates that Luis will be applying for his immigrant visa at a U.S. consulate in Mexico (this is "consular processing").
   • She gathers her supporting documents. For her and Luis, this would include:
     
     • A copy of her U.S. birth certificate (to prove her U.S. citizenship).
     • A copy of their official marriage certificate.
     • Proof that any previous marriages for either of them were legally ended (luckily, this is the first marriage for both).
     • Evidence that their marriage is genuine (bona fide), not just for immigration purposes. This might include photos of them together over time, correspondence, travel itineraries from visits, and maybe affidavits from friends or family who know them as a couple.
3. Paying the Fee and Filing:
   
   
   
   • Maria checks the current USCIS filing fee for Form I-130. As of May 2025, if she files online, it's $625.
   • She decides to file online through her USCIS account, uploads her completed Form I-130, all the supporting documents as clear digital copies, and pays the fee.
4. What Happens After Maria Files:
   
   
   
   • Receipt Notice: Soon after filing, Maria receives an official receipt notice (Form I-797C, Notice of Action) from USCIS. This notice includes a receipt number, which she can use to track the status of her I-130 petition online.
   • Processing: USCIS will review her petition and documents. In some cases, they might issue a Request for Evidence (RFE) if they need more information, or they might schedule an interview (though less common for straightforward I-130s where the beneficiary is abroad). Let's say Maria's package was complete and clear.
   • Approval! After some months (processing times vary!), Maria receives great news: her Form I-130 petition for Luis is approved! She gets an approval notice from USCIS.
5. The Next Steps for Luis:
   
   
   
   • Because Luis is in Mexico and will be processing his immigrant visa there, USCIS sends the approved I-130 petition to the U.S. Department of State's National Visa Center (NVC).
   • The NVC will then contact both Maria and Luis to begin the next stage. This involves paying more fees (for the visa application and affidavit of support), submitting additional forms (like the DS-260, Immigrant Visa Application for Luis, and Form I-864, Affidavit of Support from Maria), and providing civil documents.
   • Once all that is processed by the NVC, Luis will eventually be scheduled for an interview at the U.S. embassy or consulate in Mexico. If his interview is successful and he meets all requirements, he'll receive his immigrant visa to come to the U.S. and become a lawful permanent resident.

Important Note: This is a very simplified example to illustrate the basic I-130 journey for a U.S. citizen sponsoring a spouse abroad. Every case is unique, required documents can vary, and processing times can change significantly.

Filing Form I-130 is a significant step in helping your family member immigrate. By understanding the requirements and preparing your petition carefully, you can help make the process as smooth as possible.

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