The Complete Guide to USCIS Form I-130

What is Form I-130?

Form I-130, Petition for Alien Relative, is a USCIS form filed by a U.S. citizen or lawful permanent resident to establish a qualifying relationship with relatives in another country who wish to immigrate to the United States. Filing this form kickstarts the family-based immigration process, helping the U.S. government verify the family connection and decide which visa category fits the foreign family member.

Once Form I-130 is approved, the case is forwarded to the National Visa Centre (NVC) for further processing if the beneficiary is outside the United States.

What is Form I-130 used for?

Form I-130 is used to demonstrate to the United States Citizenship and Immigration Services (USCIS) that you (the petitioner) have a valid, close family relationship with the person you’re sponsoring (the beneficiary).

The USCIS will not just take your word for it though. You’ll need to prove the relationship with legal documents, such as birth certificates, marriage certificates, and financial statements.

Essentially, when you submit Form I-130, you’re requesting the U.S. government to recognise your family connection and allow your family member to apply for an immigrant visa or adjust their status to become a lawful permanent resident. Petitioners must indicate whether the beneficiary will adjust status inside the United States or go through consular processing outside the United States, as this choice affects the subsequent steps in the immigration process.

Who is eligible to file a USCIS Form I-130 petition for Alien Relative?

Not just anyone can file Form I-130. You must be a U.S. citizen or a permanent resident. As a U.S. citizen or permanent resident, you can file a separate Form I-130 petition for each of your eligible immediate family members. If you are filing for an Afghan national relative whose country of birth is not Afghanistan, please write 'OAW' on the form to qualify for a fee exemption.

U.S. citizens 

Family members whom you can file Form I-130 as a U.S. citizen include: 

• Your spouse
• Your children (regardless of their age and marital status)
• Your siblings (this applies if you are 21 years or older)
• Your parents (also if you are 21 years or older).

Lawful permanent residents

If you are a lawful permanent resident of the U.S., you can also file a separate Form I-130 for each of your eligible relatives, including:

• Your spouse
• Your unmarried child under 21 years of age; and
• Your unmarried son or daughter who is 21 years of age or older.

One important thing to note is that no visa category exists for married children of lawful permanent residents. That means, if you file an I-130 for your unmarried son or daughter, and they get married before immigrating or adjusting their status, your petition will be denied or automatically revoked.

Also, non-citizen U.S. nationals, such as those born in American Samoa or Swains Island, have the same rights as lawful permanent residents to petition for family members. In this case, you should indicate that you are a lawful permanent resident on the I-130 form, but you do not need to provide an Alien Registration Number.

Moreover, if the beneficiary of your petition qualifies under certain categories, you may not need to file separate petitions for their spouse or unmarried children under 21 years of age. These individuals are considered "derivative beneficiaries." You can list them in the beneficiary's original form.

If you are filing for your spouse, they must complete and sign Form I-130A, Supplemental Information for Spouse Beneficiary. Spouses overseas must also fill out Form I-130A, but don't have to sign it. You must submit the Form I-103A with USCIS Form I-130 during the application process.

Eligibility exclusions for Form I-130

Some individuals and relationships are not eligible for filing Form I-130. These include:

• An adoptive parent or adopted child:  If the child was adopted after they turned 16 or has not been in your custody for two years before filing.
• Natural parent: If you obtained your green card or citizenship via adoption or special immigrant juvenile status.
• Step-parent or step-child: If the marriage that resulted in the relationship happened after the child turned 18.
• Certain spouses, including those where:
  • You and your spouse were not physically present at the marriage ceremony (unless the union was consummated).
  • The filer received a green card through a previous marriage to a U.S. citizen or green card holder, unless the filer is now a naturalised U.S. citizen, has been a lawful permanent resident for at least five years, can prove the previous marriage was not to evade immigration laws, or the former spouse passed away.
  • The marriage occurred while the spouse was in exclusion, deportation, removal, or rescission proceedings unless you can prove a bona fide marriage exemption or your spouse lived outside the U.S. for at least two years after the marriage.
  • Anyone the USCIS discovers entered or tried to enter a marriage to evade U.S. immigration laws.
• Extended family members: These include grandparents, grandchildren, nephews, nieces, uncles, aunts, cousins, or in-laws.

To help maintain the integrity of immigration benefits, it is important to report suspected marriage fraud.

Which documents must be submitted to file the USCIS I-130 Form?

When filing Form I-130, you must submit several supporting documents to prove your relationship with the beneficiary. U.S. citizens petitioning for their adopted children must include relevant documentation, such as the adoption decree and proof of legal custody. Here are the key USCIS Form I-130 supporting documents required:

Proof of U.S. Citizenship or Lawful Permanent Residence

• For U.S. Citizens: A copy of your U.S. passport, birth certificate, naturalisation certificate, or certificate of citizenship.
• For Lawful Permanent Residents: A copy of your green card (front and back).

Proof of Relationship

• For a spouse:
  • A copy of your marriage certificate.
  • If either of you were previously married, you must submit divorce decrees, annulment certificates, or death certificates of the previous spouse(s).
  • Two identical colour passport photographs of you and your spouse, and other proof of your relationship (e.g., joint leases, bank statements, children's birth certificates, etc). 
• For children:
  • A copy of the child's birth certificate showing your name as the parent.
  • If you're the child's father, the certificate must carry the child's mother's name and a copy of your marriage certificate to her or proof of legal termination.
  • If the child was born out of wedlock, the father needs to provide proof of legitimation or evidence of a bona fide parent-child relationship before the child turned 21. 
• For parents:
  • A copy of your birth certificate showing your name and your parents' names.
  • If applicable, your parent's marriage certificate and evidence of termination of previous marriages.
• For siblings:
  • A copy of your birth certificate and your sibling's birth certificate showing at least one common parent.
  • If applicable, your parent's marriage certificate and evidence of termination of previous marriages.
• For a step-parent/step-child:
  • Marriage certificate of the step-parent to the child's natural parent (before the child turned 18).
  • The step-child's birth certificate.
  • Provide proof of termination of prior marriages, if applicable.
• For an adoptive parent/adopted child:
  • Adoption decree showing the adoption occurred before the child turned 16 (or 18 for siblings).
  • Legal proof that the child was in legal custody and lived with the adoptive parents for at least two years.

Proof of Name Changes

• Documents reflecting any name changes, such as marriage certificates, adoption decrees, or court orders. 

What if I don't have the required USCIS form I-130 supporting documents?

If you can't provide an official document, don't worry. You can still prove your family relationship with secondary evidence. Here's what you need to do:

1. Get a statement from the Civil Authority: First, obtain a statement from the appropriate civil authority certifying that the document is unavailable.
2. Submit secondary evidence: Provide one or more of the following records:

• Religious record: A document from a religious organisation showing the baptism, dedication, or similar rite that occurred within two months of birth. It should include the date and place of birth, the date of the religious ceremony, and the parents' names.
• School record: A letter from the first school attended, showing the date of admission, the child's date of birth or age at the time, place of birth, and parents' names.
• Census record: State or Federal census records showing the names, place of birth, date of birth, or the age of the person listed.
• Written Statements: If the above records are unavailable, you can submit two or more written statements from individuals with personal knowledge of the event you are proving, such as birth, marriage, or death. Each statement must include:
  • Full name, address, date, and place of birth of the individual.
  • Detailed information about how the individual knows about the event and a declaration of truth under the laws of the U.S.
• DNA testing (for parent-child relationships only): If other evidence is inconclusive, you can submit DNA test results from a laboratory accredited by the American Association of Blood Banks (AABB).

Do I need a certified translation for supporting documents?

If your supporting documents are in a language other than English, you must provide a complete and certified translation accepted by USCIS. This rule applies to all supporting documents, no matter their origin. This is essential because USCIS needs to thoroughly review and understand all evidence submitted with your I-130 petition. As such, they will not accept document translations without proper certification.

To get an English document translation services for USCIS form I-130, follow these steps: 

1. Visit the Translayte website.
2. Click on "Order Certified Translation".
3. Choose "Certified Translation," then select the target and source languages and your preferred turnover time.
4. Upload the document you want to translate, ensuring the file is named correctly.
5. Select Standard, Specialist, or Professional translation services based on your needs and budget.
6. Specify any other preferences for your document.
7. Place your order and wait for your translation, which will be delivered by email or post by the stipulated time.

USCIS form I-130 filing fee

When filing Form I-130, there are two categories of fees you must be aware of; 

General filing fee

As of 2025, the fee for paper filing is $675, while online filing costs $625. This fee is payable to USCIS at the time of submission and is non-refundable, even if your petition is denied. 

Filing for Afghan national 

If you are filing for an Afghan national (beneficiary) with an immigrant visa available, the paper filing fee for this category is $0. 

You might also be eligible for a fee waiver. Check out Form I-192, Request for fee waiver, to see if you qualify. 

Ensure you check the latest fee structure on the USCIS form I-130 filing fee page for the latest information.  Being prepared and knowing the correct amount to pay helps avoid delays in processing your petition.

Where do I submit Form I-130?

You have two options for filing your USCIS Form I-130 petition: online or by mail.

Filing your form i-130 online

To file online, start by creating a USCIS account. Detailed instructions are available on the "How to Create a USCIS Online Account" page. You can file Form I-130 online even if your relative is in the United States and will file Form I-485 by mail. 

After submission, you will receive a notice of receipt in your online account. Provide this receipt to your relative to include in their Form I-485 packet. Note that you cannot file Form I-130 online if you are applying for a fee waiver, and Form I-485 or Form I-129F cannot be filed online for now.

Filing your USCIS Form I-130 by mail

The location for mail filing depends on your residence and whether you are concurrently filing Form I-485. Based on specific conditions outlined on the "Direct Filing Addresses for Form I-130" page, U.S. residents should file at the Chicago, Dallas, Elgin, or Phoenix Lockbox.

If you live outside the U.S., you can file at the USCIS Elgin Lockbox, file online, or request to file at a U.S. Embassy or Consulate under certain conditions. The USCIS Policy Manual and the Department of State's website provide more details and addresses.

USCIS form I-130 instructions

When filing the USCIS I-130 form, there are some things you should know 

• USCIS provides a free form to view, print, or download from the website. Don't pay anyone for the form.
• If you don't have Internet access, call the USCIS contact centre and request that they mail the form to you. 
• The USCIS will reject a stamped or typewritten name in place of any signature on the petition.
• If it's from the original document, USCIS will consider a photocopied, faxed, or scanned copy of an original handwritten signature as valid. 
• You must submit all evidence and supporting documents.
• You may have to appear for an interview or provide biometrics (fingerprints, 
• photograph, and/or signature) at any time. This is to help USCIS verify your identity, obtain additional information, and conduct background and security checks.
• You should submit only legible copies of your documents unless asked to provide originals when filing Form I-130.

What happens after I file Form I-130?

After you file Form I-130, USCIS will send you a receipt notice confirming they received your petition. This notice includes your case number, which you can use to track the status of your application online.

Next, USCIS will review your petition to ensure you have submitted all the required documents and evidence. If anything is missing or incomplete, they may request additional information or evidence. Always respond promptly to avoid delays if requests like these come.

Once USCIS has all the necessary information, they decide on your petition. If approved, they will notify you and send your petition to the National Visa Center (NVC) for further processing if your relative is outside the United States. The NVC will contact your relative to complete the visa application process.

If your relative is in the United States and eligible to adjust status, they can file Form I-485, Application to Register Permanent Residence or Adjust Status. If concurrent filing were allowed, they may already have filed this form alongside your I-130.

Throughout this process, you can check the status of your case online using the receipt number provided in your notice. Keep in mind that processing times can vary, so it’s important to stay informed and follow any instructions from USCIS or the NVC.

How long does it take for Form I-130 to be approved?

The USCIS form I-130 processing time can vary from 13 to 20 months, depending on various factors such as the USCIS workload, the type of relationship being petitioned, the petitioner's immigration status, and the location of the petition. However, this timeline can be shorter or longer based on individual circumstances.

Factors that can affect USCIS form I-130 processing time include:

1. Type of Relationship: Due to visa availability limitations, immediate relatives of U.S. citizens, such as spouses, parents, and unmarried children under 21, typically have faster processing times than other family-based categories.
2. USCIS Workload: High volumes of applications can lead to longer processing times.
3. Completeness of Application: A complete application that includes all required documentation and evidence is more likely to be processed efficiently.

The USCIS also provides estimated processing times based on the type of application and the office handling it. If your case takes longer than the average processing time, you can inquire about the status or seek assistance from the USCIS contact centre.

How to check Form I-130 status

Checking the status of your Form I-130 is straightforward. Here's how you can keep track of your petition's progress:

Online status check

1. Go to the USCIS Case Status Online page.
2. Input the 13-character receipt number you received when your petition was filed. This number can be found on the receipt notice (Form I-797) that USCIS sent you.
3. After entering the receipt number, click the "Check Status" button to see the current status of your petition.

Case status updates

• When you create a USCIS online account, you can opt to receive email notifications about the status of your petition.
• Similarly, you can sign up for text message updates by entering your phone number in your online account settings.

If you prefer, you can contact the USCIS Contact Center at 1-800-375-5283 for status updates. Be ready to provide your receipt number.

If you need more detailed information or have specific questions, you can schedule an appointment with a USCIS officer through the InfoPass system. 

What happens after I-130 is approved?

Once your Form I-130 is approved, the next steps depend on whether your relative is inside or outside the United States.

If your relative is outside the U.S.

After your petition is approved, it will be sent to the National Visa Centre (NVC). The NVC will then send you a welcome letter with further instructions. Your relative must complete the DS-260 form, which is the online immigrant visa application. You must also submit civil documents and an affidavit of support to the NVC.

Once the NVC processes these documents, they will schedule an interview for your relative at the U.S. Embassy or Consulate in their home country. If the visa is approved during this interview, your relative will receive an immigrant visa, allowing them to travel to the U.S. Upon arrival, they will get a temporary Green Card stamp in their passport, and the actual Green Card will be mailed to them later.

If your relative is in the U.S.

For relatives already in the U.S., the process involves adjusting their status. Your relative must file Form I-485, Application to Register Permanent Residence or Adjust Status. They will be scheduled for a biometrics appointment to provide fingerprints, photos, and a signature. USCIS may also schedule an interview where original documents will be reviewed. If Form I-485 is approved, your relative will receive their Green Card by mail, granting them permanent resident status.

Depending on the visa category, your relative might need to wait for their priority date to be current. It's important to monitor this date closely. If your relative is adjusting status within the U.S., they should avoid travelling outside the country without advance parole, as it can affect their application.

Can I file an appeal if my I-130 is denied?

Yes, you can appeal if your Form I-130 is denied. To do so, submit Form I-290B, Notice of Appeal or Motion, along with the required fee, to the USCIS office that issued the denial within 30 days of receiving the notice. The USCIS Administrative Appeals Office (AAO) will review your appeal and reconsider the decision based on the information provided. Be sure to carefully review the reasons for the denial and gather any additional evidence or documentation that supports your case before filing the appeal.

Can I withdraw my I-130 form?

Yes, you can withdraw your Form I-130 petition. You must submit a written request to the USCIS office currently processing your petition to do so. Include your name, date of birth, alien registration number (if applicable), the receipt number of your Form I-130, and a statement clearly expressing your desire to withdraw the petition. It's important to note that once the withdrawal request is processed, USCIS will no longer consider your petition, and any associated benefits or applications may also be affected.
 

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Related Posts 

• The Complete Guide to USCIS Form I-485 
• The Complete Guide To USCIS Form I-864 - Affidavit Of Support
• The Complete Guide To USCIS Form I-131