Quick Summary: Form I-130 is the first step to sponsor a family member for a U.S. green card. U.S. citizens and permanent residents can file this petition to establish the qualifying relationship with their relative.
What is Form I-130?
Form I-130 (Petition for Alien Relative) is used to establish the family relationship between a U.S. citizen or lawful permanent resident (LPR) and a foreign national relative who wishes to immigrate to the United States. This petition proves that a qualifying family relationship exists.
Filing an approved I-130 does not immediately grant a green card. It establishes your place in line for a visa. Depending on the relationship and the beneficiary's country of origin, there may be a waiting period before a visa becomes available.
Who Can File Form I-130?
You can file Form I-130 if you are:
- U.S. Citizen sponsoring: spouse, unmarried or married children (any age), parents (if you're 21+), or siblings (if you're 21+)
- Lawful Permanent Resident (Green Card Holder) sponsoring: spouse or unmarried children (any age)
Note that LPRs cannot sponsor parents, married children, or siblings. Only U.S. citizens have that privilege.
Filing Fee and Where to File
The filing fee for Form I-130 is $625 as of 2026. This includes the petition fee and biometrics fee (if applicable). Payment can be made by check, money order, or credit card (when filing online).
You can file I-130:
- Online: Through your USCIS online account at uscis.gov
- By mail: To the appropriate USCIS lockbox facility based on your location
Online filing is faster and allows you to track your case status easily.
Required Documents
When filing Form I-130, you must provide evidence of:
1. Your Status (Petitioner)
- Copy of your U.S. passport, birth certificate, or naturalization certificate (for U.S. citizens)
- Copy of green card (front and back) for LPRs
2. Relationship to Beneficiary
- Spouse: Marriage certificate, proof of termination of prior marriages (divorce decrees, death certificates), joint financial documents, photos together
- Parent-Child: Birth certificate showing parent's name
- Siblings: Birth certificates showing at least one common parent
- Stepchild/Stepparent: Marriage certificate showing marriage occurred before child's 18th birthday
3. Beneficiary's Identity
- Copy of beneficiary's passport or birth certificate
- Two passport-style photos
Step-by-Step Filing Process
- Gather documents: Collect all required identity and relationship evidence
- Complete Form I-130: Fill out the petition accurately with beneficiary's biographical information
- Pay filing fee: $625 (check, money order, or credit card)
- Submit petition: File online or mail to the appropriate USCIS facility
- Receive receipt notice: USCIS will send Form I-797 with a receipt number (usually within 2-4 weeks)
- Wait for processing: USCIS will review your petition (12-18 months average)
- Approval or RFE: You'll receive an approval notice or a Request for Evidence (RFE) if more documentation is needed
- Next steps: After approval, the case moves to the National Visa Center (NVC) or USCIS for adjustment of status
Processing Times
Processing times vary by USCIS service center and relationship type:
- Immediate relatives (spouse, parent, unmarried child under 21 of U.S. citizen): 12-18 months
- Family preference categories: 12-24 months for petition approval, then additional wait time for visa availability
After I-130 approval, immediate relatives can proceed directly to consular processing or adjustment of status. Family preference categories must wait for their priority date to become current, which can take several years depending on the category and country of origin.
Common Mistakes to Avoid
- Incomplete forms: Leaving questions blank or unanswered (write "N/A" if not applicable)
- Missing signatures: Both petitioner and beneficiary must sign where required
- Insufficient evidence: Not providing enough proof of the relationship (especially for marriage-based petitions)
- Wrong filing location: Mailing to the wrong USCIS facility delays processing
- Outdated forms: Always use the most recent version of Form I-130 from uscis.gov
- Incorrect fees: Double-check the current filing fee before submitting payment
What Happens After I-130 Approval?
Once your I-130 is approved, the next steps depend on where your beneficiary is located:
- Beneficiary inside the U.S.: File Form I-485 (Adjustment of Status) to apply for a green card
- Beneficiary outside the U.S.: Case is sent to the National Visa Center (NVC) for consular processing. Beneficiary will attend an immigrant visa interview at a U.S. embassy or consulate.
Frequently Asked Questions
Can I file I-130 and I-485 together?
Yes, if the beneficiary is in the U.S. and an immigrant visa is immediately available (immediate relatives of U.S. citizens), you can file both forms concurrently. This is called "concurrent filing."
How do I check my I-130 status?
Use your receipt number to check status online at uscis.gov/casestatus, call USCIS at 1-800-375-5283, or check your online account if you filed electronically.
What if I receive an RFE (Request for Evidence)?
Respond promptly with the requested documents. RFEs typically give you 87 days to respond. Failure to respond will result in denial of your petition.
Can I expedite my I-130?
USCIS rarely grants expedite requests for I-130 petitions. Expedite requests are typically only approved for severe financial loss or emergency situations.
What if my I-130 is denied?
You can file a motion to reopen or reconsider, or file an appeal to the Administrative Appeals Office (AAO) within 30 days of the denial. Alternatively, you can file a new I-130 petition.