Form I-130
Petition for Alien Relative
Agency
USCIS
Version
04/01/24
Fee
$675 paper filing or $625 online filing as of April 2024 (check USCIS fee schedule for updates).
Deadline
No statutory deadline; priority date is set when USCIS receives the petition.
Official PDF hosted at www.uscis.gov · Verified 2026-05-19
Who Needs This Form
- US citizens petitioning for a foreign spouse
- US citizens petitioning for parents (if citizen is 21+) or children
- US citizens petitioning for siblings (if citizen is 21+)
- Lawful permanent residents petitioning for spouse or unmarried children
- Sponsors establishing a qualifying relationship for an immigrant visa
Step-by-Step Guide
Form I-130 lets a U.S. citizen or lawful permanent resident (LPR) establish a qualifying relationship with a foreign relative as the first step toward a green card for that relative. I-130 alone does NOT grant immigration benefits — it just establishes the relationship; the beneficiary still needs to apply for the green card (Form I-485 if in the US, or consular processing abroad).
Part 1 — Relationship to beneficiary
Tells USCIS who you are petitioning for. Pick exactly one relationship type. The relationship sets the visa category and processing priority.
Spouse
Legally married. The marriage must be valid where it took place AND not in violation of US public policy. Same-sex marriages are recognized.
Tip: If your marriage is less than 2 years old when the beneficiary gets the green card, it's CONDITIONAL — Form I-751 jointly with you, 90 days before the 2-year anniversary, to remove the condition.
Parent
Petitioner must be a US citizen and at least 21 years old.
Sibling
Petitioner must be a US citizen and at least 21 years old. Long wait — usually 10+ years in the F4 preference category.
Child
Unmarried under 21 = immediate relative (US citizens). Unmarried 21+ = preference category. Married = preference category. LPRs can only petition unmarried sons/daughters.
Common mistake: LPRs trying to petition married children. LPRs CANNOT petition married sons/daughters; only unmarried. If the child marries during the wait, the petition is invalidated.
Part 2 — Information about you (petitioner)
Your full legal name, prior names, A-Number if any, SSN, date of birth, address history (5 years), employment (5 years), marriage history, parents' info.
Your A-Number
Required if you're an LPR (it's on your green card). US citizens by naturalization have an A-Number too — list it.
Address history
Last 5 years, in chronological order. Be thorough — gaps trigger Requests for Evidence (RFE).
Marriage history
List EVERY marriage — current and prior, including divorces or annulments. Provide divorce decree dates.
Common mistake: Omitting a brief or annulled marriage. USCIS cross-references state records — omission looks like fraud.
Part 3 — Biographic information about you
Ethnicity, race, height, weight, eye color, hair color. Standard USCIS biographic block.
Honest answers
Pick the closest match. Used for identification, not benefits eligibility.
Part 4 — Information about beneficiary
Same depth as Part 2, but for the foreign relative. Their full name, prior names, A-Number if any, country of birth, country of citizenship, address abroad, marriage history, employment, education.
Beneficiary's foreign address
Where they currently live. If they're already in the US, list both their foreign and US addresses.
Beneficiary's prior US visits
Disclose every prior US entry — dates and length of stay. Required by Part 4.
Beneficiary's marriage history
All marriages including prior. Critical for proving the current marriage is the qualifying relationship.
Part 5 — Other relatives (your other children)
Required if the beneficiary is your spouse — list ALL your children, including ones not from this marriage.
Why USCIS asks
For derivative beneficiary purposes. Stepchildren born before the marriage might qualify as derivative beneficiaries; some preference categories include children automatically.
Part 6 — Information for the beneficiary's processing
Where the beneficiary will pursue the green card — adjustment of status in the US (Form I-485) or consular processing abroad. Address where you want USCIS notices sent.
Adjustment vs consular
Beneficiary in the US with status: adjustment (I-485, processed at USCIS office). Beneficiary abroad: consular (after I-130 approval, NVC and US embassy handle it).
Choice of US embassy
Only used for consular processing. Usually the one in the beneficiary's country of residence.
Part 7 — Petitioner's statement, contact, signature
Confirm the petition is true. Sign and date. Failure to sign = automatic rejection.
Petitioner signature
In ink. Electronic signatures only acceptable through USCIS online filing.
Part 8-9 — Translator and preparer (if applicable)
If someone helped translate or prepare the form, they sign here too.
Translator
Required if the petitioner doesn't read English — translator certifies translation accuracy.
Preparer
An attorney or accredited representative completes Part 9. Self-preparers leave it blank.
Supporting evidence checklist
Required documents to submit with the I-130. Missing evidence = RFE = delays of 3-6 months.
Proof of petitioner status
US citizen: copy of US passport bio page, naturalization certificate, or birth certificate (if US-born). LPR: copy of green card (front and back).
Proof of the qualifying relationship
Spouse: marriage certificate. Parent of US citizen: petitioner's birth certificate showing both names. Child: child's birth certificate showing both petitioner's and other parent's name. Sibling: both birth certificates showing same parent(s).
Proof of bona fide marriage (if spouse)
Joint bank/credit card statements, joint lease/mortgage, joint utility bills, photos together over time, affidavits from people who know the marriage, joint tax returns, joint insurance policies, children together.
Common mistake: Submitting only the marriage certificate. USCIS routinely RFEs spousal petitions for additional bona fides — submit a thick evidence packet upfront.
Proof of name changes
Marriage certificate, divorce decree, or court order for every name change in either petitioner or beneficiary history.
Two passport-style photos
Two color photos of the petitioner (NOT beneficiary), 2x2 inches, taken within 30 days.
Filing fee
$675 paper filing or $625 online filing (as of April 2024 — check uscis.gov/g-1055 for current fees). Check or money order payable to 'U.S. Department of Homeland Security' for paper.
Common Mistakes to Avoid
Submitting a thin marriage-petition packet
USCIS scrutinizes marriage-based I-130s heavily because marriage fraud is a known issue. A petition with just the marriage certificate almost always gets an RFE for additional evidence.
Fix: From day one, submit: marriage certificate + 6-12 months of joint financials + joint lease/mortgage + joint utilities + photos of you together across multiple events + 2-3 affidavits from people who know the marriage + any children's birth certificates if you share kids. Tabbed and labeled.
LPR petitioning for a married son or daughter
LPRs can only petition unmarried children of any age, NOT married ones. If a son/daughter marries while waiting in line, the petition is automatically void.
Fix: If you're an LPR petitioning your child, urge them not to marry until the green card issues OR you naturalize (US citizens CAN petition married children, in F3 category).
Omitting prior marriages or annulled marriages
USCIS pulls state records. An undisclosed prior marriage discovered in adjudication looks like fraud.
Fix: Disclose EVERY prior marriage in both petitioner and beneficiary histories — duration, divorce date, prior spouse name, and reason for divorce if requested.
Filing I-130 without ALSO filing I-485 (for in-US beneficiaries with current priority dates)
If the beneficiary is in the US in valid status AND the immediate-relative category is current (always for spouses/parents of US citizens), you can 'concurrently file' I-130 + I-485 in the same packet. This saves 6-12 months of separate processing.
Fix: If both criteria are met, file I-130 + I-485 (plus I-693 medical, I-864 affidavit of support, I-765 work authorization, I-131 advance parole) together. Submit as one packet with the combined fee.
Forgetting the affidavit of support (I-864)
I-864 is NOT filed with I-130 — but it IS required at the I-485 stage (in-US) or at consular interview (abroad). If your income is below 125% of poverty for your household size, you need a joint sponsor.
Fix: Plan for I-864 even before I-130 is approved. Calculate your household income vs. poverty guidelines (uscis.gov/i-864p). Find a joint sponsor if needed BEFORE the I-485 or interview stage.
Using stale forms
USCIS rejects applications submitted on outdated form editions (look at the bottom of page 1 for the edition date). Forms get updated periodically.
Fix: Download a fresh I-130 directly from uscis.gov/i-130 the day you mail it. Don't reuse a copy you printed months ago.
Mailing to the wrong USCIS lockbox
I-130 filing address varies based on your state, whether you're concurrently filing I-485, and form edition. The wrong lockbox = rejected packet = lost months.
Fix: Check 'Where to File' at uscis.gov/i-130 the day you mail. Use the address listed THERE, not from a blog or older instructions.
Paying the wrong fee amount or wrong form
USCIS rejects checks for the wrong amount. Fees increase periodically; the current schedule is at uscis.gov/g-1055.
Fix: Verify the fee at uscis.gov/i-130 within 1 week of mailing. Use cashier's check or money order to 'U.S. Department of Homeland Security' (NOT 'USCIS' or 'DHS' or 'INS'). Personal checks acceptable but slower.
Download & fill manually
Get the official Form I-130 PDF
For this form, downloading the official PDF and filling it manually is the recommended path. Every field on this page maps to a field in the PDF.
Download Official PDFRelated Forms
See all forms →Forms commonly used alongside this one.
Related Guides
Frequently Asked Questions
What does I-130 do?
It establishes that a qualifying family relationship exists between a US citizen/LPR (petitioner) and a foreign relative (beneficiary). I-130 alone does NOT confer immigration status — the beneficiary still has to apply for a green card via I-485 (in the US) or consular processing (abroad) after I-130 is approved.
How long does I-130 take?
Highly variable. Spouses of US citizens: 6-15 months (immediate relative — no quota). Spouses of LPRs (F2A): 1-3 years currently. Parents of US citizens: 6-15 months. Married children, siblings, other preference categories: 5-25+ years depending on country of birth (per the Visa Bulletin).
What's the difference between immediate relative and preference categories?
Immediate relatives (spouses, unmarried children under 21, and parents of US citizens age 21+) have NO numerical limits — no waiting list. Family preference categories (F1, F2A, F2B, F3, F4) have annual quotas that create multi-year waits, especially for high-demand countries (Mexico, Philippines, India, China).
Can I file I-130 online?
Yes — uscis.gov/online-filing/I-130. Online filing fee is $625; paper is $675. Online lets you check status, upload documents, and get faster acknowledgment, but you still mail original signed documents if requested.
Can a same-sex couple use I-130?
Yes. The U.S. Supreme Court (United States v. Windsor, 2013) and USCIS have recognized same-sex marriages for immigration purposes since 2013. The marriage must be legally valid where it occurred.
What if my I-130 is denied?
USCIS sends a written denial explaining why. Options: appeal to the Board of Immigration Appeals (Form EOIR-29; filing fee currently $110); file a motion to reopen or reconsider (Form I-290B); or refile with stronger evidence. If the denial is for marriage fraud, the bar to future petitions is permanent (INA §204(c)).
Does I-130 give my relative permission to come to the US?
No. I-130 alone does not authorize travel or work. Your relative still needs an immigrant visa (consular) or adjustment-of-status approval. While the I-130 is pending, the beneficiary remains in whatever status they were in.
Do I need an immigration lawyer?
Not legally required. But strongly recommended for: prior immigration violations (overstays, illegal entry); prior visa denials; criminal history; very brief marriages; petitions involving stepchildren or adopted children; LPR petitioners with status complications. The filing fee + attorney fee is usually less than the cost of a mishandled petition.
Sources
Disclaimer: Mubboo Editorial Team. This guide is for general information only and is not tax, legal, or immigration advice. Tax and immigration rules change — always confirm with the official agency, a licensed tax professional, or an immigration attorney before relying on these instructions for filing.