USCIS Form I-130 – Petition for Alien Relative

Jurisdiction: Country: United States | Province or State: Federal

What is a USCIS Form I-130 – Petition for Alien Relative?

Form I-130 is the first step to sponsor a close family member for a green card. You use it to prove a qualifying family relationship. It does not give immigration status by itself. It lets the government confirm your relationship and set your relative’s place in line.

You file it if you are a U.S. citizen or a lawful permanent resident. You are the “petitioner.” Your family member is the “beneficiary.” You must show that the relationship is real and qualifies under the law.

U.S. citizens can file for a spouse, unmarried children under 21, unmarried sons or daughters 21 or older, married sons or daughters, parents (if you are 21 or older), and siblings (if you are 21 or older). Lawful permanent residents can file for a spouse and unmarried children, including those 21 or older. Lawful permanent residents cannot file for parents or siblings.

Immediate relatives of U.S. citizens have special rules. They are spouses, unmarried children under 21, and parents of citizens who are 21 or older. They do not need to wait for a visa number. Family preference relatives do wait for a visa number. The category controls how long the process can take.

You use this form to establish the relationship on record. Approval creates an approved petition with a priority date. That date sets your relative’s place in line if a line exists. If your relative is already in the United States, they may also be eligible to apply for a green card. That is a separate application with separate rules and forms.

Typical scenarios are direct and practical. You marry a U.S. citizen and need to document the marriage. You are a lawful permanent resident and want to bring your spouse. You are a U.S. citizen who turned 21 and want to sponsor a parent. You want to sponsor a sibling, and you know the wait will be long, so you file now. You also use it to start consular processing when your relative lives abroad.

Form I-130 is not for fiancés. Fiancé cases follow a different path. It is also not for employment-based immigration. It is not a work permit application. It is one step in a multi-step family immigration process.

When Would You Use a USCIS Form I-130 – Petition for Alien Relative?

You use Form I-130 when you want to start a family sponsorship. You need it before a consular interview can be scheduled. You may file it alone or together with a green card application, depending on eligibility.

If you are a U.S. citizen filing for a spouse in the United States, you may file both applications at once. You can do that because visas for immediate relatives are always available. Filing together can save time. If you are a permanent resident filing for a spouse, you can only file both if a visa is available. If not, you file the I-130 first and wait.

If your spouse is abroad, you file the I-130 and list the consulate for processing. After approval, the case transfers for consular processing. Your spouse will later submit the immigrant visa forms and documents. The interview happens abroad. Your spouse enters the United States as a permanent resident.

If you are a U.S. citizen filing for a parent, you must be 21 or older. You submit your birth certificate to prove the relationship. If your parent lives abroad, you choose consular processing. If your parent is in the United States and eligible, you may file both applications together.

If you are filing for a child, the evidence depends on your legal relationship. Birth, step, and adoptive relationships have different proof rules. You file now to secure the priority date. If the child is an immediate relative, you may combine filings when eligible.

If you are filing for a sibling, you must be 21 or older. You and your sibling will wait in a long line. File as early as possible to lock in the priority date. The petition can remain valid for years, subject to changes in law or facts.

You also use the I-130 to upgrade or change categories. If you naturalize after filing as a permanent resident, your relative may move to a faster category. Notify the government so the case can update.

Some people file the I-130 even when the relative cannot adjust in the United States. They do this to start the process and secure the date. Your relative can finish the case abroad later. The I-130 does not provide legal status or stop removal. It is a petition, not a shield.

You do not use Form I-130 for self-petitions or humanitarian cases. Those have different processes. You also do not use it for temporary visas. It is specific to family-based immigrant classification.

Legal Characteristics of the USCIS Form I-130 – Petition for Alien Relative

Form I-130 is a sworn petition. It is not a private contract. It is a formal request that the government recognize a family relationship. You sign under penalty of perjury. You must tell the truth. False statements can lead to denial, fines, or criminal charges. They can also cause permanent immigration bars for fraud.

Approval of the I-130 does not grant a green card. Approval grants a classification and a priority date. It tells the government that a qualifying relationship exists. It opens the door to the next step when a visa is available. That next step could be adjustment of status or consular processing.

Enforceability comes from the legal framework for family immigration. Officers review your evidence. They decide if the relationship meets legal requirements. They may ask for more evidence or schedule an interview. They can deny the petition if the evidence does not meet the standard. They can also revoke an approved petition if new facts emerge.

Marriage cases receive close review. The law bars approval if there is evidence of a sham marriage. A marriage fraud finding can block future spousal petitions. You must show a real shared life, not just a paper marriage. Evidence of cohabitation, finances, and history helps support your case.

Some petitioners face extra restrictions. Certain criminal convictions involving minors can block approvals. The government may require proof of no risk. If you have a serious criminal history, get legal advice before filing. It can affect your ability to petition relatives.

Petitions can end for several reasons. Withdrawal by the petitioner ends the case. The petitioner’s death often ends the petition. There are limited routes to seek reinstatement after death. Those require strict conditions and a qualifying sponsor for support.

You have process rights. If denied, you may appeal or file a motion. Some denials are better addressed by refiling with stronger evidence. Deadlines apply. Read the decision notice carefully and act on time.

Finally, the I-130 must match the facts. If you divorce during the process, a spouse petition cannot continue. If a child marries, certain categories change. Keep the agency updated. Changes in facts can change eligibility.

How to Fill Out a USCIS Form I-130 – Petition for Alien Relative

Follow these steps to prepare a complete, well-documented filing.

1) Confirm eligibility and category

• Identify your status: U.S. citizen or permanent resident.
• Confirm you can petition for this relative.
• Check the category: immediate relative or family preference.
• Plan next steps: adjust status or consular processing.

2) Decide how to file

• You can file online or by mail.
• Online filing works for many categories.
• Paper filing may suit complex cases or large evidence.
• Use the current form edition and correct filing fee.

3) Gather identity documents for you (petitioner)

• Proof of your U.S. citizenship or permanent residence.
• Examples include a U.S. birth certificate, certificate, or green card copy.
• Include any legal name change proof.
• Use clear copies. Do not send originals.

4) Gather identity documents for your relative

• A government ID or passport biographic page, if available.
• Birth certificate or other civil record proving the relationship.
• Legal name change proof if names differ.
• Include certified English translations for non-English documents.

5) Gather relationship evidence based on category

• Spouse of a U.S. citizen or permanent resident:
• Marriage certificate.
• Proof all prior marriages ended for both spouses.
• Evidence of a real marriage. Use joint lease, joint bank, insurance, taxes, travel, photos with captions, and children’s birth records.
• Quality beats quantity. Select clear, dated items.
• Parent of a U.S. citizen:
• Your birth certificate naming the parent.
• If petitioning for a step-parent, include your parent’s marriage certificate.
• That marriage must have occurred before your 18th birthday.
• Include proof of termination of prior marriages.
• For adoptive parents, include the adoption decree and required custody and residence proof.
• Child of a U.S. citizen or permanent resident:
• The child’s birth certificate.
• If you are the father and not married to the mother at birth, include proof of a real parent-child relationship.
• For stepchildren, include the marriage certificate showing the marriage before the child turned 18.
• For adopted children, include the adoption decree and required custody and residence proof.
• Sibling of a U.S. citizen:
• Your birth certificate and your sibling’s birth certificate.
• Both must show at least one common parent.
• Include name change documents for either of you if needed.

6) Complete Form I-130

Part 1: Relationship

• Select the correct relationship.
• Check only one box. Do not guess. Confirm accuracy.

Part 2: Information About You (Petitioner)

• List your full legal name and all other names used.
• Provide your U.S. mailing and physical addresses.
• Include your date of birth, place of birth, and status.
• Provide your A-Number and Social Security number, if any.

Part 3: Biographic Information (Petitioner)

• Select ethnicity, race, height, weight, eye color, and hair color.
• Answer every item.

Part 4: Information About Beneficiary

• Enter your relative’s full legal name and all other names used.
• Provide their addresses, birth details, and marital status.
• List A-Number, USCIS account number, and Social Security number, if any.
• If in the United States, list the most recent entry details.
• Include I-94 number, place of entry, and status at entry.
• Disclose prior immigration history and removal issues.

Part 5: Other Information

• Disclose if you are filing for other relatives.
• Identify any derivatives for preference categories.
• Immediate relatives do not have derivatives.

Part 6: Petitioner Statement, Contact, Acknowledgment, and Signature

• Read the certification carefully.
• Sign and date the form in black ink if filing by mail.
• The petition will be rejected without a proper signature.

Part 7: Interpreter

• Complete this if someone interpreted the questions for you.
• The interpreter must sign and provide contact details.

Part 8: Preparer

• Complete this if someone else prepared the form.
• The preparer must sign and provide contact details.
• Additional Information
• Use this section if you need more space for answers.
• Reference the part and item numbers clearly.

7) Complete Form I-130A, if filing for a spouse

• I-130A is required for a spouse beneficiary.
• It collects the spouse’s biographic and address history.
• The spouse signs the form if in the United States.
• If the spouse lives abroad, a signature may not be required.
• Include certified translations for any non-English entries.

8) Organize your evidence

• Use a clear cover page listing every item in your packet.
• Place the check or payment page on top if filing by mail.
• Tab exhibits by topic: identity, relationship, and prior marriages.
• Label each document with brief descriptions and dates.
• Upload each item as a separate, clearly named file if filing online.

9) Confirm correctness and consistency

• Names and dates must match across all documents.
• Explain any mismatches with affidavits or official records.
• Do not alter civil documents. Use certified copies where needed.
• Translations must include the translator’s certification.

10) Pay the correct filing fee

• Use the accepted payment methods for your filing channel.
• Fee waivers are generally not available for this form.
• An incorrect fee can cause rejection.

11) File and track your receipt

• Keep copies of everything you submit.
• Save your delivery confirmation if filing by mail.
• You will receive a receipt notice with a case number.
• Use the case number to track your case status.

12) Respond to any requests

• You may receive a Request for Evidence.
• Read it carefully and note the deadline.
• Submit a complete response with organized exhibits.
• Late or partial responses can lead to denial.

13) Prepare for an interview if scheduled

• Marriage cases often include an interview.
• Bring originals of key civil documents.
• Bring updated relationship evidence.
• Answer clearly and truthfully. Do not guess.

14) Keep your case updated

• Report address changes promptly.
• Notify the agency if you naturalize. Your relative’s category may improve.
• Report major life changes, such as marriage or divorce of the beneficiary.
• Withdraw the petition if the relationship ends in a way that affects eligibility.

15) Plan the next step

• If your relative will adjust status, review that process.
• If your relative will process abroad, prepare for the consular stage.
• The approved I-130 will transfer to the next stage as needed.
• Keep your original civil documents for future steps.

Practical tips to avoid common mistakes:

• Do not leave required fields blank. Use “N/A” where appropriate.
• Use consistent addresses and timelines across forms.
• Do not send irreplaceable originals unless specifically requested.
• Use a safe mailing address if you move often.
• Be honest about entries without inspection or status gaps.
• Do not file duplicate petitions for the same person without reason.

Evidence quality matters more than volume. Choose dated, specific items. Tie them to both of you. Explain gaps, unusual living arrangements, or long-distance periods. A short, clear explanation can prevent a request for more evidence.

Know what this petition does not do. It does not grant status or work authorization. It does not forgive immigration violations. It does not stop removal by itself. It is one required piece in a larger process.

Finally, protect your eligibility. Do not submit a petition if the relationship does not meet the rules. For step relationships, confirm age requirements are met. For adoptive relationships, confirm custody and residence rules. If you have complex history or criminal issues, seek legal advice before filing.

Legal Terms You Might Encounter

• Petitioner means you, the person filing the form. You must be a U.S. citizen or a permanent resident. You start the family relationship case by filing this petition.
• Beneficiary means the relative you are sponsoring. The form asks about the beneficiary’s identity, history, and relationship to you.
• Immediate relative is a spouse, parent, or unmarried child under 21 of a U.S. citizen. This category has no annual visa cap. Your petition can move without a waiting line.
• Family preference category covers other eligible relatives. Examples include adult children or siblings of citizens, and some relatives of residents. These cases face annual visa limits.
• Priority date is the date USCIS receives your petition. It sets the beneficiary’s place in line. It controls when a visa becomes available in preference categories.
• Adjustment of status is the process to apply for a green card from inside the United States. It may follow approval of this petition. It depends on visa availability and eligibility.
• Consular processing is the process to apply for a visa at a U.S. consulate abroad. It happens after the petition approval. It leads to a visa interview overseas.
• Concurrent filing means filing this petition with an adjustment application at the same time. It applies only in specific situations. Visa availability and status matter.
• Affidavit of Support is a financial contract you may need later. You promise to support the beneficiary. This petition helps start that process.
• Request for Evidence is a notice asking for more proof. USCIS issues it if evidence is missing or unclear. It can delay a decision if you respond late.
• Receipt Notice confirms USCIS received your filing. Approval Notice confirms USCIS approved it. Keep both with your records.
• Conditional resident status applies to a spouse married under two years at green card approval. It leads to a later removal of conditions filing. Your petition may be part of that timeline.
• Domicile means the United States is your permanent home. You generally need U.S. domicile for the financial stage. Plan how you will show it.

FAQs

Do you need to file a separate petition for each relative?

Yes. You file one petition for each relative you sponsor. For example, a spouse and a stepchild each need their own petition. Children do not “ride along” on a parent’s petition.

Do you need to be a citizen to file?

No. U.S. citizens and permanent residents can file. Some relatives are only eligible if you are a citizen. Check which relationships qualify for your status.

Do you need to send translations?

Yes, if a document is not in English. Include a full English translation with a certification by the translator. The certification should state accuracy and competence.

Do you need an interview for this petition?

Sometimes. Many standalone petitions do not require a petitioner interview. If you file with an adjustment case, an interview is more likely. Consular cases rarely involve a petitioner interview.

Do you get work authorization from filing this petition?

No. Filing this petition does not grant work authorization. The beneficiary may apply for work authorization if eligible during adjustment. Consular processing does not provide work authorization before entry.

Do you need to submit financial forms with this petition?

Not usually. The financial form comes later in most cases. It appears at the adjustment or consular stage. Keep your tax records ready for that step.

Do you need to notify USCIS if you move?

Yes. You must update your address after filing. You also should update the beneficiary’s address if it changes. Keep your mail forwarding active as a backup.

Do you need to submit original documents?

Usually no. Send clear copies unless USCIS requests originals. Keep originals safe. You may need to bring them to an interview later.

Checklist: Before, During, and After the USCIS Form I-130 – Petition for Alien Relative

Before signing: information and documents you need

• Your full legal name, all prior names, and date of birth.
• Your current and past addresses with dates.
• Your U.S. citizenship or permanent resident details.
• Your A‑Number, if you have one.
• Your marriage history, including all prior marriages.
• Your spouse’s marriage history, if applicable.
• The beneficiary’s full legal name and all prior names.
• The beneficiary’s date and place of birth.
• The beneficiary’s current address and phone.
• The beneficiary’s A‑Number, if any.
• The beneficiary’s last arrival information, if any.
• Proof of your U.S. status (passport, birth certificate, or green card copy).
• Proof of the qualifying relationship:
• Spouse: marriage certificate and evidence of a real marriage.
• Parent or child: birth certificates showing the parent‑child link.
• Sibling: birth certificates showing at least one shared parent.
• Step‑relationship: marriage showing the step link formed before the child’s 18th birthday.
• Proof of termination of all prior marriages (divorce, annulment, or death records).
• Legal name change records, if any.
• Evidence of a good‑faith marriage, if filing for a spouse:
• Joint lease or mortgage.
• Joint bank statements.
• Joint tax returns or transcripts.
• Insurance policies listing each other.
• Photos with dates and contexts.
• Correspondence showing a shared life.
• Passport‑style photos if the current instructions require them.
• A check or payment method for the filing fee.
• A cover page that lists your enclosures for your own tracking.

During signing: sections to verify

• Your name, date of birth, and contact details match your proofs.
• The beneficiary’s name and birth data match their proofs.
• All dates follow the same format and are consistent.
• Relationship category selection is correct.
• Marital history details are complete and accurate.
• Prior immigration history for the beneficiary is accurate.
• Consular processing vs adjustment intent is checked correctly.
• All “yes” or “no” boxes are answered, none left blank.
• Interpreter and preparer sections are complete if used.
• Sign and date the petition in black ink for paper filing.
• Confirm page totals and signature pages are present.
• Confirm the edition date of the form is current.
• Confirm the fee amount matches the current schedule.

After signing: filing, notifying, and storing

• Assemble your packet in logical order. Place the form on top.
• Put status proof and relationship proof behind the form.
• Put marriage or birth certificates after identity items.
• Put translations behind their corresponding documents.
• Include the fee payment at the front as required.
• Make a complete copy of everything for your records.
• File online if allowed, or mail to the correct address.
• Use a trackable mail service if filing by mail.
• Keep your mailing receipt and delivery proof.
• Watch for your Receipt Notice by mail or online.
• Create or update your online account to track the case.
• Set calendar reminders for expected steps and deadlines.
• Update your address promptly if you move.
• Store all notices and copies in a secure folder.

Common Mistakes to Avoid USCIS Form I-130 – Petition for Alien Relative

Submitting weak or mismatched relationship proof

• Consequence: Delays or a Request for Evidence. In marriage cases, suspicion of fraud.
• Don’t forget to include diverse, dated, and consistent evidence.

Leaving parts of the form blank or inconsistent

• Consequence: Rejection or an RFE for missing answers.
• Don’t forget to answer every “yes” or “no” and every date range.

Using wrong names or dates across documents

• Consequence: Identity doubts or processing delays.
• Don’t forget to align spellings, name changes, and exact dates.

Paying the wrong fee or using an outdated form

• Consequence: Rejection and lost time.
• Don’t forget to match the fee and the current form edition.

Choosing the wrong processing path

• Consequence: Extra steps or a denied adjustment filing.
• Don’t forget to confirm whether adjustment or consular processing fits your case.

Forgetting to sign

• Consequence: Immediate rejection and resubmission.
• Don’t forget to sign and date all required signature fields.

What to Do After Filling Out the Form USCIS Form I-130 – Petition for Alien Relative

File the petition the right way

• Confirm you used the current form edition and fee.
• If filing online, upload clear scans and label them well.
• If filing by mail, organize the packet and use tracking.
• Keep a full copy of the final packet, including payment proof.

Track your case

• Save the Receipt Notice and note the receipt number.
• Add the case to your online account to view status.
• Check status updates regularly, but not daily.
• Watch your mail for any USCIS notices.

Respond to any requests

• If you receive an RFE, read it twice before acting.
• Gather the exact documents requested, with translations if needed.
• Organize your response with a simple cover page.
• Mail or upload the response by the deadline. Aim early.

Update USCIS on changes

• Report your address changes promptly.
• Report any major case changes, like a marriage or divorce that affects eligibility.
• If you need to withdraw, send a signed request with your receipt number.

Prepare for the next stage

• For adjustment inside the U.S., confirm visa availability first.
• Prepare the adjustment forms and medical exam when eligible.
• For consular processing, collect civil documents now.
• Prepare the Affidavit of Support and financial evidence for later.

Coordinate with the beneficiary

• Share copies of the petition and all evidence filed.
• Explain the possible timelines and next steps.
• Confirm the beneficiary’s passport is valid for long enough.
• Discuss travel plans. Avoid travel that could complicate the case.

Correcting mistakes after filing

• If you find a minor error, upload a letter with the receipt number if allowed.
• For paper cases, mail a correction letter to the handling office.
• Bring corrections to any interview with supporting proof.
• If the error is serious, seek guidance on the best fix.

Prepare for interviews, if scheduled

• Review your filings and evidence carefully.
• Re‑create a simple timeline of relationship milestones.
• Bring originals of civil documents and key evidence.
• Arrive early and answer questions directly and honestly.

Organize your records

• Keep a binder with your receipt, notices, and copies.
• Keep digital backups in a secure location.
• Note dates of every filing and mailing.
• Record tracking numbers and delivery confirmations.

Set expectations

• Timelines vary by case type and office workload.
• Some cases move quickly. Others wait for visa availability.
• Plan life events with flexibility and contingency time.
• Communicate regularly with the beneficiary about updates.

Plan for approval

• For consular cases, prepare for the visa interview logistics.
• For adjustment cases, prepare for a possible interview and medical.
• After approval, note any conditions based on marriage length.
• Calendar the removal of conditions filing date if needed.