Family-Based Immigration: Filing Form I-130 to Bring Relatives to the U.S.
One of the greatest benefits of being a U.S. citizen or lawful permanent resident is the ability to reunite with loved ones by sponsoring them for a Green Card. To begin this process, you must file Form I-130, Petition for Alien Relative, which establishes the qualifying family relationship. Once the petition is approved, your eligible relative may apply for permanent residency. At Green Card Link, its immigration attorneys guide families through every step of this process, ensuring accuracy, efficiency, and compliance with USCIS requirements.
If your relative is already living in the United States and a visa number is immediately available, they may be able to fast-track their case by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If they reside outside the U.S., the case will proceed through consular processing at a U.S. embassy or consulate. Both pathways ultimately provide lawful permanent resident status, but the best route depends on your relative’s current circumstances.
Who Qualifies for Sponsorship Under Form I-130?
Not every family member is eligible right away. While immediate relatives of U.S. citizens have visas available to them without annual limits, other relatives must wait until a visa number becomes available in their category.
Immediate relatives include:
- Spouses of U.S. citizens
- Unmarried children under 21 of U.S. citizens
- Parents of U.S. citizens (if the sponsoring U.S. citizen is at least 21 years old)
Other relatives who can be sponsored by U.S. citizens:
- Unmarried sons and daughters over 21
- Married sons and daughters (any age)
- Brothers and sisters (if the U.S. citizen sponsor is at least 21)
Relatives that lawful permanent residents can petition for:
- Spouse
- Unmarried children under 21
- Unmarried sons and daughters over 21
Each eligible family member requires a separate Form I-130 filing.
Step-by-Step Instructions for Completing Form I-130
Part 1: Relationship
Identify your relationship to the beneficiary. If you are petitioning for a spouse, you must also submit Form I-130A. If petitioning for a child, indicate whether the child is biological, adopted, or a stepchild, and provide the details of the parental relationship.
Part 2: Information About the Petitioner
Provide your biographic details, including name, address, marital history, information about parents, citizenship status, and employment details.
Part 3: Biographic Information
Select details such as ethnicity, race, height, weight, eye color, and hair color.
Part 4: Information About the Beneficiary
Enter your relative’s information, including A-number (if any), USCIS online account number, SSN, full name, addresses, contact information, and marital status.
Part 5: Other Filings
If you have previously filed a petition for this same beneficiary, disclose it here.
Parts 6–9 cover interpreter and preparer details, as well as space for additional explanations if necessary.
Filing Fee and Submission
- Filing Fee: $535 (can be paid by money order, cashier’s check, or personal check)
- Where to File: Form I-130 may be filed online or by mail, depending on your location and whether you are filing concurrently with Form I-485. Fee waivers are available but only when filing by mail.
Always confirm you are using the latest edition of USCIS forms before filing.
Understanding Form I-130A (For Spousal Petitions)
Form I-130A, Supplemental Information for Spouse Beneficiary, is required when petitioning for a spouse. It provides USCIS with additional biographic information to confirm the legitimacy of the marital relationship. The immigrant spouse must sign this form, and it must be submitted alongside the I-130 package.
Instructions for I-130A:
- Part 1: Basic details about the spouse beneficiary, including A-number, names, and addresses for the past five years.
- Part 2–3: Employment history inside and outside the U.S.
- Part 4: Certification and signature by the spouse beneficiary, including acknowledgment of whether an interpreter or preparer assisted.
- Parts 5–6: Interpreter or preparer information, if applicable.
Take the Next Step Toward Reuniting With Your Family
Filing family-based immigration petitions can be overwhelming, but with the help of immigration attorneys at Green Card Link, you can avoid mistakes, prevent unnecessary delays, and improve your chances of success. Our team provides personalized guidance tailored to your situation—whether you are sponsoring a spouse, child, parent, or sibling.
Start your journey today. Contact Green Card Link to schedule a consultation and unlock the fastest path to reunite with your loved ones in the United States.
Form I-130A Supporting Documents and Family Visa Categories
When filing Form I-130A, it’s important to provide strong documentation to establish your eligibility. Below are examples of the types of evidence commonly required:
Required Supporting Documents for Form I-130A
- A certified copy of your marriage certificate
- Evidence of jointly owned property
- Divorce decrees or annulment papers from any prior marriages
- Proof of shared financial accounts, such as joint bank statements
- Birth certificates of children born to the marriage
- Sworn affidavits from friends or family attesting to the bona fides of your marriage
Immediate Relative Immigrant Visa Categories
- IR-1: Spouse of a U.S. citizen
- IR-2: Unmarried child under 21 of a U.S. citizen
- IR-3: Orphan adopted abroad by a U.S. citizen
- IR-4: Orphan entering the United States to be adopted by a U.S. citizen
- IR-5: Parent of a U.S. citizen who is at least 21 years old
Family Preference Categories
- F1 – Family First Preference: Unmarried sons and daughters of U.S. citizens
- F2 – Family Second Preference: Spouses and unmarried children (under 21) of lawful permanent residents
- F3 – Family Third Preference: Married sons and daughters of U.S. citizens (any age)
- F4 – Family Fourth Preference: Brothers and sisters of U.S. citizens age 21 or older
If you’re interested in learning how to sponsor a loved one or even a close family friend to immigrate to the United States, the immigration attorneys at Green Card Link can guide you through every step of the process.
Form I-130 Petition Approval and Denial
Once your Form I-130 or I-130A is approved, you will receive a Form I-797, Notice of Action from USCIS. The petition will then be forwarded to the National Visa Center (NVC) to wait for a visa number to become available.
For immediate relatives, there is no annual cap on visa numbers, so the process tends to move much faster than family preference categories, where long waiting periods are common.
Frequently Asked Questions About Forms I-130 and I-130A
At Green Card Link, its immigration attorneys are frequently asked about Form I-130 and I-130A requirements. Below are answers to the most common concerns:
Is there a visa category for married children of permanent residents (LPRs)?
No. Married children of LPRs are not eligible for a family-based visa category.
What if my child gets married before immigrating to the U.S. or adjusting status?
If your son or daughter marries before receiving permanent residency, USCIS will deny or automatically revoke the petition. This is a critical scenario to discuss with an immigration attorney at Green Card Link to evaluate your options.
Will I need a biometric services appointment?
Yes, USCIS may require you to appear for fingerprinting, an interview, or to provide other necessary information.
How can I confirm USCIS received my petition?
You can file Form G-1145, E-Notification of Application/Petition Acceptance to receive an email or text notification when USCIS accepts your petition.
Where can I find the Form I-130A PDF?
The form can be downloaded directly from the official USCIS website.
What is the filing fee for Form I-130A?
Form I-130A itself has no separate fee. However, the standard filing fee for Form I-130 is $535.
Do I need to submit Form I-130A for my children?
No, this supplemental form applies only to your spouse in marriage-based green card petitions.
What if my spouse lives in the U.S. but I am abroad?
In that case, your spouse can complete Form I-130A and mail it to you to sign before submission.
How Green Card Link Can Help
Sponsoring a family member for lawful permanent residency is a life-changing step, and the process can be overwhelming without professional support. At Green Card Link, its immigration attorneys provide experienced guidance, helping families prepare strong applications and avoid costly mistakes. From ensuring the right documentation is submitted to answering complex questions about eligibility, the attorneys at Green Card Link are committed to making the immigration journey smoother for you and your loved ones.