Key Facts About Form I-130: Petition for Alien Relative
Key Points to Know
- Form I-130 is required to establish a qualifying family relationship between a U.S. petitioner and the beneficiary relative.
- Processing times for immediate relatives (spouses, parents, and unmarried children under 21) currently average 14.6 months, based on USCIS data.
- Processing times for relatives of lawful permanent residents depend on visa number availability as outlined in the Visa Bulletin.
The United States continues to offer life-changing opportunities for families seeking stability, security, and long-term growth. One of the most important benefits of becoming a U.S. citizen or lawful permanent resident is the ability to sponsor foreign family members for permanent residency. To begin this process, a U.S. petitioner must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS).
At Green Card Link, its immigration attorneys guide clients through the I-130 petition process, providing clear advice on eligibility, required documentation, and next steps toward securing a family-based green card.
What is Form I-130?
Form I-130, also known as the Petition for Alien Relative, is the first step in the family-based immigration process. Its primary purpose is to confirm a legitimate relationship between the petitioner (a U.S. citizen or lawful permanent resident) and the beneficiary (a foreign relative).
The petitioner must be:
- A U.S. citizen, or
- A lawful permanent resident (green card holder)
The beneficiary may be:
- A spouse
- A child (minor or adult)
- A parent
- A sibling
When USCIS approves the I-130, it means the family relationship has been verified. However, approval does not grant the beneficiary legal status in the U.S.. Instead, it is the first milestone toward obtaining a green card through adjustment of status (if already in the U.S.) or consular processing (if abroad).
Who is Eligible to File Form I-130?
U.S. Citizens May Sponsor:
- Immediate Relatives:
- Spouse
- Unmarried children under 21
- Parents (if the citizen is at least 21 years old)
- Spouse
- Other Family Members Under Preference Categories:
- F1: Unmarried sons and daughters (21 and older)
- F3: Married sons and daughters
- F4: Brothers and sisters (if the citizen is at least 21 years old)
- F1: Unmarried sons and daughters (21 and older)
Lawful Permanent Residents (LPRs) May Sponsor:
- F2A: Spouse and unmarried minor children
- F2B: Unmarried sons and daughters (21 and older)
How to File Form I-130: Step-by-Step
Step 1: Download and Complete Form I-130
Provide accurate information about yourself (the petitioner), your relative (the beneficiary), and your relationship.
Step 2: Gather Supporting Evidence
- Marriage certificate and proof of a genuine marriage (joint bank accounts, photos, bills, etc.)
- Birth certificates or adoption records (if applicable)
- Passport-style photos of both petitioner and beneficiary
- Proof of petitioner’s U.S. citizenship or permanent residency, such as:
- U.S. birth certificate
- Naturalization certificate
- Consular report of birth abroad (Form FS-240)
- Unexpired U.S. passport
- U.S. birth certificate
Step 3: Submit the Petition
- Online: File through your USCIS online account.
- By Mail: Send the completed form and evidence to the correct USCIS Lockbox (location varies by state).
Step 4: Pay the Filing Fee
- $625 when filed online
- $675 when filed by paper Payment options: check, money order (payable to “U.S. Department of Homeland Security”), or credit card (Form G-1450).
Step 5: Track Your Case
- After submission, USCIS issues a Receipt Notice (Form I-797).
- You can monitor progress online using the receipt number.
- For family preference categories, monitor the Visa Bulletin to determine when a visa number is available.
Step 6: Next Steps After Approval
- If the beneficiary is in the U.S.: File Form I-485 (Adjustment of Status). Immediate relatives of U.S. citizens may file this form concurrently with the I-130.
- If the beneficiary is abroad: The case is sent to the National Visa Center (NVC), followed by consular processing at a U.S. embassy or consulate.
How to Complete Form I-130 (By Section)
- Part 1: Relationship to the beneficiary
- Part 2: Petitioner’s personal and immigration details
- Part 3: Biographic information (race, eye color, hair color, height, weight, etc.)
- Part 4: Detailed information about the beneficiary
- Part 5: Additional petitioner and beneficiary details, plus penalties for misrepresentation
- Part 6: Petitioner’s statement, declaration, and signature
- Part 7: Interpreter’s certification and signature (if applicable)
- Part 8: Preparer’s information and signature (if someone else assisted with the form)
- Part 9: Extra space for additional information not covered above
✅ At Green Card Link, its immigration attorneys are dedicated to guiding families through the complex U.S. immigration process. From filing the I-130 petition to navigating adjustment of status or consular processing, professional guidance can make the difference between delays and successful approval.
Complete Guide to Form I-130 Petition for Alien Relative
Begin Your Family Immigration Process Today
Reuniting with loved ones in the United States starts with Form I-130, Petition for Alien Relative. Completing this petition correctly is critical to avoid delays. All sections of Form I-130 must be filled out clearly in typed format or black ink.
At Green Card Link, its immigration attorneys can guide you through each step of the I-130 process to help ensure accuracy and maximize your chances of approval.
Required Documents for Form I-130
To support your petition, you must provide evidence proving both your eligibility and the validity of your family relationship with the beneficiary. The documentation required may vary depending on the type of relationship being established.
I-130 Documents Checklist
Proof of Petitioner’s Status in the U.S.
- U.S. Passport
- U.S. Birth Certificate
- Naturalization Certificate
- Green Card (Permanent Resident Card)
Proof of Qualifying Family Relationship
- Spouse: Marriage Certificate
- Children: Birth Certificates showing parent-child relationship
- Parents: Birth Certificate establishing the parent-child connection
- Siblings: Birth Certificates of both petitioner and beneficiary
Evidence That the Relationship is Genuine (not fraudulent)
- Photos together
- Joint financial records (e.g., bank accounts)
- Personal correspondence
- Affidavits from friends and family confirming the relationship (especially for marriages and fiancées)
Proof of Beneficiary’s Nationality
- Valid Passport
- Birth Certificate
Proof of Legal Name Changes (if applicable)
- Court Order
- Marriage Certificate
- Other official documents verifying the change
Form and Photos
- Completed, signed, and dated Form I-130
- One passport-sized photo of the petitioner and one of the beneficiary
👉 Tip: If you are petitioning for a spouse, remember to also review Form I-130A: Supplemental Information for Spouse Beneficiary.
I-130 Processing Times
USCIS processing times vary depending on the type of relationship and the preference category.
Immediate Relatives of U.S. Citizens
(includes spouses, parents, and unmarried children under 21)
- Average processing time: 14.6 months
Family-Sponsored Preference Categories
Preference Category | Description | Average Processing Time |
F1 | Unmarried sons and daughters of U.S. citizens | ~9 years |
F2A | Spouses and children of permanent residents | ~3 years |
F2B | Unmarried sons/daughters (21+) of permanent residents | ~9 years |
F3 | Married sons and daughters of U.S. citizens | ~14 years |
F4 | Brothers and sisters of adult U.S. citizens | ~18 years |
⚠️ Note: These estimates fluctuate. Always check the USCIS Processing Time Tool or the Department of State Visa Bulletin for the most recent updates.
👉 If USCIS needs more information, they may issue a Request for Evidence (RFE). An RFE could significantly delay your case. Working with an experienced immigration attorney at Green Card Link can help reduce the risk of an RFE.
What Happens After I-130 Approval?
- Relative Outside the U.S.
Your case is forwarded to the National Visa Center (NVC) for consular processing. The relative attends an interview at a U.S. embassy or consulate. If successful, they are granted an immigrant visa. - Relative Inside the U.S.
The beneficiary may apply for a Green Card through adjustment of status by filing Form I-485. - Priority Date Becomes Current
For family-sponsored preference categories, monitor the Visa Bulletin to determine when your case can move forward. - Interview Preparation
Collect all required documents and ensure your relative is prepared for the visa or green card interview. - Green Card Issuance Upon approval, the beneficiary receives either an immigrant visa (if abroad) or a Green Card (if adjusting status in the U.S.).
Green Card Timelines After I-130
- Immediate Relatives (U.S. citizens sponsoring spouse, child, or parent): Typically 9.5 months if inside the U.S., or about 20.6 months total for those abroad (including NVC processing).
- Family Preference Categories:
- F1: 9 years
- F2A: 3 years
- F2B: 9 years
- F3: 14 years
- F4: 18 years (can be longer for high-demand countries like Mexico, India, and the Philippines)
- F1: 9 years
I-130 Filing Fees
- Online Filing: $625
- Paper Filing: $675
Green Card-Related Fees
- Adjustment of Status (I-485): $1,440
- Affidavit of Support (consular processing only): $120
- Immigrant Visa Application Fee: $325
- USCIS Immigrant Fee: $220 (paid before entering the U.S. on an immigrant visa)
FAQs About Form I-130
Can I check the status of my I-130?
Yes. Use the USCIS online case status tool with your receipt number (found on Form I-797C, Notice of Action).
Can I file the I-130 online?
Yes. USCIS allows electronic filing for certain petitioners, although paper filing is also accepted.
What if my I-130 is denied?
Denials occur if eligibility isn’t met, the relationship isn’t proven, or immigration violations exist. An immigration attorney at Green Card Link can help you avoid these pitfalls.
What is a priority date?
It’s the date USCIS receives your I-130 petition. For preference categories, the priority date determines when your relative can apply for a visa or Green Card.
Do I need to prove U.S. domicile if I live abroad?
Yes. You must show intent to return permanently, using evidence such as U.S. tax filings, property ownership, lease agreements, bank accounts, or a statement of intent to reestablish residence.
Why Work With Green Card Link?
Filing Form I-130 is just the first step in securing a family-based Green Card. Even if you have a qualifying relationship, presenting your petition effectively is crucial. At Green Card Link, its immigration attorneys provide tailored guidance, ensure your documentation is complete, and represent your case with the highest level of professionalism.
With years of experience helping families navigate the U.S. immigration system, Green Card Link is dedicated to reuniting loved ones and maximizing your chances of approval.
📌 Take the first step today. Contact Green Card Link and let its immigration attorneys help bring your family together in the United States.