USCIS Form I-130: Everything You Need to Know

Form I-130 Explained

The purpose of Form I-130, Petition for Alien Relative, is to allow a U.S. citizen or lawful permanent resident to establish a qualifying relationship with certain alien relatives who wish to immigrate to the United States. This form is necessary to initiate the immigration process for eligible relatives. It must be filed with the U.S. Citizenship and Immigration Services (USCIS), and supporting documents are required to prove the familial relationship as outlined in the form's instructions​.

What is the I-130 form used for?

Form I-130, Petition for Alien Relative, is used to establish a valid family relationship between a U.S. citizen or lawful permanent resident (LPR) and a foreign relative who wishes to immigrate to the United States. It is the initial step in the process of sponsoring a family member for a green card, aiming to prove the legal relationship between the petitioner and the beneficiary.

Filing Form I-130 allows U.S. Citizenship and Immigration Services (USCIS) to determine the beneficiary’s eligibility for immigrant status based on their family relationship to the petitioner. USCIS will review the petition along with the required supporting documents to verify the legitimacy of the relationship. If the petition is approved, the beneficiary may proceed with the green card application process, which includes attending an interview at a U.S. embassy or consulate.

The primary purpose of Form I-130 is to facilitate the reunification of U.S. citizens or LPRs with their eligible foreign relatives and to provide a pathway for these relatives to become lawful permanent residents​.

Who is eligible to file an I-130 Petition for Alien Relative?

A U.S. citizen or lawful permanent resident (LPR) may file Form I-130, Petition for Alien Relative, to establish the existence of a qualifying relationship with certain relatives who wish to immigrate to the United States. U.S. citizens can file Form I-130 for their spouse, unmarried children under 21, unmarried sons or daughters 21 or older, married sons or daughters of any age, siblings (if the petitioner is at least 21 years old), and parents (if the petitioner is at least 21 years old). LPRs can file for their spouse, unmarried children under 21, and unmarried sons or daughters 21 or older.

The petitioner must provide supporting evidence to demonstrate the validity of the familial relationship as required by USCIS.

Form I-130 Instructions

Who can file the I-130 form?

Any U.S. citizen or lawful permanent resident (LPR) who wishes to sponsor a qualifying family member for a green card may file Form I-130, Petition for Alien Relative. Eligible relatives include spouses, children, parents, and siblings, depending on the petitioner’s status. U.S. citizens can sponsor a broader range of relatives, including married sons or daughters and siblings, while LPRs are limited to sponsoring their spouse, unmarried children under 21, and unmarried sons or daughters 21 or older.

However, it is important to note that certain family members, such as grandparents, aunts, uncles, cousins, and other extended relatives, are not eligible for sponsorship through Form I-130. The process for sponsoring a relative may also vary depending on the nature of the relationship and whether the petitioner is a U.S. citizen or LPR. It is important to carefully review the eligibility requirements and, if necessary, consult with an immigration attorney or qualified professional to ensure compliance and to answer any questions regarding eligibility.

Which documents must be submitted in order to file the I-130 form?

To file Form I-130, Petition for Alien Relative, a number of supporting documents must be submitted to demonstrate the petitioner’s eligibility and the validity of the family relationship. The specific documents required may vary depending on the petitioner’s relationship to the beneficiary and whether the petitioner is a U.S. citizen or lawful permanent resident (LPR). However, the following documents are generally required for most I-130 petitions:

1. Proof of Petitioner’s U.S. Citizenship or Lawful Permanent Resident (LPR) Status:

• If you are a U.S. citizen: Provide a copy of your U.S. birth certificate, naturalization certificate, certificate of citizenship, unexpired U.S. passport, or a Consular Report of Birth Abroad (CRBA).

• If you are a lawful permanent resident: Submit a copy of both sides of your Permanent Resident Card (Form I-551), or if you have not yet received your card, submit a copy of your passport page showing admission as an LPR or other evidence of LPR status.

2. Proof of Family Relationship:

• For a spouse: Provide a copy of your marriage certificate. If either party has been previously married, submit documentation showing legal termination of prior marriages (e.g., divorce decrees). You must also include evidence of a bona fide marriage, such as joint ownership of property, joint financial documents, or affidavits from third parties.

• For a child: Submit the child’s birth certificate showing both parents' names.

• For a parent: Provide the petitioner’s birth certificate showing both parents' names.

• For a sibling: Submit both your birth certificate and your sibling’s birth certificate showing at least one common parent.

3. Photographs (If Filing for a Spouse):

Provide two identical, color passport-style photographs of yourself and your spouse if your spouse is in the U.S. The photographs must meet USCIS photo requirements.

4. Translations:

If any document is in a language other than English, you must include a complete English translation. The translator must certify that the translation is accurate and that they are competent to translate from the foreign language into English. The certification must include the translator’s name, signature, and contact information.

Carefully review the instructions provided with Form I-130 to ensure all required documents are submitted based on your specific situation.

USCIS filing fees I-130

The USCIS paper filing fee for Form I-130 (Petition for Alien Relative) is $675, while online filing fee is $625. It is important to note that USCIS fees are subject to change, so before submitting any applications or petitions, check the USCIS website for the most up-to-date filing fees. There may also be additional fees associated with the immigration process, such as fees for medical exams, travel expenses, and legal representation, which should be factored into the overall cost of the immigration process.

How do I file the I-130 Petition for Alien Relative?

To file Form I-130, Petition for Alien Relative, the U.S. citizen or lawful permanent resident (LPR) petitioner must complete and submit the form to U.S. Citizenship and Immigration Services (USCIS). The form requires the petitioner to provide personal information about themselves and the beneficiary, including names, birthdates, addresses, and details about their relationship. The petitioner must also disclose information about any previous marriages or divorces.

When submitting Form I-130, the petitioner must include the following:

• A completed and signed Form I-130.

• Required supporting documents that establish the petitioner's U.S. citizenship or LPR status and prove the family relationship to the beneficiary, as outlined in the instructions for the form.

Once USCIS receives the I-130 petition, they will review the form and supporting documents to verify the validity of the relationship. If the petition is approved, the beneficiary will be eligible to apply for a green card. If the beneficiary is outside the United States, they will be scheduled for an interview at a U.S. embassy or consulate in their country of residence.

Processing times for Form I-130 can vary depending on the volume of petitions USCIS is handling and the specific relationship between the petitioner and beneficiary. It may take several months to more than a year for USCIS to process the petition

What happens after I file Form I-130?

After filing Form I-130, U.S. Citizenship and Immigration Services (USCIS) will review the petition and the supporting documents to determine whether the petitioner is eligible to sponsor their relative for a green card.

If the petition is complete and meets the eligibility requirements, USCIS will approve the I-130 petition and forward it to the National Visa Center (NVC) for further processing. The NVC will then notify the petitioner and beneficiary of the next steps, which may include submitting additional forms, paying required fees, and scheduling an interview at a U.S. embassy or consulate in the beneficiary’s country of residence.

If USCIS finds that the petition is incomplete or lacks necessary information, they may issue a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). The petitioner will be required to respond to the RFE or NOID within the specified timeframe and provide any additional documents or information requested by USCIS.

If USCIS determines that the petitioner is not eligible to sponsor their relative, they will deny the I-130 petition and provide a written explanation of the decision

Translation of Supporting Documents

How to Translate I-130 documents?

An English translation must be included with any non-English documents you include with your I-130 petition. The translation must be certified, which means it must contain a declaration from the translator stating that they are qualified to translate and that the text is accurate. Additionally, the certification should include the translator's name, signature, and contact information.

Here are the steps to translating I-130 documents:

1. Identify Documents for Translation:

• Recognize which documents need translation; any non-English documents should be translated.

2. Find a Qualified Translator:

• Locate a translator proficient in both English and the original language.

• Prioritize a qualified translator with expertise in legal document translation or knowledge of the specific subject matter.

3. Provide Documents To Translator:

• Furnish the translator with a copy of the original document requiring translation.

4. Request Certified Translation:

• Ask the translator to produce a certified translation.

• The certification should affirm the translator's competence, accuracy of translation, and include their name, signature, and contact details.

5. Submit Original and Translated Documents:

• Combine the original document and the certified translation.

• Submit both versions together with your I-130 petition.

Note: If the prospect of handling the translation process yourself seems daunting, you may want to explore the option of enlisting the help of online certified translation services. These services can provide a convenient and efficient way to ensure that your documents are accurately translated and meet USCIS requirements.

I-130 Petition Processing Time

How long does it take to process the I-130 form?

The processing time for Form I-130, Petition for Alien Relative, varies based on several factors, including the current volume of cases being processed by USCIS, the nature of the family relationship between the petitioner and beneficiary, and whether the petition was submitted with all required supporting documents. Generally, USCIS processing times can range from several months to over a year.

If the petition is complete and there are no issues, USCIS may approve the I-130 in a relatively short period. However, processing times may increase if additional evidence is required or if there are errors or omissions in the submission. Additionally, processing times may be longer if the petition is being handled by a USCIS office outside the United States, as local conditions can affect the timeline.

It's important to note that USCIS processing times are subject to change and are not guaranteed. For the most up-to-date information, it is recommended to check the USCIS website for current processing times and consult an immigration attorney or a qualified professional to address any concerns about delays or issues with your application.

How to check form i130 status?

You can use the USCIS online case status tool to find out the current status of your I-130 petition. The steps to check the status of your I-130 petition are as follows:

1. Visit USCIS Case Status Online: Go to the USCIS Case Status Online tool.

2. Input Receipt Number: Enter the receipt number from the Form I-797, Notice of Action, which you received from USCIS after submitting Form I-130.

3. Check Status: Click on the “Check Status” button to view the current status of your petition.

4. Review Petition Status: The system will show the current processing status of your I-130 petition. If the petition is still pending, it will provide an update or estimated processing time.

Additionally, you may contact USCIS by phone at 1-800-375-5283 if you have not received your receipt notice or need further assistance. You can also schedule an in-person appointment at your local USCIS office if you need more detailed information.

It is important to remember that processing times can vary, and the estimated time provided by the online tool is only an estimate

I-130 Petition Denial and Approve

What happenes after I 130 approved?

After Form I-130 is approved, the next steps depend on the beneficiary’s location and immigration status.

• If the beneficiary is in the United States and eligible for adjustment of status: The petitioner can file Form I-485, Application to Register Permanent Residence or Adjust Status. The beneficiary will also be required to attend a biometrics appointment and an interview at a USCIS office.

• If the beneficiary is outside the United States: The case will be forwarded to the National Visa Center (NVC) for consular processing. The NVC will provide further instructions, including the required documentation and forms to complete. They will also schedule a visa interview for the beneficiary at a U.S. embassy or consulate in their home country.

In either case, approval of the I-130 petition does not grant immediate permanent residence or a visa. The beneficiary must complete these additional steps to obtain immigrant status

What Is The Next Step After I-130 Approval For Spouse?

After the I-130 petition is approved for a spouse, the next steps are as follows:

Form DS-260: The beneficiary (spouse) must complete and submit Form DS-260, Online Immigrant Visa Application, if they are outside the United States and undergoing consular processing.

Affidavit of Support (Form I-864): The petitioner must submit Form I-864, Affidavit of Support, to demonstrate the ability to financially support the spouse. This form is submitted to the National Visa Center (NVC) along with any required financial documentation.

National Visa Center (NVC): Once the NVC receives all the required documents and reviews them, they will schedule a visa interview for the spouse at a U.S. embassy or consulate in their home country.

Medical Examination and Police Clearance: Before the visa interview, the spouse must undergo a medical examination conducted by an approved panel physician. A police clearance certificate from the spouse’s home country or any other country they’ve resided in may also be required.

Visa Interview: The spouse must attend a visa interview at the U.S. embassy or consulate. During the interview, the spouse will present required documents and answer questions regarding their relationship with the petitioner and future plans.

Visa Approval: If the visa is approved, the spouse will be issued an immigrant visa.

U.S. Entry: After receiving the visa, the spouse can enter the United States through a port of entry. Upon arrival, the spouse will be admitted as a lawful permanent resident, and the Green Card will be mailed to the U.S. address provided in the application.

Can I file an appeal if my I-130 is denied?

If your Form I-130 is denied, you may have the option to file an appeal or motion if you believe USCIS made an error in its decision. To begin the appeals process, you must file Form I-290B, Notice of Appeal or Motion, within 30 days of receiving the denial notice.

There are different options for addressing the denial:

Administrative Appeals: You can submit an appeal to the USCIS Administrative Appeals Office (AAO). The AAO reviews decisions on certain USCIS applications and petitions, including family-based petitions like Form I-130.

Motion to Reopen or Reconsider: Instead of appealing, you may also file a motion to reopen or reconsider the decision with USCIS. A motion to reopen is based on new evidence or changed circumstances, while a motion to reconsider is based on a claim that USCIS made a legal or factual error.

It is important to carefully review the reasons for the denial and seek professional advice, as not all denials are appealable. Additionally, certain denials, such as those based on criminal grounds or national security concerns, may not be eligible for appeal. Consulting with an immigration attorney or other qualified professional is recommended to evaluate your specific situation and determine the best course of action​.

I-130 Withdrawal

If I change my mind, can I withdraw my I-130 form?

Yes, you can withdraw your Form I-130, Petition for Alien Relative, if you decide not to continue sponsoring your relative for a green card. To withdraw the petition, you must submit a written request to the USCIS office that is processing your case. The withdrawal request should include your full name, the beneficiary's full name, the Form I-130 receipt number, and a clear statement indicating your desire to withdraw the petition.

It’s important to note that if USCIS has already approved the I-130 petition and forwarded it to the National Visa Center (NVC), withdrawing the petition may be more complicated. In such cases, additional steps may be required to formally cancel the petition with the NVC, depending on the stage of the case processing.

Additionally, withdrawing the I-130 petition does not automatically cancel any pending or approved visas or green cards if your relative has already applied for or received an immigration benefit based on the petition. It is recommended that you consult with an immigration attorney or a qualified immigration professional to assess the best course of action based on your specific circumstances.

In summary, you can withdraw the I-130 petition by sending a written request to USCIS, but it is advisable to seek professional advice to ensure the correct procedure is followed, especially if the case has advanced

Frequently Asked Questions

Do I need a lawyer to file the I-130 form?

Although you are not required to have legal representation in order to file the I-130 form, it is advised that you do so in order to ensure that you are properly filling out the form and submitting the necessary documentation.

An immigration lawyer or other expert can help you prepare for any required hearings or interviews as well as provide advice on any potential problems or issues that might come up during the application process. Additionally, a lawyer or other professional can help you comprehend your legal rights and options if your application is delayed or denied.

In general, hiring a lawyer is not necessary to file the I-130 form, but doing so can increase your chances of success by ensuring that your application is prepared and submitted correctly.

How long after i-130 approval to interview?

The wait time for an interview after Form I-130 approval varies based on factors such as visa type and processing times at the National Visa Center (NVC) and U.S. consulates. Once the I-130 petition is approved, the case is forwarded to the NVC for further processing. The NVC will review the case and schedule a visa interview at the U.S. embassy or consulate in the beneficiary's country. The timing depends on visa availability and other case-specific factors.

Can you travel after filing I-130?

Form I-130 is used to establish a qualifying family relationship for immigration purposes, and filing it does not grant any travel privileges or immigration status to the beneficiary.

For beneficiaries who are outside the U.S., the I-130 petition alone does not allow them to travel to the U.S. while their immigration process is ongoing. They would need to wait for the appropriate visa approval. For those already in the U.S. on a valid non-immigrant visa, traveling outside the U.S. may complicate their immigration process depending on their current visa status and the stage of their application.

If a beneficiary is seeking to adjust status through Form I-485, it is important to obtain advance parole (Form I-131) before leaving the U.S., as leaving without it could result in the abandonment of their adjustment of status application.

Travel-related concerns after filing Form I-130 should be reviewed with an immigration attorney or qualified professional to avoid issues.

Can I travel after i-130 is approved?

After the I-130 form is approved, the beneficiary cannot travel to the United States right away. They must first wait for their green card application to be processed and approved. Once the green card is granted, the beneficiary has up to six months to enter the United States.

Can I File I 130 And I 485 Concurrently?

Yes, you can concurrently file I 130 and I 485.

How to file i130 and i485 together?

To file Form I-130 and Form I-485 together, the petitioner must first establish a qualifying relationship with the beneficiary, who must already be in the United States. If an immigrant visa is immediately available, such as for immediate relatives (spouse, child, or parent of a U.S. citizen), the beneficiary may file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time as Form I-130.

This is known as concurrent filing. By submitting both forms together, the beneficiary can apply for a Green Card without waiting for USCIS to approve the I-130 petition first. When completing Form I-130, ensure you select the option for adjustment of status if the beneficiary is in the U.S. If the beneficiary qualifies and all supporting documents are properly submitted, both forms can be processed simultaneously

What is the difference between i-130 and i-485?

The main difference between Form I-130 and Form I-485 lies in their purposes and the stages of the immigration process they represent:

Form I-130 (Petition for Alien Relative): This form is filed by a U.S. citizen or lawful permanent resident (LPR) to establish a qualifying family relationship with a foreign national relative. It is the first step in the process to help a relative immigrate to the United States. Filing and approving Form I-130 does not grant any immigration status; it simply establishes the relationship between the petitioner and the beneficiary, making the beneficiary eligible to apply for an immigrant visa or Green Card.

Form I-485 (Application to Register Permanent Residence or Adjust Status): This form is used by the beneficiary (the relative) to apply for a Green Card if they are already in the United States and an immigrant visa is available. Form I-485 allows the foreign national to adjust their status from a temporary visa holder (or other legal status) to a permanent resident (Green Card holder). It is filed after or in conjunction with Form I-130 if an immigrant visa is immediately available.

In summary, Form I-130 initiates the process by establishing the family relationship, while Form I-485 is the next step, allowing the beneficiary to apply for permanent residency in the U.S.​

Can I file the I-130 form if I am a lawful permanent resident but not a US citizen?

Yes, a lawful permanent resident (LPR) can file Form I-130 to petition for certain eligible relatives. As a lawful permanent resident, you can file Form I-130 for:

• Your spouse

• Your unmarried child under 21 years of age

• Your unmarried son or daughter who is 21 years of age or older

However, as a lawful permanent resident, you cannot file Form I-130 for married children or siblings. Those categories are available to U.S. citizens only.

Can I file the I-130 form while my relative is still in the US?

Yes, you can file Form I-130 while your relative is still in the U.S. If your relative is already in the United States and is eligible to adjust status, they may be able to file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time, provided an immigrant visa is immediately available. This is known as concurrent filing.

If your relative is not eligible to adjust status or an immigrant visa is not available, they may still remain in the U.S. while the I-130 petition is being processed. Once the petition is approved and a visa becomes available, they can then apply for adjustment of status if eligible.

“We collected and distilled information on immigration for our site visitors from USCIS and other sources as a basic guide. MotaWord is a translation platform providing certified translations for immigration applicants and not a law firm. The information provided should not be construed as legal advice and might not be current. For current information please refer to the USCIS website or speak to your licensed immigration attorney.”