What Is Form I-130?

Form I-130 is the official petition used by a U.S. citizen or lawful permanent resident (Green Card holder) to establish a qualifying family relationship with a foreign relative and begin the family-based immigration process.

Note: Filing this form does not grant legal status or a visa by itself — it is simply the first step in helping a family member immigrate to the United States.

Eligibility Requirements

To file Form I-130, you must meet the following conditions:

• ✔️The petitioner must be:
  • A U.S. citizen (by birth or naturalization), or
  • A lawful permanent resident (Green Card holder)
• ✔️The beneficiary (foreign relative) must have a qualifying relationship with the petitioner:✅ U.S. Citizens can petition for:
  • Spouse
  • Children (unmarried or married, of any age)
  • Parents (if petitioner is at least 21 years old)
  • Siblings (if petitioner is at least 21 years old)
  Green Card holders can petition for:
  • Spouse
  • Unmarried children (any age)

Step-by-Step Process

1. Complete Form I-130 and (if petitioning a spouse) Form I-130A as well.
2. Gather supporting documents, including proof of the petitioner’s status and evidence of the family relationship.
3. Submit the form and documents to USCIS by mail or online (depending on eligibility).
4. USCIS will review the petition and either:
   • Approve it
   • Issue a Request for Evidence (RFE)
   • Deny the petition
5. If approved, the case is forwarded to:
   • The National Visa Center (NVC) for consular processing (if the beneficiary is abroad), or
   • Remains with USCIS for Adjustment of Status (if the beneficiary is already in the U.S. and eligible)

📄Required Documents

Documentation may vary, but generally includes:

• Proof of the petitioner’s status:
  • U.S. passport, birth certificate, naturalization certificate, or Green Card
• Proof of the relationship, such as:
  • Marriage certificate (for spouses)
  • Birth certificates (for children or parents)
  • Photos, shared finances, travel records (for spousal relationships)
• Legal name change documents, if applicable
• Passport-style photos of both petitioner and beneficiary
• Filing fee receipt (currently $535 USD)

Key Restrictions

⚠️ Approval of the I-130 does not grant a visa or lawful status — the beneficiary must still go through the visa or adjustment process.

⚠️ The I-130 does not allow immediate entry to the U.S.

⚠️ If the family relationship ends (e.g., divorce or death), the petition may be canceled — although exceptions exist in some cases.

Can Other Family Members Be Included?

• No. You must file a separate I-130 for each relative you wish to sponsor.
• In some visa categories, derivative family members (spouse and children of the main beneficiary) may also qualify to immigrate under the same petition — for example, in family preference categories like F2A or F3.

Expected Processing Times

Processing time varies depending on:

• Relationship type (e.g., spouse vs. sibling)
• Country of origin of the beneficiary
• USCIS and NVC workload

Examples (approximate):

• U.S. citizen petitioning spouse: 6–12 months
• U.S. citizen petitioning siblings: 10–20 years (due to visa backlogs)

Check the current USCIS processing times here:
https://egov.uscis.gov/processing-times/

Frequently Asked Questions

• Can I file I-130 if my relative is already in the U.S.?
  Yes. If the relative is legally present, they may be eligible to adjust status while the I-130 is processed.
• What happens if I divorce during the process?
  The petition may be automatically canceled if the qualifying relationship no longer exists.
• Can I file multiple I-130s for several family members?
  Yes, but you must file one I-130 per person.
• Is a lawyer required?
  Not required, but highly recommended, especially for complex cases or to avoid mistakes.
• What if the petitioner dies?
  In some cases, the case may continue through “humanitarian reinstatement” or substitution of the petitioner — but only under strict conditions.

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