⚠ General information only — not legal advice. Immigration law is complex and fact-specific. Consult a licensed immigration attorney for your specific situation.
USCIS · Form I-130
Petition for Alien Relative
Sponsor a family member for a US green card.
Filing fee
$535 per beneficiary. Verify current fees at uscis.gov before filing.
Processing time
3 months to 2+ years for approval depending on relationship category. Immediate relatives of US citizens can proceed immediately after approval. Preference categories may wait years for a visa number.
Filed with
USCIS — online through myUSCIS or by mail. Can be filed concurrently with I-485 if the beneficiary is in the US and a visa is immediately available.
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Overview
Form I-130 is the foundational document in family-based immigration. It is filed by a US citizen or lawful permanent resident to establish a qualifying family relationship with a foreign national who wants to immigrate permanently to the United States.
An approved I-130 does not by itself grant any immigration benefit — it establishes the relationship and, for preference categories, sets the priority date that determines when the beneficiary can proceed to the next step.
The categories of family relationships that qualify vary depending on whether the petitioner is a US citizen or LPR. US citizens have broader petitioning rights, including the ability to petition for parents and siblings — LPRs cannot petition for these relationships.
Understanding the difference between immediate relatives and preference categories is essential. Immediate relatives of US citizens — spouses, unmarried children under 21, and parents of adult US citizens — have unlimited visa availability with no wait. Preference categories face annual numerical limits and may wait years or even decades for a visa to become available.
Who needs Form I-130?
US citizens can file for a spouse, unmarried child under 21, married child, parent (if petitioner is 21+), or sibling (if petitioner is 21+). Lawful permanent residents can file for a spouse or unmarried child (any age).
What does Form I-130 do?
Establishes the qualifying family relationship between the US citizen or LPR petitioner and the foreign national beneficiary. An approved I-130 is the first step in family-based immigration — it does not grant a green card itself but establishes eligibility and starts the process.
Key requirements
✓Proof of US citizenship or LPR status — passport, birth certificate, naturalization certificate, or green card
✓Proof of qualifying family relationship — marriage certificate for spouses, birth certificates for parent-child
✓Proof that any prior marriages were legally terminated
✓Form I-130A (Supplemental Information for Spouse Beneficiary) if filing for a spouse
✓Evidence of bona fide marriage for spousal petitions — joint accounts, lease, photos, etc.
Common mistakes to avoid
⚠Not including sufficient evidence of a bona fide marriage — lack of evidence is the primary reason spousal petitions are denied or receive RFEs
⚠Assuming approval means a visa is immediately available — for preference categories there can be a wait of years or decades
⚠Filing for a relationship that is not eligible — LPRs cannot file for siblings or parents
⚠Not keeping USCIS updated with address changes after filing
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Processing details
After filing, USCIS conducts a background check and reviews the petition. For immediate relatives of US citizens inside the US, the I-130 can be filed concurrently with Form I-485.
For beneficiaries outside the US, after I-130 approval USCIS forwards the case to the National Visa Center (NVC), which forwards it to the appropriate US embassy or consulate. The beneficiary completes Form DS-260 and attends an immigrant visa interview.
Processing times vary by the petitioner's location and category. Check the USCIS processing times tool for current estimates.
After you file
After filing, monitor your case through the USCIS online case status tool. Respond promptly to any Requests for Evidence.
If your beneficiary is abroad and I-130 is approved for a preference category, monitor the monthly Visa Bulletin to track when your priority date becomes current. The priority date is the date USCIS received your I-130.
Once the priority date is current and processed by NVC, the beneficiary will be scheduled for a consular interview at the US embassy or consulate.
Common situations
US citizen married to a foreign national abroad
File I-130 in the US or at a US embassy abroad. Once approved, USCIS sends the case to NVC, which sends it to the appropriate consulate for an immigrant visa interview. Your spouse completes DS-260 and attends the interview with supporting documents including a medical exam and police clearances.
Green card holder petitioning for spouse
Spouses of LPRs fall in the F2A preference category. Unlike spouses of US citizens, there is a visa number wait — typically 1-3 years. File the I-130 as early as possible to set your priority date and track movement through the monthly Visa Bulletin.
Frequently asked questions
What is the difference between immediate relative and preference category?
Immediate relatives of US citizens — spouses, unmarried children under 21, and parents of adult US citizens — have unlimited visa availability. Once I-130 is approved, a visa number is immediately available. Preference categories face annual numerical limits and may wait years for a visa number to become current.
Can I file I-130 for my same-sex spouse?
Yes. Since the Supreme Court's decisions in 2013 and 2015, USCIS recognizes same-sex marriages for immigration purposes. A same-sex spouse of a US citizen or LPR can be petitioned with the same evidence requirements for demonstrating a bona fide marriage.
How much marriage evidence do I need?
USCIS expects substantial evidence that your marriage is genuine. Strong evidence includes joint bank accounts, joint lease or mortgage, insurance policies listing both spouses, photos together spanning the relationship, correspondence records, joint utility bills, and affidavits from people who know you as a couple. More evidence is always better.
How long will my sibling wait after I-130 approval?
The wait for siblings of US citizens (F4 preference category) is extremely long — currently over 15-20 years for many countries, and longer for high-demand countries like the Philippines, India, Mexico, and China. The F4 category is heavily oversubscribed.
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Official USCIS page for Form I-130
Always download the latest version of the form directly from the official source.