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FormsUpdated March 2026

Guide to Form I-130

Everything about the Petition for Alien Relative: who files, required evidence, filing fees, and how to avoid common mistakes.

Last updated: March 2026
Based on official USCIS guidelines

Form I-130, Petition for Alien Relative, is the first step in most family-based immigration cases. It is used by a U.S. citizen or lawful permanent resident to establish a qualifying relationship with a foreign family member who wants to immigrate to the United States.

Quick Overview

Form: I-130 (Petition for Alien Relative)
Who files: U.S. citizen or green card holder (petitioner)
Purpose: Prove a valid family relationship
Outcome: Approval allows the beneficiary to apply for a green card

What Is Form I-130?

Form I-130 is filed with U.S. Citizenship and Immigration Services (USCIS) to prove that a valid family relationship exists between the petitioner and the beneficiary.

Approval of Form I-130 does not grant a green card by itself. It only establishes eligibility for the next step in the immigration process.

Who Can File Form I-130?

You can file Form I-130 if you are:

  • A U.S. citizen
  • A lawful permanent resident (green card holder)

You must be filing on behalf of a qualifying family member.

Who Can Be Sponsored?

Eligible relatives depend on your status:

If you are a U.S. citizen:

  • Spouse
  • Children (married or unmarried)
  • Parents
  • Siblings

If you are a green card holder:

  • Spouse
  • Unmarried children

What Happens After Form I-130 Is Approved?

After approval, the next step depends on where the beneficiary is located:

Inside the U.S.:

  • File Form I-485 (Adjustment of Status)

Outside the U.S.:

  • Proceed with Consular Processing through the National Visa Center (NVC)

Documents Required for Form I-130

You must submit evidence to prove your relationship.

For marriage-based cases, this includes:

  • Marriage certificate
  • Proof of petitioner’s U.S. citizenship or permanent residence
  • Passport-style photos
  • Proof of bona fide marriage (joint accounts, lease, photos, etc.)

Additional documents may be required depending on your situation.

Filing Fee

As of 2026, the filing fee for Form I-130 is:

  • $675 (paper filing)
  • $625 (online filing)

Fees may change, so always check the official USCIS website.

Processing Time

Processing times vary depending on the USCIS service center.

Typical timeline:

  • 6 to 12 months (U.S. citizen spouse cases)
  • Longer for green card holder petitions

You can check current processing times on the USCIS website.

Common Mistakes to Avoid

  • Submitting incomplete forms
  • Missing required documents
  • Incorrect filing fees
  • Weak evidence of relationship
  • Not signing the form

These mistakes can delay your case or lead to denial.

Frequently Asked Questions

Does Form I-130 give legal status?
No. It only establishes a qualifying relationship.

Can I file Form I-130 online?
Yes, in many cases USCIS allows online filing.

Can I file I-130 and I-485 together?
Yes, if you are eligible for Adjustment of Status (typically spouses of U.S. citizens).

Summary

Form I-130 is the first step in bringing a family member to the United States. It establishes the relationship between the petitioner and beneficiary and allows the immigration process to move forward.

Not Sure How to File Form I-130?

Filing Form I-130 correctly is critical, and mistakes can delay your case.

Answer a few quick questions and we’ll guide you step-by-step based on your situation.

  • Takes about 2 minutes
  • Personalized to your case
  • Helps you avoid common mistakes

Check your eligibility: [Take the Quiz]

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