Form I-130, Explained
NAVIGATING THE I-130 PROCESS: ELIGIBILITY, TIMELINE, COSTS, AND MORE
What is USCIS Form I-130?
Form I-130, officially known as the “Petition for Alien Relative,” is the first step U.S. citizens and lawful permanent residents must take to help a family member obtain a Green Card. This form informs the U.S. government that you have a qualifying relative who wishes to immigrate to the United States. However, submitting the I-130 alone does not grant any immigration benefits or status to your relative; it merely initiates the process.
As of May 2024, USCIS requires additional information when filing Form I-130, including:
- The relative’s current address.
- Whether the family member will apply for their visa at a U.S. embassy/consulate (outside the U.S.) or within the U.S. (adjustment of status).
Providing these details can help avoid delays in the Green Card process.
What Is Form I-130 Used For?
The I-130 is used by U.S. citizens and lawful permanent residents to prove a qualifying family relationship with the person seeking to immigrate to the United States. Filing this petition with USCIS is essential for obtaining a family-based Green Card. It serves as evidence of your relationship with the person you’re sponsoring and demonstrates your commitment to supporting them financially if they are approved.
This form is particularly important in marriage-based Green Card cases, as it helps prove that the marriage is genuine and not solely for immigration purposes.
Required Supporting Documents
- When filing Form I-130, you must include several supporting documents, such as:
- Proof of U.S. citizenship or Green Card status.
- Evidence to demonstrate that the relationship is not fraudulent.
- Proof of any name changes for the sponsor or the Green Card applicant.
- Proof of the applicant’s nationality.
What If You’re Missing Documents for Your I-130?
If you’re missing a primary document, like a birth certificate, you must provide a letter from the relevant authorities confirming that the document is unavailable. Along with this letter, you should submit secondary evidence, such as school records or affidavits from relatives, to support your petition. Missing documents can result in a Request for Evidence (RFE), which could delay the process. Ensuring all required documents are submitted correctly the first time is crucial.
I-130 Processing Times in 2024
The processing time for Form I-130 varies based on where you apply from and your relationship with the U.S. petitioner:
- Living Abroad:
- Processing typically takes 13.5–15 months.
- Living in the U.S.:
- Processing can take 10–23 months.
For immediate relatives of a U.S. Green Card holder:
- Living Abroad:
- Expect 29–40 months.
- Living in the U.S.:
- Form I-485 (Adjustment of Status) processing takes 13.5–20.5 months.
There are a few ways to get approval quickly, but they aren’t guaranteed. The best way to avoid delays is to file a complete, error-free I-130 the first time.
Once you’ve ensured your I-130 petition is accurate and filed, there are a few other options to try:
- ︎File an expedite request with USCIS
- Reach out to your congressional representative directly for help
- Stay in touch with USCIS. You can check the status of your petition online or by calling USCIS.
I-130 Costs
The filing fee for Form I-130 in 2024 is $675. This fee is non-refundable, even if the petition is denied. Make sure to check the USCIS website for the most up-to-date information on filing fees before submitting your petition.
- Be sure to submit the exact amount of the filing fee. You can pay this via check or credit card, using Form G-1450. Checks should be made payable to “U.S. Department of Homeland Security.”
- Always check the USCIS website for Form I-130 to confirm the filing fee before you file. You can also call the USCIS National Customer Service Center at 1-800-375-5283 to inquire about the current filing fee.
- If you’re sponsoring more than one person, you’ll need to file separate Form I-130s for each family member.
Eligibility for Filing the I-130
- U.S. Citizens:
- can file I-130 petitions for their spouses, children, parents, and siblings.
- Green Card Holders:
- can file for their spouses and unmarried children.
- Cannot file Form I-130
- grandparents, nieces, nephews, and in-laws, are not eligible for sponsorship through Form I-130.
What Happens After I-130 Approval?
Approval of Form I-130 is just the first step. Your relative will still need to apply for a Green Card. Immediate relatives can apply right away, while others may need to wait for a visa to become available.
Once USCIS approves your I-130 petition, it’s not the end of the process. Your relative still needs to apply for a green card. Here’s what typically happens next:
- Immediate Relatives:
- If your relative is your spouse, parent, or unmarried child under 21 years old, they are considered a close family member. This means they don’t have to wait and can apply for their green card right away.
- Family Preference Categories
- If your relative is in a different family category, like a married child or sibling, they will probably have to wait until a visa is available. How long they wait depends on what country they are from and which family category they are in.
- If your relative is already living in the U.S. and a visa is available, they can apply for a green card using a form called I-485. This lets them change their status from a temporary visitor to a permanent resident.
The approval rate for Form I-130 has been high in recent years, above 99%! This is because most I-130 applications are filed by U.S. citizens or green card holders who are sponsoring their immediate relatives. Immediate relatives are not subject to numerical limits, so there is a good chance that their petitions will be approved.
Form I-864
If your relative is already in the U.S. and a visa is available, they can apply for a green card using Form I-485. Most of the time, you’ll also need to submit Form I-864, called an Affidavit of Support, to show that you have enough money to take care of your relative and keep them from needing government assistance. But there are some cases where you might not need to file the I-864, depending on the type of visa your relative has and their specific situation.
I-130 Frequently Asked Questions
Form I-130 is the first step to helping a relative apply for a green card if you are a U.S. citizen or permanent resident and you want to prove that you are related to someone who is eligible for permanent residency.
If your relative is already in the United States, they may be able to use Form I-485 (Application for Adjustment of Status) to apply for permanent residency at the same time. In some cases, you may be able to file these forms together.
You can file Form I-130 either online or via mail. To file online, you need to create an online account with USCIS. This will also make it easier to receive case alerts, check your status, upload supporting evidence, and see all case correspondence. You can submit Form I-130 online even if your relative is already in the United States and they plan to submit their Form I-485 by mail.
You can also file Form I-130 by mail. If you live in the United States, you will need to confirm to which address to send your petition. Depending on which state you live in and whether or not your relative is filing Form I-485 as well, USCIS will require you to send to either the Dallas, Chicago, or Phoenix Lockbox. From here, it will be processed at any of USCIS’ five service centers.
If you live outside the United States, you may file at the USCIS Dallas Lockbox or online. If there are special circumstances, you can request to file at the closest U.S. Embassy.
Make sure you fill out all sections of the form and sign it, otherwise, USCIS may reject it.
An I-130 petition currently costs $675, paid using a check or credit card, using Form G-1450. However, that price could go up in 2023.
Check out our USCIS fees guide for a full breakdown of the expected costs as well as updates on USCIS’ proposed fee increase.
An I-130 petition currently costs $675, paid using a check or credit card, using Form G-1450. However, that price will go up on April 1, 2024.
Check out our USCIS fees guide for a full breakdown of the new costs as well as updates on USCIS’ upcoming fee increases.
Once your I-130 is approved, USCIS will send your case to the National Visa Center (NVC) if you are applying from outside the U.S. The NVC will process your case and request further documentation before scheduling an interview at a U.S. embassy or consulate. If you are in the U.S., you may proceed with filing Form I-485 to adjust your status.
There are many reasons why an application may be denied. If USCIS denies your I-130 petition, you will receive Form I-797 (“Notice of Action”) in the mail.
If you believe your I-130 was unfairly denied, you may be able to appeal to a separate body, the Administrative Appeals Office (AAO), within 30 days from when the notice was sent (not from when the notice was received).
For most people petitioning with I-130, USCIS will invite the sponsor and the relative seeking a green card to attend an interview. During the interview, USCIS will confirm the information you have provided.
Sometimes, USCIS might be able to approve your I-130 without the need for an interview. If you are a U.S. citizen and you are filing for your parents, or unmarried children under the age of 21 who are in the United States and have filed Form I-485, then you might not need an interview. You also may not need an interview if you are a permanent resident and you are petitioning for any of your children who are younger than 14 years old.