If you’re planning to help a family member obtain a U.S. green card, the first step is completing Form I-130, officially called the “Petition for Alien Relative.” This essential document notifies the U.S. government about your qualifying family relationship and initiates the immigration process. However, submitting Form I-130 alone does not guarantee your relative will get a green card. It simply sets the stage for the next steps in their immigration journey.
Who Can File Form I-130?
Form I-130 can be filed by:
- U.S. Citizens: For their spouse, children (married or unmarried), parents, or siblings.
- Green Card Holders (Permanent Residents): For their spouse or unmarried children only.
The individual filing the petition is called the sponsor (or petitioner), while the family member seeking a green card is known as the beneficiary.
However, not all relatives are eligible. You cannot sponsor:
- Grandparents, grandchildren, aunts, uncles, nieces, nephews, or cousins.
- A spouse if the marriage is suspected to be for immigration purposes only.
- Stepchildren or stepparents if the marriage creating the relationship occurred after the child turned 18.
- Adoptive parents or children if the adoption took place after the child turned 16.
What Does Form I-130 Do?
Form I-130 proves two things:
- That you and the beneficiary have a genuine, qualifying family relationship.
- That you’re willing and able to support the beneficiary financially if their green card is approved.
For example, in the case of a marriage-based green card, you’ll provide evidence that your marriage is real this can include photos, joint financial accounts, or other documents demonstrating a genuine relationship.
Filing Form I-130 also secures your relative’s place in line for a green card based on the U.S. visa category they qualify for. Immediate relatives of U.S. citizens (such as spouses and parents) can skip the line, while others must wait based on the priority date assigned when USCIS receives the petition.
How to Complete and File Form I-130
You can file Form I-130 online or via mail:
- Online Filing: Create a USCIS account to upload documents, check your application status, and communicate with USCIS easily.
- By Mail: Ensure you send the form to the correct address (based on USCIS instructions) along with supporting documents and fees.
Important reminders:
- Fill out every section of the form accurately.
- Include all required evidence, such as proof of your citizenship or green card status and documents verifying your relationship to the beneficiary.
- Sign the form—missing signatures are a common reason for rejection.
Required Documents for Form I-130
When submitting Form I-130, you must include the following:
- Proof of Sponsor’s U.S. Citizenship or Green Card Status: This can be a copy of your U.S. passport, naturalization certificate, or green card.
- Proof of Relationship: Birth certificates, marriage certificates, or other official records.
- Proof of Name Changes (if applicable): Legal documents showing any name changes for the sponsor or beneficiary.
- Proof of Nationality of the Beneficiary: A passport or birth certificate.
Alternative Documents and Secondary Evidence
What if you can’t provide the primary documents? You can submit secondary evidence. For instance:
- If a birth certificate is unavailable, you’ll need an official statement from the issuing authority and alternative records like school or religious documents.
- Affidavits from family members who can verify the relationship may also be acceptable.
How Long Does It Take to Process Form I-130?
The processing time varies depending on the sponsor’s location and the relationship with the beneficiary:
- Immediate Relatives Living Abroad: 11.5–15 months.
- Immediate Relatives in the U.S.: 10–23 months.
- Family Preference Categories: 29–40 months or longer, depending on visa availability.
Cost of Filing Form I-130
The current fee for Form I-130 is $675, which must be paid at the time of filing. This fee is non-refundable, even if your petition is denied.
After Approval of Form I-130
Approval of Form I-130 is a major milestone but not the final step. Depending on your family member’s situation:
- Immediate Relatives: They can proceed directly to applying for a green card.
- Other Relatives: They must wait for their priority date to become current before applying for a green card.
The next step involves either:
- Consular Processing: If the beneficiary is abroad, they will apply for a visa at a U.S. consulate.
- Adjustment of Status (Form I-485): If the beneficiary is already in the U.S., they can apply to become a permanent resident.
Tips for a Successful Application
- Ensure all sections of the form are complete and accurate.
- Double-check that you’ve included all supporting documents.
- Stay updated on USCIS requirements and fees before submitting your application.
How to Avoid Delays or Denials
Missing documents or errors in your application can lead to Requests for Evidence (RFEs) or even denial. For instance, if USCIS questions the authenticity of your marriage or doubts your ability to support the beneficiary financially, this can complicate the process.
If your financial situation changes after filing, you can enlist a joint sponsor who meets income requirements.
Need Help with Form I-130?
The immigration process can feel overwhelming, but you don’t have to navigate it alone. With expert guidance, you can avoid costly mistakes and reunite with your loved ones sooner.
Start your green card journey today!
