Family-based immigrationNavigating the I-130 Petition: A Simple Guide for Family Sponsors

Many people want to bring family members to live in the United States. If you are a U.S. citizen or a lawful permanent resident (LPR), you can begin this process by filing a Form I-130, Petition for Alien Relative. This form helps you prove that you have a valid family relationship with the person you are sponsoring, also known as the “beneficiary.

Although the I-130 petition may seem complicated, breaking it down step by step makes it easier. This guide explains who can apply, how to fill out the form, what documents to include, common mistakes, and tips for a successful application. You will also find important dates, fees, and helpful links.

Disclaimer: The information in this guide is for general reference only and is not a substitute for legal advice. U.S. immigration laws and procedures are subject to change. Always check official sources or consult an immigration attorney for the most up-to-date information.

What is Form I-130 and who can file it?

Form I-130 (Petition for Alien Relative) allows U.S. citizens and lawful permanent residents to establish a qualifying family relationship with a relative who wishes to immigrate to or remain in the United States. Approval of Form I-130 by U.S. Citizenship and Immigration Services (USCIS) is the first step in obtaining a green card (lawful permanent resident status) for your family member.

Who can file?

1. U.S. citizens may file I-130 petitions for
   • Spouse
   • Child (unmarried and under 21)
   • Unmarried adult child (21 or older)
   • Married child (any age)
   • Parents
   • Siblings
2. Lawful permanent residents (green card holders) can file I-130 petitions for
   • Spouse
   • Unmarried child (any age)

The time it takes to get a visa (or green card) after approval depends on the type of relationship. “Immediate relatives” of U.S. citizens-spouses, parents, and unmarried children under 21-usually have no long waiting list. Relatives who fall under “family preference” categories may wait much longer, depending on how many visas are available each year.

Main Eligibility Criteria

In order to file Form I-130, you must meet these key requirements:

1. Status
   • You must be a U.S. citizen or lawful permanent resident.
   • You will need proof of your status, such as a U.S. Passport, Certificate of Naturalization, or Green Card.
2. Qualifying Relationship
   • For marriage-based I-130s, your marriage must be valid and legal in the place where it was performed.
   • For parent-child relationships, you must provide birth certificates or adoption papers with correct names.
   • For siblings, birth certificates must show that you have at least one parent in common.
3. Proof of a Real Relationship
   • USCIS expects evidence that the relationship is genuine, especially for marriage-based petitions.
   • Collect joint financial documents, joint photos, rental agreements, and any other evidence of living together.
4. No major legal disqualifications
   • Certain serious criminal records or immigration violations may affect your ability to sponsor a relative. However, not all problems automatically mean rejection. You may need more documentation or legal assistance.

Preparing to file the I-130

Good preparation saves time and reduces stress. Before filling out the form, do the following

1. Gather documents
   • Examples include: birth certificates, marriage certificates, divorce decrees, adoption records, etc.
   • Make photocopies of original documents to attach to the form.
2. Check the filing fee
   • As of 2023, the fee for Form I-130 is $535. Fees are subject to change, so confirm the current amount at: https://www.uscis.gov/i-130
3. Look at processing times
   • USCIS processing times vary depending on the type of family relationship and which service center is handling your case.
   • Current estimates: https://egov.uscis.gov/processing-times/
4. Decide where to file
   • USCIS has specific addresses depending on whether you use USPS or a courier service such as FedEx.
   • For direct filing addresses, visit: https://www.uscis.gov/i-130
5. Consider Online Filing
   • USCIS allows online filing for certain I-130 cases.
   • Check your eligibility and file at https://my.uscis.gov/

Fill out the I-130 form: Step by Step

Form I-130 has several sections where you provide information about yourself (the petitioner) and the relative you wish to sponsor (the beneficiary). Let’s look at the basic parts:

1. Part 1: Relationship
   • Indicate your relationship to the beneficiary (spouse, parent, child, sibling).
2. Part 2: Information About You (the Applicant)
   • Provide your full name, date of birth, address, and information about your U.S. citizenship or LPR status.
   • If you have a USCIS “A” number (Alien Registration Number), list it here.
3. Part 3: Beneficiary Information
   • Include the beneficiary’s full name (and any other names used), date of birth, current address, and immigration history.
   • If they are in the U.S., note their current status (such as a student or visitor visa).
4. Part 4: Biographical Information
   • Sometimes includes parents’ names or information about previous marriages.
   • For a spouse, USCIS will want details about when and where you were married.
5. Part 5: Additional Information
   • If there’s not enough space for certain questions, use Part 9 (Additional Information) or attach additional sheets.
   • Clearly label each additional sheet with your full name, the beneficiary’s name, and the question number.
6. Signature
   • You must sign and date the form. Unsigned forms will be rejected.
   • If someone else prepared the form for you, that person must also sign in the “Preparer” section.

Important: Always use the most recent version of the Form I-130, which can be found at: https://www.uscis.gov/i-130

What documents should you include?

To support your I-130, you should include

1. Proof of U.S. citizenship or LPR status
   • U.S. citizens: A copy of your birth certificate, passport, or naturalization certificate.
   • LPRs: A copy of your green card (front and back).
2. Proof of Relationship
   • Marriage: Copy of your marriage certificate and proof of real marriage (photos, joint bank accounts, insurance, lease, etc.). If you or your spouse had previous marriages, include divorce decrees or death certificates to show that they ended legally.
   • Child: The child’s birth certificate showing your name as the parent, or adoption papers.
   • Sibling: Both of your birth certificates showing a common parent, or adoption records, if applicable.
   • Parent: Your birth certificate naming your parent.
3. Translations
   • Any document that is not in English requires a certified English translation. The translator must certify that he or she is competent to translate and that the translation is accurate.
4. Proof of Name Changes
   • If your name or a relative’s name has changed (due to marriage, divorce, adoption, or any other reason), include official documents proving the change.

Keep copies of everything you send to USCIS for your own records.

Common mistakes to avoid

Small mistakes can lead to delays or rejections. Here are common problems:

1. Forgetting to sign
   • Make sure you and the beneficiary (if applicable) sign the form where required.
2. Incorrect filing fee
   • If you send the wrong amount, USCIS will deny your application.
   • Check the current fees here: https://www.uscis.gov/i-130
3. Using an old form
   • The USCIS regularly updates its forms. Always use the latest version from the official website.
4. Not providing enough evidence
   • Especially in marriage cases, USCIS requires strong evidence of a bona fide (genuine) relationship.
   • If insufficient evidence is provided, you may receive a Request for Evidence (RFE).
5. Incorrect mailing address
   • USCIS provides specific addresses for different mailers and case types.
   • Verify the mailing address at: https://www.uscis.gov/i-130
6. Ignore past name or date discrepancies
   • If the beneficiary’s documents have different spellings or dates of birth, provide a written explanation or additional evidence to clarify.

How to submit your petition

Once you have filled out the form and gathered all of the supporting documents:

1. Assemble your package
   • Start with your check or money order on top (or a credit card authorization form G-1450, if allowed).
   • Include a cover letter (optional, but helpful) explaining the contents of your application.
   • Then include the signed Form I-130 and your supporting documents in an orderly fashion.
2. Mailing or shipping
   • If you are mailing via USPS, use the specific address listed under the “USPS” column on the USCIS website.
   • If you are using a courier such as FedEx or UPS, use the address under “Express Mail and Courier Deliveries.
   • Keep a tracking number or delivery receipt.
3. Online Filing
   • Create an account at https://my.uscis.gov/.
   • Follow the instructions to complete the form electronically, upload your documents, and pay the fee online.
   • Retain digital copies of everything you upload.
4. Receipt Notification (I-797C)
   • Within approximately 2-4 weeks, you should receive a Form I-797C confirming that USCIS has received your application.
   • It will include a receipt number that you can use to track your case: https://egov.uscis.gov/casestatus/landing.do

What Happens After Filing?

1. USCIS Review
   • A USCIS officer will review your application to determine if it’s complete and if more information is needed.
2. Request for Evidence (RFE)
   • If USCIS believes more documentation is needed, it will send you an RFE.
   • You must respond by the deadline on the RFE notice.
3. Approval or Denial
   • If approved, you’ll receive a Notice of Approval (Form I-797).
   • If denied, USCIS will explain the reason. You may be able to appeal or reapply with corrected information.
4. After Approval
   • Consular Processing: If the beneficiary is abroad, the case goes to the National Visa Center (NVC), which will contact you for additional fees and documentation.
   • Adjustment of Status: If the beneficiary is already in the U.S. and has an immigrant visa (e.g., spouse or minor child of a U.S. citizen), he or she can file Form I-485 to become a permanent resident without leaving the country.

Tips for success

1. Stay organized
   • Keep copies of all forms and documents.
   • Present your petition in a clear, organized manner.
2. Provide more than the minimum evidence
   • Especially for marriage cases, provide photos of family events, joint bills, leases, and affidavits from friends or relatives who know you both.
3. Check for consistency
   • Make sure names, dates, and addresses match on all forms and documents.
   • If there are discrepancies, explain them in a brief letter.
4. Respond quickly to RFEs
   • Missing an RFE deadline can result in a denial. Send your response as soon as possible.
5. Monitor case processing times
   • If your case is taking longer than the published normal time, you can submit an “Outside Normal Processing Time” request.
   • Processing Times: https://egov.uscis.gov/processing-times/
6. Seek professional help if needed
   • If your situation is complex (e.g., criminal history, prior immigration violations, unusual family relationships), consider speaking with an immigration attorney.

Important dates, facts and fees

• Form Edition: Check for the latest edition at https://www.uscis.gov/i-130
• Filing Fee: $535 (as of 2023). Always verify updates before sending payment.
• Processing Times (2023 Estimates):
  • Immediate relatives (spouses, parents, unmarried children under 21 of U.S. citizens): approximately 7-14 months.
  • Other family preference categories: may take 12-24+ months.
• Legal Authority: Immigration and Nationality Act (INA) sections 201(b) and 203(a).

Remember that processing times can vary by USCIS Service Center. Track average wait times here: https://egov.uscis.gov/processing-times/

Helpful Links and Resources

1. USCIS Official Site for Form I-130 https://www.uscis.gov/i-130
2. Instructions for Form I-130 (PDF) https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf
3. USCIS Processing Times https://egov.uscis.gov/processing-times/
4. MyUSCIS (Online Account) https://my.uscis.gov/
5. Finding Legal Help
   • American Immigration Lawyers Association (AILA): https://www.aila.org/
   • Look for nonprofit organizations or accredited representatives if you need low-cost help.
6. Change of Address (Form AR-11) https://www.uscis.gov/ar-11

Conclusion

Filing the Form I-130 is an important first step in helping your relative become a lawful permanent resident of the United States. Getting it right the first time will reduce delays and frustration.

• Verify you have the correct form and edition.
• Pay the correct fee.
• Organize your supporting documents.
• Verify all signatures and spellings.
• Track your application with the receipt number.

If all goes well, your loved one will be on their way to obtaining a green card, either through consular processing overseas or adjustment of status if they are already in the U.S. Follow the steps, stay abreast of USCIS policies, and seek professional advice as needed. This approach will help ensure a smoother journey for you and your family member as you move forward in the immigration process.