How to Fill Out Form I-130: Petition for Alien Relative (2024)

Form I-130, Petition for Alien Relative, is an essential document used by U.S. citizens and lawful permanent residents to establish a qualifying relationship with certain relatives who wish to immigrate to the United States. This detailed guide will walk you through each part of the form, ensuring you understand every section and requirement.

Overview

  • Form I-130: Used to petition for an alien relative to immigrate to the U.S.
  • Form I-130A: Supplemental Information for Spouse Beneficiary, required if filing for a spouse. (Learn How to fill Form I-130A Here)

Who Can File?

U.S. Citizens can file for:

  • Spouse
  • Unmarried children under 21
  • Unmarried sons or daughters 21 or older
  • Married sons or daughters of any age
  • Brothers or sisters (petitioner must be 21 or older)
  • Mother or father (petitioner must be 21 or older)

Lawful Permanent Residents can file for:

  • Spouse
  • Unmarried children under 21
  • Unmarried sons or daughters 21 or older

Who Cannot File?

  • Adoptive parents or adopted children (if the adoption occurred after the child turned 16 or if the child hasn’t lived with you for at least two years)
  • Natural parents if you gained lawful status through adoption
  • Stepparents or stepchildren (if the marriage creating the relationship occurred after the child turned 18)
  • Certain spouses under specific conditions (e.g., if the marriage was to evade immigration laws)

General Instructions

  1. Type or Print Legibly: Use black ink to complete the form.
  2. Extra Space: If more space is needed, use Part 9 or attach separate sheets of paper with your name, A-Number, page number, part number, and item number to which your answer refers. Sign and date each sheet.
  3. Complete All Questions: Fully answer all questions. Use “N/A” for not applicable questions and “None” for zero answers.
  4. Date Format: Use mm/dd/yyyy format for dates.
  5. USCIS Online Account Number: Include if you have one.

Step-by-Step Guide to Completing Form I-130

How to Fill Out Form I-130: Petition for Alien Relative (1)

Part 1: Relationship

Indicate your relationship to the beneficiary (the person you are filing for). Check the appropriate box to specify whether the beneficiary is your spouse, parent, child, or sibling.

Part 2: Information About You (Petitioner)

  • Item 1-9: Enter your full legal name, other names used, and A-Number (if applicable).
  • Item 10-18: Enter your mailing address, including country, and physical address if different from your mailing address.
  • Item 19-22: Provide your contact information (daytime phone number, mobile number, and email address).
  • Item 23-24: Specify your U.S. citizenship or lawful permanent resident status. Include your A-Number, if applicable.
  • Item 25-26: Indicate how you obtained your citizenship or lawful permanent resident status (e.g., birth, naturalization, etc.).
  • Item 27-33: Provide your employment history, including employer’s name, address, and your occupation.

Part 3: Biographic Information

  • Item 1: Ethnicity. Select whether you are Hispanic or Latino.
  • Item 2-6: Race. Select all applicable races.
  • Item 7: Height. Enter your height in feet and inches.
  • Item 8: Weight. Enter your weight in pounds.
  • Item 9: Eye color. Select the box that best describes your eye color.
  • Item 10: Hair color. Select the box that best describes your hair color.

Part 4: Information About Beneficiary

  • Item 1-9: Enter the beneficiary’s full legal name, other names used, and A-Number (if applicable).
  • Item 10-18: Provide the beneficiary’s mailing address, including country, and physical address if different from the mailing address.
  • Item 19-22: Enter the beneficiary’s contact information (daytime phone number, mobile number, and email address).
  • Item 23-24: Provide the beneficiary’s U.S. entry information, if applicable.
  • Item 25-26: Specify the beneficiary’s marital status and number of marriages.
  • Item 27-33: Enter the beneficiary’s employment history, including employer’s name, address, and occupation.
  • Item 34-37: Include the beneficiary’s current or most recent physical address, country of citizenship or nationality, and date of birth.

Part 5: Other Information

  • Item 1-2: Indicate if you have filed other petitions for this beneficiary.
  • Item 3-4: Provide details about any previous petitions filed by you or others on behalf of the beneficiary.

Part 6: Petitioner’s Statement, Contact Information, Declaration, and Signature

  • Item 1-2: Indicate whether you read this petition yourself or had it interpreted.
  • Item 3: Provide your signature and date the form.
  • Item 4-6: Include your daytime telephone number, mobile telephone number (if any), and email address (if any).

Part 7: Interpreter’s Contact Information, Certification, and Signature

  • Item 1-2: If an interpreter assisted you, provide their full name, business or organization name (if applicable), and contact information.
  • Item 3: Interpreter’s certification, signature, and date.

Part 8: Contact Information, Declaration, and Signature of the Person Preparing This Petition, if Other Than the Petitioner

  • Item 1-2: If someone other than you prepared this form, provide their full name, business or organization name (if applicable), and contact information.
  • Item 3: Preparer’s certification, signature, and date.

Required Supporting Documents

  • Proof of U.S. Citizenship or Lawful Permanent Resident Status:
  • Birth certificate
  • U.S. passport
  • Certificate of Naturalization
  • Certificate of Citizenship
  • Permanent Resident Card (Form I-551)
  • Proof of Relationship:
  • Spouse: Marriage certificate, divorce decrees (if applicable), photographs, and evidence of bona fide marriage (e.g., joint property, joint tenancy, financial resources, birth certificates of children, affidavits, or other relevant documentation).
  • Child: Birth certificate, marriage certificate (if applicable).
  • Parent: Birth certificate showing your name and your parent’s name.
  • Sibling: Birth certificates showing common parentage.
  • Photographs: Two passport-style photographs of you and the beneficiary (if applicable).
  • Form I-130A: Required if filing for a spouse.

Filing Fee

Check the USCIS website or Form G-1055 for the current fee. Pay with a check or money order made out to the “U.S. Department of Homeland Security.” Do not use abbreviations like “USDHS” or “DHS.”

Also of Interest:

Partner Resident Visa NZ: Eligibility and Application Guide

Religious Worker Visa: Eligibility and Application Process

Submission

  • Mail the completed Form I-130, Form I-130A (if applicable), supporting documents, and the filing fee to the appropriate USCIS address. Check the USCIS website for the most current filing address.

After Submission

  1. Receipt Notice: USCIS will send you a receipt notice confirming they received your petition.
  2. Biometrics Appointment: USCIS may require you to provide fingerprints, a photograph, and/or a signature.
  3. Interview: USCIS may request an interview to verify the information provided.
  4. Decision: USCIS will notify you in writing of their decision.

Additional Tips

  • Accuracy: Double-check all information for accuracy before submission.
  • Copies: Keep copies of all documents for your records.
  • Status Tracking: Use your USCIS receipt number to check your case status online.

By following these detailed instructions, you can ensure that your Form I-130 is completed accurately and thoroughly, helping facilitate the immigration process for your relative.

How to Fill Out Form I-130: Petition for Alien Relative (2024)

FAQs

How long does it take to approve I-130 petition for alien relative? ›

Most Form I-130 petitions for immediate relatives are approved within a 10 to 14 month time frame, but they can take longer in some cases. If you are in the United States and also filed an application to adjust status, USCIS will begin reviewing Form I-485 at this point.

How much is the fee for I-130 Petition for Alien Relative? ›

The I-130 filing costs $625 for online filing and $675 for paper filing, as of April 2024. If you are sponsoring more than one immediate family member, you will need to file a separate I-130 application for each and pay separate filing fees.

Do I file separate I-130 petitions for each family member? ›

If you are a U.S. citizen, you must file a separate Form I-130 for each eligible relative.

What documents required to file for alien relative? ›

Form I-130 required documents
  • Proof that the sponsor is a U.S. citizen or green card holder.
  • Proof that a legally valid relationship exists.
  • Proof that the relationship is not fraudulent.
  • Proof of name changes for the sponsor and/or the person seeking a green card, if any.

How do I petition an alien relative already in the US? ›

You can file Form I-130 online even if your relative is in the United States and will file Form I-485 by mail. Once you submit your Form I-130 online, we will send a receipt notice to your USCIS online account. Provide a copy of the receipt notice to your relative to include in their Form I-485 packet.

Can I fill out Form I-130 by hand? ›

There are several general rules to follow when filling out an I-130. It's best to fill out the form on your computer, but if you're writing answers by hand, use a pen with black ink. If you find that there's not enough space to give a full answer to a question, use Part 9 of the Form (for "Additional Information").

Does I-130 require an interview? ›

For family-based applications, USCIS generally requires the Form I-130 petitioner to appear for the interview with the principal adjustment of status applicant. In addition, derivatives are also required to appear regardless of the filing category.

Is it better to file I-130 online or by mail? ›

This online filing option not only facilitates a more streamlined submission process but also potentially reduces processing times. By utilizing the online system, legal representatives can efficiently manage their clients' petitions, submit necessary documentation, and track the application's progress.

What is the income requirement for I-130 petition? ›

What are the financial qualifications for an affidavit of support? The law requires a sponsor to prove an income level at or above 125 percent of the Federal poverty level. (For active duty military personnel, the income requirement is 100 percent of the poverty level when sponsoring a husband, wife, or children.)

Do I need a lawyer to file I-130? ›

In general, hiring a lawyer is not necessary to file the I-130 form, but doing so can increase your chances of success by ensuring that your application is prepared and submitted correctly. The I-130 Petition for Alien Relative is a critical step in obtaining a green card for a foreign national relative.

What happens after filing Form I-130 petition for alien relative? ›

Upon approving the I-130 petition, USCIS will mail the petitioner an I-797 approval notice. The next step depends on two important criteria: (1) if the immigrant is in an Immediate Relative or Family Preference Category and (2) if the immigrant is inside or outside the United States.

How do I know if my I-130 is approved? ›

How do I know if my I-130 petition was approved?
  • Check online: You can use the USCIS online case status tool. ...
  • Call USCIS: If you do not have the receipt number or if you are having difficulty verifying online, you can call USCIS at 1-800-375-5283.
Mar 26, 2024

What is the next step after I-130 is approved? ›

Once USCIS approves your I-130 application, your application will be sent to the U.S. Department of State's National Visa Center (NVC) for processing. If your family member's case is not subject to immediate processing, your I-130 application will remain with NVC until processing begins.

Can I travel after I-130 is approved? ›

While a pending or approved I-130 Petition does introduce an additional layer of scrutiny to your visit, it does not automatically disqualify you from entering the U.S. for temporary visits. You can successfully navigate this process with thorough preparation and proper documentation.

Do I need to submit photos with I-130? ›

Photographs: Two photographs – one from petitioner and one from beneficiary, both taken within 30 days of filing I-130, per petition are required.

How long does it take for Form I-130 petition for relative to get approved? ›

Overall, Form I-130 processing time varies depending on the specific circ*mstances of the case. However, most Form I-130 petitions for immediate relatives are approved within a 10 to 14 month time frame, but they can take longer in some cases.

How much is the I-130 fee? ›

Frequently Asked Questions
Type of FilingCurrent Fee(s)Final Fee(s)
I-130 Petition for Alien Relative (online filing)$535$625
I-130 Petition for Alien Relative (paper filing)$535$675
I-131 Application for Travel Document$575$630
I-131 Application for Travel Document (with biometric services)$660$630
26 more rows
Jan 31, 2024

How do I expedite an I-130 petition for an alien relative? ›

To request expedited processing, you can call the USCIS Contact Center or use the 'Ask Emma' chat feature on the USCIS website. Remember, the urgency must not be due to delays caused by your own failure to act promptly or respond to USCIS requests.

Can a petition for alien relative be denied? ›

If either party is found ineligible, the I-130 petition can be rejected. Factors that could make the petitioner or beneficiary ineligible encompass criminal convictions, immigration offenses, or fraud-related issues. Before submitting the I-130 petition, ensure you and your relative meet the eligibility criteria.

How long does it take to process I-130 in 2024? ›

Form I-130 processing time (officially called the “Petition for Alien Relative”): When the sponsor is a U.S. citizen (known as the CR1 visa) is 10.8 months. When the sponsor is a green card holder (known as the F2A visa) is: 25 months.

Do I need a cover letter for Form I-130? ›

USCIS does not require a cover letter to process the I-130 petition. However, a cover letter can be beneficial. When sponsoring your relative to adjust status, you can use a cover letter to explain you and your relative's circ*mstances to USCIS.

Who fills out the I-130 form? ›

U.S. citizens, U.S. nationals, and permanent residents can file Form I-130, Petition for Alien Relative, to help a foreign citizen family member obtain permanent residence in the United States (green card status).

What to do after applying for I-130? ›

Take a look at the steps to take after being approved for an I-130:
  1. Communicate With the National Visa Center. ...
  2. Pay Immigration Visa Application Fee and Adjustment of Status Fee. ...
  3. Complete the Immigrant Visa Application. ...
  4. Fill Out the Affidavit of Support. ...
  5. Submit Civil Documents. ...
  6. Attend Your Interview.
Feb 24, 2022

What is the longest processing time for I-130? ›

- The processing time for U.S. citizens filing Form I-130 for a spouse beneficiary ranges from 13-54.5 months. - The processing time for legal permanent residents filing Form I-130 for a spouse beneficiary ranges from 32-67.5 months.

How long does it take USCIS to actively review I-130? ›

It takes approximately 120 days for USCIS to actively review a case. The agency may require additional time to complete its review if any documents are missing. In these instances, USCIS can put a case on hold until it receives any missing documents.

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