The I-130 petition process represents your family’s first step toward reunification in the United States. If you’re a U.S. citizen or permanent resident looking to sponsor a family member for a green card, understanding this critical form can make the difference between success and costly delays. This comprehensive I-130 petition guide walks you through every aspect of the process, from eligibility requirements to approval timelines.
Bottom Line Up Front: Form I-130 establishes your qualifying relationship with eligible relatives and has an approval rate above 99% when properly filed. However, processing times and requirements vary significantly based on your status and relationship category.
What Is Form I-130 and Why Does It Matter?
Form I-130, Petition for Alien Relative, is the first step to help an eligible relative apply to immigrate to the United States and apply for a Green Card. Think of it as your official declaration to the government that you have a genuine family relationship with someone who wants to live permanently in America.
Here’s what makes this form so important: Filing the I-130 petition also establishes your place in line for an available green card. Your priority date—the day USCIS receives your petition—determines when your relative can actually apply for their green card.
The petition doesn’t grant any immediate immigration status to your relative. Instead, it serves as proof that you have a qualifying relationship and are willing to support them through the immigration process.
Who Can File an I-130 Petition?
U.S. Citizens Can Petition For:
- Spouse (immediate relative – no waiting period)
- Unmarried children under 21 (immediate relative – no waiting period)
- Parents (immediate relative – no waiting period, but you must be 21 or older)
- Unmarried sons or daughters 21 or older (Family First Preference – F1)
- Married sons or daughters of any age (Family Third Preference – F3)
- Brothers or sisters (Family Fourth Preference – F4, but you must be 21 or older)
Lawful Permanent Residents Can Petition For:
- Spouse (Family Second Preference A – F2A)
- Unmarried children under 21 (Family Second Preference A – F2A)
- Unmarried sons or daughters 21 or older (Family Second Preference B – F2B)
Important Note: There is no visa category for married children of lawful permanent residents. If your unmarried child marries before immigrating, USCIS will deny or revoke your petition.
Understanding Immediate Relatives vs. Family Preference Categories
This distinction is crucial because it dramatically affects your wait time:
Immediate Relatives (spouses, unmarried children under 21, and parents of U.S. citizens) have unlimited visa numbers available. Most Form I-130 petitions for immediate relatives are approved within a 10 to 14 month time frame.
Family Preference Categories face annual quotas and significantly longer wait times. For a spouse of a U.S. lawful permanent resident, the processing time of Form I-130 takes between 55 and 89 months.
Current I-130 Processing Times in 2025
Processing times vary dramatically based on several factors:
Immediate Relatives (IR Categories):
- Current average: 14 months for IR consular applications
- Range: The average processing time for Form I-130 is currently 11 months, as of June 2025
Family Preference Categories:
- F2A (Spouse/Child of LPR): 55 to 89 months
- F1 (Unmarried Adult Children of USC): 54 to 128 months
- F3 (Married Children of USC): 70 to 150 months
Key Insight: USCIS often delays processing I-130s for relatives in categories with long visa waitlists, like siblings of U.S. citizens, because officers know those applicants won’t be eligible for a green card for many years.
Required Documents: Your Complete I-130 Petition Checklist
Getting your documentation right the first time prevents costly delays and requests for evidence (RFEs).
Proof of Your Status (Required for All Petitioners)
If You’re a U.S. Citizen, provide ONE of the following:
- Copy of birth certificate issued by civil registrar showing birth in the U.S.
- Copy of naturalization certificate or certificate of citizenship
- Copy of Form FS-240 (Consular Report of Birth Abroad)
- Copy of unexpired U.S. passport
- Original statement from U.S. consular officer verifying citizenship
If You’re a Lawful Permanent Resident:
- Copy of the front and back of your Permanent Resident Card (Form I-551)
- If you haven’t received your card yet, submit passport biographic page and admission stamp
Relationship-Specific Documentation
For a Spouse:
- Marriage certificate
- Proof of termination of any prior marriages (divorce decrees, death certificates)
- Two identical color passport-style photographs of yourself and your spouse taken within 30 days of filing
- Bona fide marriage evidence (highly recommended):
- Joint property ownership documents
- Lease showing joint tenancy
- Combined financial resources documentation
- Birth certificates of children born to both spouses
- Sworn affidavits from third parties with personal knowledge
- Any other evidence of ongoing marital union
For Children:
- Child’s birth certificate showing your name
- If you’re the father: marriage certificate to child’s mother and proof of prior marriage terminations
- For children born out of wedlock: evidence of legitimation or bona fide parent-child relationship
For Parents:
- Your birth certificate showing parent’s name
- Parents’ marriage certificate (if filing for father)
- Proof of termination of any prior marriages
For Siblings:
- Your birth certificate and sibling’s birth certificate showing common parent(s)
- Parents’ marriage certificates and proof of prior marriage terminations if applicable
Additional Required Items
- Form I-130A, Supplemental Information for Spouse Beneficiary (if sponsoring a spouse)
- Filing fee payment
- Form G-28 (if using an attorney)
I-130 Filing Fees in 2025
As of June 2025, the USCIS I-130 filing fee is $625 for online filing and $675 for paper filing. Remember, you must file a separate petition for each family member, meaning separate fees for each.
Payment Options:
- Credit card or debit card (using Form G-1450 for paper filing)
- Personal check
- Cashier’s check
- Money order
Important: Filing fees are final and non-refundable, regardless of any action we take on your application.
Step-by-Step Filing Process
Step 1: Determine Eligibility
Review the relationship categories and restrictions carefully. Some relationships don’t qualify, including:
- Grandparents, grandchildren, nieces, nephews, uncles, aunts, cousins
- Adoptive relationships where adoption occurred after child turned 16
- Step-relationships formed after child turned 18
Step 2: Gather Documentation
Use the checklist above to compile all required documents. If you submit your petition and are missing any of the documents in your application in your I-130, then USCIS might send you a Request for Evidence (or RFE), which can add a lot of time to the overall process.
Step 3: Complete the Forms
- Fill out Form I-130 completely and accurately
- Complete Form I-130A if sponsoring a spouse
- Answer all questions fully and accurately. If a question does not apply to you, type or print “N/A” unless otherwise directed
Step 4: Choose Filing Method
You can file online or by mail. Online filing is generally faster and allows you to:
- Track your case status
- Receive automatic updates
- Upload documents electronically
- Pay the lower filing fee ($625 vs. $675)
Step 5: Submit Your Petition
For paper filing, send to the appropriate USCIS lockbox facility based on your location and whether you’re filing Form I-485 simultaneously.
Step 6: Receive Receipt Notice
The receipt notice typically arrives 2 to 4 weeks after filing. This Form I-797C contains your receipt number for tracking your case.
What Happens After USCIS Approves Your I-130?
For Immediate Relatives: They can proceed directly to either:
- Adjustment of Status (Form I-485) if in the U.S.
- Consular Processing at a U.S. embassy if abroad
For Family Preference Categories: Even if USCIS approves Form I-130, you may not get an immigrant visa number immediately. In some categories, it can take several years before the priority date is current.
Your relative must wait for their priority date to become current according to the monthly Visa Bulletin before proceeding with their green card application.
Common Mistakes That Cause Delays or Denials
Incomplete or Inaccurate Forms
Every question must be answered. Blank fields or inconsistent information triggers RFEs or denials.
Missing Supporting Documents
There is also a chance that officials may deny an I-130 petition if some supporting documents are missing, so it’s important to get it right the first time you apply.
Poor Quality Photos
Photos must meet specific requirements: 2×2 inches, color, white background, taken within 30 days.
Wrong Filing Location
Sending your petition to the wrong USCIS facility causes rejection and delays.
Inadequate Bona Fide Marriage Evidence
For spousal petitions, strong evidence of a genuine marriage is essential to avoid fraud allegations.
Expedited Processing Options
I-130 petitions typically do not allow premium or expedited processing. However, USCIS may consider expedited requests for:
- Severe financial loss to company or person
- Emergency and urgent humanitarian reasons
- Nonprofit organization requests furthering U.S. cultural and social interests
Military Families: Military families benefit from special provisions and expedited processing options for I-130 petitions, recognizing their unique challenges.
Maximizing Your Approval Chances
Front-Load Your Evidence
Don’t submit the bare minimum. Our objective is to help you prepare a petition that exceeds the minimum requirements and is sufficiently documented to avoid RFEs and denials.
Use Professional Help When Needed
We have a 99% approval rating and can help you avoid all of the mistakes most people make when filing on their own. Complex cases benefit from attorney assistance.
Double-Check Everything
Review every answer, document, and signature before submitting. Simple errors cause expensive delays.
Organize Documents Logically
Present your evidence in the order requested in the instructions. Include a cover letter explaining your petition.
Tracking Your Case and Next Steps
After filing, you can monitor progress through:
- USCIS Case Status Online using your receipt number
- USCIS Contact Center at 800-375-5283
- Case inquiry if processing exceeds normal timeframes
When to File a Case Inquiry: If you believe that your case is outside the normal I-130 processing time, you can make a case inquiry.
Financial Considerations Beyond Filing Fees
The I-130 is just the beginning. Budget for additional costs:
- Form I-485 (Adjustment of Status): $1,440-$1,760 depending on age
- Medical examination: $200-$500
- Attorney fees: $1,000-$5,000 for complex cases
- Document preparation and translation: $100-$500
- Travel costs for consular processing
Special Situations and Considerations
Conditional Permanent Residence
If you have been married less than two years on the date your spouse has obtained permanent resident status, USCIS will grant your spouse conditional permanent resident status for two years. You’ll need to file Form I-751 to remove conditions.
Name Changes
If either you or the person you are filing for is using a name that is not the same name shown on the relevant documents, you must file your petition with copies of the legal documents reflecting the name change.
Unavailable Documents
When official documents don’t exist, you can submit:
- Statement from civil authority certifying unavailability
- Secondary evidence like religious records, school records, or census records
- Sworn statements from individuals with personal knowledge
Marriage Fraud Concerns
USCIS scrutinizes spousal petitions carefully. Be prepared to provide extensive evidence of your genuine relationship, especially if you:
- Married while spouse was in removal proceedings
- Obtained permanent residence through prior marriage within five years
- Have significant age differences or brief courtship periods
Avoiding Immigration Fraud
We encourage you to report suspected immigration benefit fraud and abuse, including marriage fraud. Protect yourself by:
- Never paying anyone for a fraudulent marriage
- Being honest about your relationship timeline
- Maintaining thorough documentation of your genuine relationship
- Seeking legal counsel if questioned about marriage authenticity
Future Planning and Strategy
Priority Date Protection
Your priority date is crucial for family preference categories. Protect it by:
- Maintaining valid status throughout the process
- Updating USCIS with address changes
- Responding promptly to any requests
- Considering upgrading to immediate relative status through naturalization
Naturalization Benefits
U.S. citizens can sponsor more relatives and enjoy faster processing. If you’re a permanent resident, consider naturalizing to:
- Sponsor parents and siblings
- Upgrade existing petitions to immediate relative status
- Eliminate per-country caps affecting your relatives
Planning for Derivative Beneficiaries
If the beneficiary qualifies under certain categories, you are not required to file separate petitions for the beneficiary’s spouse or unmarried children under 21 years of age. They are considered derivative beneficiaries.
Frequently Asked Questions
Q: Can I work while my I-130 is pending? A: The I-130 itself doesn’t provide work authorization. Your relative needs separate authorization through Form I-765 or adjustment of status.
Q: What if my I-130 is denied? A: You can file a motion to reopen or reconsider, or submit a new petition addressing the denial reasons.
Q: Can I travel while my I-130 is pending? A: The petitioner can travel freely. The beneficiary should consult an attorney before traveling, especially if they’re in the U.S. without status.
Q: How long is an approved I-130 valid? A: Approved I-130s generally remain valid indefinitely for immediate relatives. Family preference categories may face revalidation requirements after extended delays.
Q: Can I update my I-130 with new evidence? A: You can submit additional evidence through your USCIS online account or by responding to any RFE.
Your Path Forward
The I-130 petition guide process requires attention to detail, patience, and strategic planning. With approval rates above 99% for properly filed applications, success is achievable when you understand the requirements and prepare thoroughly.
Key Takeaways:
- Start gathering documents early
- Choose the right filing strategy for your situation
- Budget for the entire process, not just filing fees
- Consider professional help for complex cases
- Stay organized and respond promptly to any requests
Your family’s American dream begins with this single form. Take the time to do it right, and you’ll be well on your way to reuniting with your loved ones in the United States.
Ready to Begin? Download the latest Form I-130 from the USCIS website, review this guide again, and start building your comprehensive petition package. Remember, each case is unique—when in doubt, consult with an experienced immigration attorney who can provide personalized guidance for your specific situation.
The journey may seem complex, but thousands of families successfully navigate this process every year. With proper preparation and understanding, yours can be next.
Legal Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Immigration law is complex and constantly changing, and each case has unique circumstances that require individual analysis. The information contained in this article should not be relied upon as a substitute for professional legal counsel. Always consult with a qualified immigration attorney licensed in your jurisdiction for advice regarding your specific situation. The authors and publishers of this article make no representations or warranties regarding the accuracy, completeness, or timeliness of the information provided and disclaim any liability for actions taken based on the content herein.