I-130 petition for alien relative

Form I-130, Petition for Alien Relative, is the foundational immigration form used by U.S. citizens and lawful permanent residents (LPRs) to establish a qualifying family relationship with a foreign national relative who wishes to immigrate to the United States.

17 steps across 3 sections

1. Who Can File (Petitioner)

  • U.S. citizens can petition for: spouse, unmarried children under 21, unmarried sons/daughters 21+, married sons/daughters, brothers/sisters (petitioner must be 21+), and parents (petitioner must be 21+).
  • Lawful permanent residents can petition for: spouse, unmarried children under 21, and unmarried sons/daughters 21+.

2. For All Petitions

  • Form I-130 with filing fee ($535)
  • Proof of petitioner's U.S. citizenship or LPR status:
  • U.S. passport, birth certificate, naturalization certificate, or Certificate of Citizenship (for citizens)
  • Copy of green card (front and back) (for LPRs)
  • Passport-style photographs of both petitioner and beneficiary

3. Relationship-Specific Evidence

  • Marriage certificate
  • Proof of termination of all prior marriages (divorce decrees, death certificates)
  • Evidence of bona fide marriage (photos, joint accounts, joint lease, correspondence, affidavits)
  • Form I-130A (if beneficiary is in the U.S.)
  • Birth certificate showing parent-child relationship
  • Marriage certificate of parents (if claiming legitimacy)
  • Adoption decree (if adopted)
  • Petitioner's birth certificate showing the parent's name
  • Petitioner's proof of being 21+
  • Birth certificates of both petitioner and beneficiary showing at least one common parent

Common Mistakes

  • Filing for an ineligible relative
  • Insufficient evidence of bona fide marriage
  • Using an outdated form edition
  • Incorrect filing fee
  • Not filing I-130A when required

Pro Tips

  • File online for faster processing
  • You can file I-130 even if the beneficiary is abroad
  • Concurrent filing for immediate relatives
  • File early for preference categories
  • Keep USCIS updated

Sources

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