What is Form I-130?

Form I-130 is used by U.S. citizens or green card holders to show that they have a qualifying family relationship with a relative who wants to move to the United States permanently. It’s the first step in helping a relative apply for a green card.

Why File Form I-130?

If you're a U.S. citizen, green card holder, or U.S. national, you can file Form I-130 to prove your relationship with a family member who wants to live in the U.S. as a permanent resident.

Filing this form does not give your relative immigration status right away. It simply starts the process. After the petition is approved, your relative may be able to apply for a green card if a visa is available and they meet the eligibility requirements.

Who Can File Form I-130?

If you’re a U.S. citizen, you can file for:

1. Your spouse
2. Your unmarried child under 21
3. Your parent
4. Your unmarried son or daughter 21 or older
5. Your married son or daughter
6. Your brother or sister

If you’re a green card holder, you can file for:

1. Your spouse
2. Your unmarried children (under or over 21)

Who You Cannot Sponsor

You cannot use Form I-130 to sponsor:

1. Grandparents
2. Grandchildren
3. Aunts or uncles
4. Cousins
5. In-laws
6. Stepchildren or stepparents if the relationship began after the child turned 18
7. Adopted children who were not adopted before the age of 16

What Happens After You File

1. Submit Form I-130

You can file the form online or send it by mail. Make sure all information is complete and accurate.

2. Get a Receipt Notice

USCIS will send a notice confirming they received your form. This notice includes a receipt number that lets you track your case.

3. Respond if More Information is Needed

Sometimes, USCIS asks for more evidence. If you receive a request, respond by the deadline to keep your case moving.

4. Approval or Denial

If the petition is approved:

1. If your relative is already in the U.S., they may be able to apply for a green card by submitting Form I-485 (if eligible).
2. If your relative is outside the U.S., the case will move to the next stage, handled through a U.S. embassy or consulate.

If the petition is denied, you may be able to appeal or ask USCIS to review the case again.

Visa Availability and What Comes Next

Not every relative can apply for a green card right away. Some must wait for a visa to become available, depending on the type of relationship and country of origin.

Immediate relatives of U.S. citizens — like spouses, parents, and unmarried children under 21 — do not have to wait for a visa number. Other relatives may be in categories that are subject to yearly limits, which can mean longer wait times.

How Long Does It Take?

Processing time for Form I-130 depends on:

1. Whether you’re a citizen or a green card holder
2. Your relationship to the relative
3. Which USCIS office or service center is handling your case

To check the estimated time for your specific case, you’ll need to know your receipt number and the service center assigned to it. That information is listed on the receipt notice USCIS sends after you file.

Step-by-Step: How to File Form I-130

1. Get the Form

You can fill out Form I-130 online or download a paper copy for mail filing.

2. Read the Instructions

Before starting, read the official instructions to make sure you understand what documents and information are required.

3. Gather Documents

You’ll need to include proof of your status (such as a passport or green card) and documents that show your family relationship. These may include:

1. Birth certificates
2. Marriage certificate
3. Divorce papers (if needed)
4. Name change records
5. Copies of passports or green cards

4. Fill Out the Form

Provide complete information about you (the petitioner) and your relative (the beneficiary).

If you’re filing for your spouse and they are in the U.S., they must also fill out Form I-130A. If they’re outside the U.S., you can fill it out and sign it for them.

5. Pay the Filing Fee

You can pay the fee by check, money order, or credit card if filing by mail. Online payment is available if you file electronically.

6. Submit the Form

You can submit your petition either online or by mailing the completed form and documents to the appropriate USCIS address.