How to File Petition for Alien Relative
If you’re a U.S. citizen or a green card holder (lawful permanent resident), USCIS Form
I-130 Petition for Alien Relative is how to start the family-based immigration process for
your immediate relative seeking lawful permanent residence.
The form I-130 establishes your relationship with family members and gets the ball
rolling for them to submit their immigrant visa petition and live in the U.S. permanently.
The United States Citizenship and Immigration Services (USCIS) processes a large
number of Form I-130 petitions every year and reviews them based on established
standards. This article will go over everything you need to know about Form I-130, who
can file it, what documents are required, and the process.
Why Form I-130 Petition Matters
The main purpose of the Form I-130 petition is to show a qualifying relationship
between a U.S. citizen or green card holder and their foreign family member. By filing,
the petitioner is saying they will sponsor the alien relative for a green card and get them
settled in the U.S.
Approval of Form I-130 is a big step in the process of getting the immigrant visa as it
confirms the valid family relationship and allows the immediate relatives to move
forward with their immigration status.
Form I-130 is more than just starting the green card process. Here’s why:
- Eligibility Determination: USCIS approves Form I-130 when they determine the
petitioner and foreign national family member relationship falls under a family-
based green card category recognized by U.S. immigration law. Different
categories have different wait times and quotas, so this step is important. - Intention to Sponsor: By filing Form I-130, the petitioner is formally stating they
will support the eligible family member once they get a green card financially. - Case Initiation: An approved Petition for Alien Relative is the official start of the
beneficiary’s green card process. They can now move on to the next steps like
the immigrant visa petition and green card interview. - Proof of Relationship: The documents submitted with Form I-130, like marriage
or birth certificate, are evidence for USCIS to prove the petitioner-beneficiary
relationship.
Who Can Sponsor a Family Member
U.S. citizens and green card holders can file Form I-130 petition for alien relative to
determine their sponsorship eligibility for certain family members for a green card.
Eligible members are:
- U.S. Citizens: Spouse, children (unmarried and under 21), parents, siblings.
- Green Card Holders: Spouse and dependent children.
What is Immediate Relative and Family Preference
Categories
An immediate relative of U.S. citizens is not subject to numerical limits on immigrant
visas, so they have shorter wait times. These family preference categories are: spouse,
unmarried child under 21, parents of U.S. citizens.
Family preference categories apply to other eligible family members and are subject to
annual numerical limits. These categories are:
- First Preference (F1): U.S. citizens’ unmarried adult children, aged 21 and above.
- Second Preference (F2A): Permanent residents’ spouses and their unmarried children under 21.
- Third Preference (F2B): Permanent residents’ unmarried adult children, aged 21 and above.
- Fourth Preference (F3): U.S. citizens’ married children.
- Fifth Preference (F4): U.S. citizens’ brothers and sisters.
Who May Face Restrictions When Filing Form I-130?
- Individuals with Certain Criminal Convictions:
- Under the Adam Walsh Act, individuals convicted of certain offenses,
especially those involving sexual crimes against minors, may not be eligible to file Form I-130. Specific legal provisions determine eligibility
based on criminal history.
- Under the Adam Walsh Act, individuals convicted of certain offenses,
- Individuals with Fraudulent Marriages:
- If USCIS determines that a previous marriage was entered into solely for
immigration benefits (i.e., a sham marriage), the petitioner may not be
eligible to file future petitions, including Form I-130.
- If USCIS determines that a previous marriage was entered into solely for
- Individuals Previously Ordered Removed:
- Petitioners who have been previously ordered removed (deported) from
the U.S. and have not obtained permission to reenter may not be eligible
to file Form I-130. They must address their removal order before filing a
new petition.
- Petitioners who have been previously ordered removed (deported) from
- Other Restrictions
- Same-Sex Relationships Not Recognized by State or Country
- If the marriage is not recognized in the state or country where it took place, it
may affect the ability to file Form I-130. But if the marriage is valid where
performed and recognized by U.S. law, it should be good. - Increased Burden of Proof for I-130 Petitioners Who Got a Green Card Through
Marriage, Divorced, and Remarried Within 5 Years: - Under the Immigration and Nationality Act (INA) Section 204(a)(2), petitioners in
this situation must provide more evidence to prove that their new marriage is
bona fide and not a way to circumvent immigration laws. - Increased Burden of Proof for I-130 Petitioners Who Marry While the Immigrant
Is In Removal Proceedings. - If an immigrant marries while in removal proceedings, the petitioning spouse
must prove that the marriage is bona fide by “clear and convincing evidence”.
This is a higher standard than the “preponderance of the evidence” standard
required in immigration cases.
What is the Filing Fee for USCIS Form I-130?
As of 2024, the filing fee for Petition for alien relative is $675. This fee is non-refundable
even if the petition is denied. So, be aware that if you are submitting multiple forms, you
need to pay each filing fee separately.
Where to File Form I-130
Form I-130 can be filed online or by mail. Filing location depends if petitioner is in the
U.S. or abroad.
- In the U.S.: Petitions are sent to the USCIS Dallas Lockbox or Phoenix Lockbox depending on the petitioner’s location.
- Outside the U.S.: Petitions can be filed at the U.S. embassy or consulate or sent to a USCIS office.
- Online filing: You can also file the petition online from anywhere.
The most up-to-date information on filing locations can be found on the USCIS website.
What Steps are Involved in the I-130 Filing Process?
- Fill out the Form I-130
- Fill out I-130 as part of the process; make sure to fill out all sections correctly.
- Provide all information about the petitioner and beneficiary.
- Gather Documents
- Collect all supporting documents, including U.S. citizenship or green card, proof of
relationship, and financial evidence.
- Collect all supporting documents, including U.S. citizenship or green card, proof of
- Pay the Filing Fees
- Submit the correct filing fee of $675. Filing fees can be made by check or credit card
using Form G-1450. Checks should be made payable to The U.S. Department of
Homeland Security. Do not use abbreviations like “USDHS” or “DHS”. Double-check the
amount to make sure it’s the right fee. Write your name and A-number (if applicable) on
the check.
- Submit the correct filing fee of $675. Filing fees can be made by check or credit card
- File the Petition
- You can file the completed form I-130 and supporting documents online or by mail to
the USCIS lockbox or office. - For online filing, create a USCIS online account and submit your petition online. After
you have filled out the online application, there will be several upload options for
documents. Before the application can be submitted, it will require payment and provide
instructions on how to pay in order to file the form.
- You can file the completed form I-130 and supporting documents online or by mail to
- Get a Receipt Notice
- After filing the petition, the petitioner will receive a receipt notice from USCIS stating that
the petition has been received and is being processed.
- After filing the petition, the petitioner will receive a receipt notice from USCIS stating that
- After Form I-130 is Approved
- After the I-130 is approved and approval notice is received, the next steps depend on
whether the beneficiary is in the U.S. or abroad.
- After the I-130 is approved and approval notice is received, the next steps depend on
- Adjust Status (In the U.S.)
- If the beneficiary is in the U.S., they can file Form I-485 (Application to Register
Permanent Residence or Adjust Status) to become a permanent resident. This involves
submitting other relevant documentation and attending an interview with a USCIS
officer.
- If the beneficiary is in the U.S., they can file Form I-485 (Application to Register
Form I-130 Supporting Documents
Here is a list of all required supporting documents to prove eligibility and family
relationship:
- U.S. Citizenship or Green Card: Copy of petitioner’s U.S. passport, birth certificate, naturalization certificate, or green card.
- Relationship: Marriage certificate for a spouse. Birth certificates for children or parents. Both birth certificates for siblings.
- Name Changes: If the petitioner or the green card applicant has had any name changes, attach legal documents to support these changes.
- Nationality: Copy of the beneficiary’s valid passport.
- Financial: Tax returns, bank statements, etc. to show the petitioner can support the beneficiary.
Submit Alternative Documents
Secondary evidence or alternative supporting documents must be submitted if primary
documents are not available. This can include:
● Affidavits of Personal Knowledge: Written statements from people who can
also be used as secondary evidence to attest to the facts of the relationship.
- Official Statements: Letters from relevant authorities stating that primary documents do not exist.
- Secondary Evidence: Baptismal certificates, school records, etc. to prove the facts of the relationship photos and affidavits.
Financial Evidence and Sponsorship
When sponsoring a family member, you need to show financial responsibility by
providing financial evidence at the time of adjustment of status or consular processing.
This includes submitting evidence such as income tax returns, employment verification
letters, and bank statements. You need to show you can support the beneficiary and not
make them a public charge.
An Affidavit of Support (Form I-864) is a binding document where you agree to support
the beneficiary financially. This form is required for most family-based green card
applications to ensure the beneficiary will not be on public assistance.
Specifics for Different Categories
Spouses
When filing form I-130 for a spouse, it’s important to provide evidence of a legally valid
relationship that the marriage is bona fide and not entered into for immigration benefits.
This includes:
- Joint Bank Accounts: Statements with both names.
- Joint Insurance Policies: Health, life, or auto insurance documents.
- Photographs: Photos of the couple together at different times and places.
- Affidavits: Statements from friends and family members attesting to the marriage.
If either spouse has a prior marriage, including divorce decrees or death certificates to
prove all prior marriages have been terminated is required. Evidence of an ongoing marital union, such as joint lease agreements, utility bills, and correspondence addressed to both spouses can help strengthen the petition.
Children
However, USCIS has special considerations for child status for these immigrant visa
petitions. While the I-130 process is generally the same for most relatives, there are
important nuances to consider when petitioning for a child.
- Age: There’s no upper age limit for a child you can petition for. However, children over 21 fall under a different preference category, leading to longer green card wait times. For an adopted child, include the adoption decree and evidence the adoption took place before the child turned 16.
- Derivative Beneficiary: When petitioning for a spouse, you can include their unmarried child under 21 on the same I-130 petition. This saves time and money compared to filing separate petitions. For stepchildren, provide evidence of the marriage between the petitioner and the child’s biological parent and the child’s birth certificate.
- Child Status Protection Act (CSPA): CSPA protects certain unmarried children under 21 from “aging out” of the green card process if the parent’s petition is approved after they turn 21. However, specific requirements must be met. For applicants over 21, include evidence they remain unmarried, such as affidavits and other relevant documents.
- Unlawful Presence: Children under 18 don’t accrue unlawful presence in the U.S. even if they entered illegally. This is beneficial if your child needs to travel abroad for a visa after the I-130 is approved.
- Documentation: For adopted children or children born out of wedlock, obtaining proper documentation proving the relationship may require extra steps. Parents Include the petitioner’s birth certificate and evidence of a parental relationship, such as affidavits and family photos. If the petitioner is a U.S. citizen, include proof of citizenship, such as a birth or naturalization certificate.
- Shared Parentage: Include birth certificates for both siblings showing the same parent.
Avoid Delays and Denials
Make sure all forms are filled out correctly and completely to avoid delays and denials. Even seemingly minor errors or inconsistencies on the I-130 petition can lead to delays or requests for evidence (RFEs).
An attorney can review your completed form before submission to minimize the chance of errors and ensure all information is presented clearly and accurately.
Respond to any RFEs or additional documentation requests from USCIS ASAP to keep
the process moving.
General Wait Time to Immigrate to the U.S. via I-130
Family-Based Petition
The processing time through the Form I-130 family preference category varies based on
the relationship category, the beneficiary’s country of origin, and the Visa Bulletin.
Here’s a breakdown:
Immediate Relatives of U.S. Citizens
U.S. Citizen’s Spouses, Parents and Unmarried children
- General Wait Time: 12-18 months.
- Process:
- USCIS Processing: 6-12 months.
- NVC Processing and Consular Interview: 3-6 months.
- Adjustment of Status (if within the U.S.): 6-12 months depending on the
local USCIS office backlog.
- USCIS Processing: 6-12 months.
Family Preference Categories
- F1: Unmarried Adult Children (21 and older) of U.S. Citizens
- General Wait Time: 7-8 years.
- F2A: Spouses and Unmarried Children (under 21) of Lawful Permanent Residents
- General Wait Time: 2-3 years
- Mexico: Slightly longer, typically 3-4 years
- F2B: Unmarried Adult Children (21 and older) of Lawful Permanent Residents
- General Wait Time: 5-7 years.
- F3: Married Children of U.S. Citizens
- General Wait Time: 10-12 years.
- F4: Siblings of U.S. Citizens
- General Wait Time: 14-16 years.
- Country of Origin:
- General: 14-16 years.
- India: 15-20 years.
- Mexico: 20+ years.
- Philippines: 20+ years.
For more accurate processing time, check the Visa Bulletin Priority Date on the USCIS
website and consult with an immigration attorney for the most up-to-date information.
USCIS Processing Time
Depends on the USCIS Service center handling your case.
- Petition Receipt: 1-3 weeks to receive receipt notice.
- Initial Review and Request for Evidence (if needed): 6-12 months.
- Approval Notice: 6-12 months after filing, assuming no issues.
National Visa Center (NVC) Processing
- Case Creation: 1-3 months after USCIS approval.
- Document Submission and Review: 3-6 months.
- Scheduling of Consular Interview: 2-4 months, depending on the consulate.
Consular Interview and Visa Issuance (if outside the U.S.)
- Interview Appointment: 1-2 months after NVC processing is complete.
- Visa Issuance: 1-2 weeks after interview.
Adjustment of Status (if within the U.S.)
- Form I-485 Filing: Concurrent or after form I-130 approval.
- Biometrics Appointment: 1-2 months after filing.
- Interview (if required): 6-12 months after filing.
Approval and Green Card: 1-2 months after interview.
After Approval: Becoming a Green Card Holder
After the beneficiary becomes a lawful permanent resident, they must maintain their
permanent resident status post-approval by living in the U.S. and not doing anything
that could jeopardize their status, such as committing crimes or not filing income tax
returns.
U.S. Citizenship
After holding a green card for a certain period (usually 5 or 3 years if married to a U.S.
citizen), the beneficiary can apply for U.S. citizenship through naturalization. This
involves submitting Form N-400, passing a citizenship test, and attending a
naturalization ceremony.
Additional Forms and Documents to File with I-130 Petition
Form I-130 requires the US citizen petitioner to submit supporting documents and a
filing fee with the form. You’re not done with the petition until you have:
- Form I-130A: Supplemental Information for Spouse and Beneficiary, which asks for extra biographical information. This form replaces the old Form G-325A, which both the sponsor and foreign applicant in a marriage-based green card application were supposed to fill out and submit.
- Proof of U.S. citizen status of a spouse who will be the petitioner: Proofs
can be a copy of a birth certificate, passport, certificate of naturalization, or Form
FS-20 (Report of Birth Abroad of a United States Citizen), and this will depend on
how a spouse became a U.S. citizen. - Proof of legal marriage: This should include, at a minimum, a copy of your
marriage certificate, probably from a government source. If either you or your
spouse has been previously married, you must include proof those marriages
were terminated, such as a copy of a death, divorce, or annulment certificate. - Photos: Attach one passport-style photo of each of you. The photos should be
color, taken within the past six months, of your current appearance. However,
USCIS allows your spouse to submit a photo that doesn’t completely follow the instructions if they live in a country where such photographs are not available or
are too expensive. - Fees: The filing fee for an I-130 petition is $625 if you file online and $675 for
paper filing. (As of April 1, 2024; always check the USCIS I-130 Web page or call
USCIS at 800-375-5283 for current fees.) You can pay by check or money order
or by filling out Form G-1450, Authorization for Credit Card Transactions.
I-130 Appeals
If your I-130 petition is denied, you will receive a notice explaining the reason for the
denial. You can appeal the decision or file a motion to reopen or reconsider. The appeal
process involves filing Form I-290B, Notice of Appeal or Motion, with the fee. It’s
recommended you consult with an attorney to figure out what to do.
FAQs
Secure Your Family’s Future in the U.S.
By following these steps and utilizing available resources, you can move closer to obtaining immigrant visas for your immediate family members.
The journey towards family unity, permanent resident status, and citizenship is rewarding and worthwhile.
With the right information and guidance, your family can look forward to a bright future in the U.S.
For expert legal support with filing Form I-130, obtaining immigrant visas, registering for permanent residence, or navigating immigration court proceedings, contact Herman Legal Group at 1-216-696-6170. Let us help you every step of the way.
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