Form I-130, Explained
Information about the average timelines, cost, and requirements for Form I-130 “Petition for Alien Relative”
What is USCIS Form I-130?
Form I-130 (officially called the “Petition for Alien Relative”) is the first step in the family-based green card process. For marriage green cards or spousal visas, the I-130 along with supporting documentation are used to prove to USCIS that your marriage is real.
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What Is Form I-130 Used For?
The purpose of Form I-130 is to prove that a valid family relationship exists between a U.S. citizen or green card holder and a person seeking a green card. This form is often simply referred to as the “I-130 petition.” Filing the I-130 petition with U.S. Citizenship and Immigration Services (USCIS), which is part of the U.S. Department of Homeland Security (DHS), is the first step in the family-based green card process.
In the context of a marriage visa or spousal visa, the I130 is filed to prove that your marriage is legally valid (based on a marriage certificate). This is also the time during the marriage-based green card process in which you submit documents (for example, joint bank account statements, joint insurance documents, and photos together) to prove that your marriage is “authentic” — that is, it isn’t based on fraud.
Filing the I-130 petition also establishes your place in line for an available green card. Unless you’re the spouse, parent, or unmarried child (under age 21) of a U.S. citizen (who gets to skip the line entirely), your place in line is determined by your “priority date,” which is the date that USCIS received your I-130 petition. Typically, petitions are processed in the order they are filed. Check out the Visa Bulletin to learn more about the current wait times for specific green card categories.
Form I-130 Processing Times
The time it takes for your I-130 petition to be approved in 2023 depends on the family relationship and where you apply from.
How long does the I-130 petition process take?
Right now, for immediate relatives of a U.S. citizen, e.g., spouse, unmarried child under age 21, or parent living abroad, the wait time for Form I-130 averages 14–15 months. For those living in the U.S., the processing time is currently 12.5–20.5.
For immediate relatives (spouse or unmarried child) of a U.S. green card holder (legal permanent resident) living abroad, the time to process Form I-130 currently varies between 28–40 months. For those living in the U.S., the processing time is currently 12.5–20.5 months.
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Can I speed up the processing time for I-130?
In recent years, processing times for many visa categories have increased substantially, but there are a few strategies to try to improve your chances of getting your I-130 approved more quickly.
- Submit a strong application the first time, and apply as soon as you can
- File an expedite request with USCIS
- Reach out to your congressional representative directly for help
- Stay in touch with USCIS. You can check the status of your petition online or by calling USCIS.
Form I-130 Cost
How much does the I-130 cost?
The price to file Form I-130 is currently $535. The payment submitted to the government is not refundable, even if your petition is denied.
Additional Tips:
- Be sure to submit the exact amount of the filing fee. You can pay this via check or credit card, using Form G-1450. Checks should be made payable to “U.S. Department of Homeland Security.”
- Always check the USCIS website for Form I-130 to confirm the filing fee before you file. You can also call the USCIS National Customer Service Center at 1-800-375-5283 to inquire about the current filing fee.
- If you’re sponsoring more than one person, you’ll need to file separate Form I-130s for each family member.
Important: The government filing fee for Form I-130 could increase in the next year
In 2023, USCIS announced plans to increase application costs for more immigrant benefits. The proposed fees have not gone into effect and USCIS has not provided any additional timing information. Sources estimate that the new fees could go into effect as soon as late 2023 or early 2024. If the proposed rule goes into effect, the cost of filing the I-130 petition would increase from $535 to $820. Boundless’ USCIS fees guide has a full breakdown of the expected costs as well as updates on the government’s proposal.
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Form I-130 Eligibility
Who can file Form I-130?
U.S. citizens can file I-130 petitions for their spouses, children, parents, and siblings. Current green card holders can file I-130 petitions for their spouses and unmarried children.
The U.S. citizen or green card holder who files the I-130 petition is officially called the “petitioner” or “sponsor.” The person seeking a green card is officially known as the “beneficiary.”
Who cannot file Form I-130?
There are some eligibility exclusions that prevent the filing of an I-130 petition, even when the above family relationships exist. You cannot file an I-130 in order to sponsor any of the following relatives:
- A grandparent, grandchild, nephew, niece, uncle, aunt, cousin, or parent-in-law
- An adoptive parent or adopted child, if the child was adopted after he or she turned 16 years old
- A biological parent, if you became a green card holder or obtained U.S. citizenship through adoption
- A stepparent or stepchild, if the marriage that created the step relationship happened after the child turned 18 years old
- A spouse, if you and your spouse were not both physically present at the marriage ceremony
- A spouse, if you became a green card holder through a prior marriage to a U.S. citizen or green card holder — unless you are now a naturalized U.S. citizen or have been a green card holder for at least five years
- A spouse, if you married your spouse while he or she was part of any immigration court proceedings (a hearing in an immigration court for someone facing deportation, or, more formally, “removal”)
- Any relative, if USCIS has determined that this person married, or attempted to marry, purely for immigration purposes
It’s important to know that there are exceptions to some of the above exclusions and that you may be able to file an I-130 petition with additional supporting documentation in those situations.
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Form I-130 Required Documents
The I-130 petition must be filed with supporting documents to prove that the sponsor is allowed to file an I-130 and that they have a valid family relationship with the person seeking a green card.
The required supporting documents for an I-130 petition typically include:
- 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
- Proof of nationality of the person seeking a green card
What if I’m missing some documents for my I-130?
If you do not have one of the primary documents required, such as a birth certificate, then you will need to submit a letter from the relevant authorities to confirm that this document does not exist. Learn about secondary evidence that you might be able to submit along with your letter.
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. 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.
Don’t worry, you don’t have to have all your documents organized to get started, Boundless will help you compile everything you need before submitting your application. Learn more about what Boundless can do to help.
Alternative Documents
If a required document is not available, you must submit alternative documents (officially called “secondary evidence”) so that USCIS can make a decision on your I-130 petition. (Boundless has a detailed guide to obtaining hard-to-find documents and providing secondary evidence.)
For example, if your birth certificate is not available, you can first obtain a statement from the issuing government agency in your home country certifying that your birth certificate is not available from that agency. Otherwise, you’ll need to obtain other records (for example, a baptismal certificate or school records) showing the facts of your birth or written statements from relatives who can attest to those facts.
What happens after the I-130 is approved?
Once the I-130 has been approved, your relative can apply for a green card. If they are an immediate relative, such as a parent, spouse, or unmarried child under the age of 21, they may be able to apply straight away.
Otherwise, they may have to wait. If they can apply immediately and they are in the United States, they may be able to adjust their status using Form I-485.
BOUNDLESS TIP: After Your I-130 Is Approved
You’ll likely need to provide additional documentation to USCIS. This includes birth certificates, marriage certificates, and police clearances. You may also need to attend an interview with USCIS. And you may need to pay additional fees – such as application fees for I-485 and the biometrics fee. Plan ahead by keeping a copy of all your supporting documents, preparing for your interview, and reviewing your finances so you’re ready!
How many I-130s are approved each year?
The approval rate for Form I-130 has been high in recent years, above 99%! This is because most I-130 applications are filed by U.S. citizens or green card holders who are sponsoring their immediate relatives. Immediate relatives are not subject to numerical limits, so there is a good chance that their petitions will be approved.
It is important to file your petition correctly and to provide all of the required documentation. Boundless will stay with you from start to finish! Learn more about what Boundless can do to help.
Frequently Asked Questions
Form I-130 is the first step to helping a relative apply for a green card if you are a U.S. citizen or permanent resident and you want to prove that you are related to someone who is eligible for permanent residency.
If your relative is already in the United States, they may be able to use Form I-485 (Application for Adjustment of Status) to apply for permanent residency at the same time. In some cases, you may be able to file these forms together.
You can file Form I-130 either online or via mail. To file online, you need to create an online account with USCIS. This will also make it easier to receive case alerts, check your status, upload supporting evidence, and see all case correspondence. You can submit Form I-130 online even if your relative is already in the United States and they plan to submit their Form I-485 by mail.
You can also file Form I-130 by mail. If you live in the United States, you will need to confirm to which address to send your petition. Depending on which state you live in and whether or not your relative is filing Form I-485 as well, USCIS will require you to send to either the Dallas, Chicago, or Phoenix Lockbox. From here, it will be processed at any of USCIS’ five service centers.
If you live outside the United States, you may file at the USCIS Dallas Lockbox or online. If there are special circumstances, you can request to file at the closest U.S. Embassy.
Make sure you fill out all sections of the form and sign it, otherwise, USCIS may reject it.
An I-130 petition currently costs $535, paid using a check or credit card, using Form G-1450. However, that price could go up in 2023.
Check out our USCIS fees guide for a full breakdown of the expected costs as well as updates on USCIS’ proposed fee increase.
An I-130 petition currently costs $535, paid using a check or credit card, using Form G-1450. However, that price could go up in 2023.
Check out our USCIS fees guide for a full breakdown of the expected costs as well as updates on USCIS’ proposed fee increase.
USCIS may request biometrics information from any applicant, sponsor, or petitioner. After your file your I-130, you will receive Form I-797C from USCIS, which will let you know if your petition has been approved, rejected, or if you need to provide more information. If your I-130 has been approved, this form will also include an appointment notice with a date, time, and location for an appointment to provide biometrics information at your closest application support center.
USCIS may request biometrics information from any applicant, sponsor, or petitioner. After your file your I-130, you will receive Form I-797C from USCIS, which will let you know if your petition has been approved, rejected, or if you need to provide more information. If your I-130 has been approved, this form will also include an appointment notice with a date, time, and location for an appointment to provide biometrics information at your closest application support center.
There are many reasons why an application may be denied. If USCIS denies your I-130 petition, you will receive Form I-797 (“Notice of Action”) in the mail.
If you believe your I-130 was unfairly denied, you may be able to appeal to a separate body, the Administrative Appeals Office (AAO), within 30 days from when the notice was sent (not from when the notice was received).
For most people petitioning with I-130, USCIS will invite the sponsor and the relative seeking a green card to attend an interview. During the interview, USCIS will confirm the information you have provided.
Sometimes, USCIS might be able to approve your I-130 without the need for an interview. If you are a U.S. citizen and you are filing for your parents, or unmarried children under the age of 21 who are in the United States and have filed Form I-485, then you might not need an interview. You also may not need an interview if you are a permanent resident and you are petitioning for any of your children who are younger than 14 years old.