Form I-130: Requirements, Fees, Processing Time, and Next Steps
This guide explains what Form I-130 is, who can file, and how to get started on the green card process for family. It is written for families who want clear answers without legal jargon.
What is Form I-130?
Form I-130, Petition for Alien Relative, is the first step in most family-based immigration cases. If you want to help a close relative immigrate to the United States, this petition establishes the qualifying family relationship.
U.S. citizen or lawful permanent resident files Form I-130 to prove a qualifying family relationship with an eligible relative.
Approval of Form I-130 does not grant a green card. It simply places your relative in line for the next immigration step.
Form I-130 Eligibility Requirements
Only U.S. citizens and permanent residents may file Form I-130. And only certain relationship types are valid. Eligibility depends on your immigration status and your relationship to the beneficiary. The relationship type also affects which family-based category the beneficiary falls in:
Immediate Relative Categories
- IR1: Spouse of a U.S. citizen
- IR2: Unmarried child (under 21 years of age) of a U.S. citizen
- IR3: Orphan adopted abroad by a U.S. citizen
- IR4: Orphan to be adopted in the United States by a U.S. citizen
- IR5: Parent of a U.S. citizen (who is at least 21 years old)
For a closer look at some of the advantages for this category, view immediate relatives →
Family Preference Categories
- F1: Unmarried, adult sons and daughters (age 21 or over) of U.S. citizens
- F2A: Spouses and unmarried children (under age 21) of permanent residents
- F2B: Unmarried adult sons and daughters of permanent residents
- F3: Married sons and daughters (any age) of U.S. citizens
- F4: Brothers and sisters of adult U.S. citizens
For a closer look at requirements for these categories, view family preference →
Generally, each qualifying relative requires a separate Form I-130. In certain cases, a spouse or child may qualify as a derivative beneficiary.
CitizenPath checks your petition to confirm eligibility, identify mistakes, and alert you of inconsistencies. This optimizes your chances at smooth processing and a quick approval. Learn more about our Immigrant Visa Petition Package →
Documents Needed with the I-130 Form
USCIS requires supporting documents to confirm that a qualifying family relationship exists. There is no single standard document list for Form I-130. Evidence requirements vary widely based on the relationship, the petitioner’s status, and how questions are answered on the form. Prior marriages, name changes, or other family history can also change what documents are required.
Most Form I-130 petitions include documents from these broad categories:
- Proof of the petitioner’s status (U.S. citizenship or permanent residence)
- Proof of the qualifying family relationship
- Documents resolving prior marriages or legal changes, if applicable
Marriage-based petitions receive closer review. USCIS expects evidence showing the marriage is bona fide, meaning it was entered into in good faith and not for immigration benefits. What qualifies as sufficient proof depends on the couple’s history and circumstances. Learn more about the best evidence to prove a bona fide marriage on your I-130 petition →
For the most accurate list of documents, try CitizenPath’s Immigrant Visa Petition Package. Our online service walks you through Form I-130 and produces a customized checklist tailored to your situation, ensuring you send only what USCIS requires.
Form I-130 Filing Fee
When filing the paper-based Form I-130 for a relative, you must submit a $675 filing fee to USCIS. If you file your petition online, you will pay only $625. Use CitizenPath's list of USCIS fees to check your filing fee. USCIS occasionally adjusts fees, so always verify the USCIS fee schedule before filing.
The I-130 petition starts the path to a green card. However, there are additional fees and expenses over the course of the immigration process. For a closer look at all fees, see the consular processing fees →
Form I-130 Instructions: How to Complete the Petition
Form I-130 instructions explain who can file, how to complete each section, and what evidence to include with the petition. While the form itself appears straightforward, many questions are conditional. Your answers can trigger additional requirements, forms, or supporting documents.
USCIS provides official instructions, but they are written broadly and do not account for individual family situations. As a result, petitioners often struggle to understand which details apply to them and which do not.
For a closer look at the individual sections on the I-130 form, view our post about the I-130 instructions for the immigrant petition. If you prefer step-by-step guidance for each question at an affordable price, explore our online service. CitizenPath walks you through each question, checks for errors, and produces ready-to-file forms plus a customized checklist of supporting documents. It's free to try: Immigrant Visa Petition Package →
Processing Time & What Happens After You File I-130
After USCIS receives Form I-130, it reviews the petition to confirm the family relationship and sets the filing date, which determines the beneficiary’s place in the green card line. Processing times vary based on the relationship, the petitioner’s status, and the USCIS service center.
Immediate relatives of U.S. citizens generally receive faster decisions because visas are always available. Preference categories take longer because they are subject to annual visa limits and backlogs. Get a more detailed explanation of what happens at each step of the process in our page about the I-130 processing time →
What Happens After Approval
Remember, Form I-130 approval does not grant a green card. It only confirms the family relationship and assigns the case to the correct visa category.
If a visa is available, the beneficiary may proceed with adjustment of status in the United States or consular processing abroad. If no visa is available, the case waits until the priority date becomes current. Use our fast, free tool to estimate your wait: Green Card Wait Time Estimator →
Common Form I-130 Mistakes to Avoid
Many petitions are delayed due to avoidable errors. The most common problems include:
- Submitting insufficient relationship evidence
- Failing to submit adequate proof of a bona fide marriage
- Forgetting to file separately for children
- Inconsistent information between the form and evidence
A Request for Evidence (RFE) does not mean denial, but it can add months to your case. For a detailed breakdown of common errors and how to avoid them, read Reasons for an I-130 Denial and How to Avoid Them →
USCIS I-130 Rejections in 2024
MODERATE RISK
USCIS I-130 Denials in 2024
HIGH RISK
CitizenPath checks your petition to identify mistakes, omissions and inconsistencies. This optimizes your chances at smooth processing and a quick approval. Learn more about our Immigrant Visa Petition Package →
FAQs About the I-130 Petition
How CitizenPath Helps You File I-130 Correctly
CitizenPath makes it easy to prepare Form I-130 correctly the first time. Our affordable online service was designed by immigration attorneys to guide you through each question with simple directions, check for errors, and generate personalized filing instructions.
- Step-by-step I-130 preparation
- Customized checklist of supporting documents
- Error-checking logic and alerts for problems
- Money-back guarantee of USCIS approval
- Try for free; pay only when ready to file