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Form I-130: Petition for Alien Relative

Form I-130 is the family-based immigrant petition. It establishes the qualifying family relationship between a U.S. citizen or lawful permanent resident petitioner and their foreign relative. Approval places the beneficiary in the correct preference category and preserves a priority date for eventual green-card issuance.

What Form I-130 Is

Form I-130 is the petition U.S. citizens and lawful permanent residents (LPRs) file to sponsor a foreign relative for a green card. It establishes the qualifying relationship — spouse, parent, child, sibling — and places the beneficiary in the correct visa category.

Approval doesn't grant the green card; it sets the priority date and either lets the beneficiary file Form I-485 (adjustment of status) if inside the U.S., or begin consular processing if abroad. Immediate relatives of U.S. citizens face no numerical limit, so they can proceed as soon as the I-130 approves. Preference-category beneficiaries wait for their priority date to become current on the Visa Bulletin.

I-130 Categories

Which category applies determines the wait time — from months (immediate relatives) to a decade or more (Fourth Preference from certain countries).

  1. Immediate Relative — U.S. Citizen Spouse (IR-1/CR-1)

    Unlimited numerical category. IR-1 issues a 10-year green card when the marriage is over two years old at approval; CR-1 issues a 2-year conditional card when younger.

  2. Immediate Relative — U.S. Citizen Parent or Minor Child (IR-2/IR-5)

    U.S. citizens can petition unmarried children under 21 and, when 21 or older, their parents. Unlimited numerical category.

  3. F1 — Unmarried Adult Children of U.S. Citizens

    Subject to per-country annual limits. Long waits common for high-demand countries.

  4. F2A — Spouses and Minor Children of LPRs

    Subject to numerical limits but usually current or near-current.

  5. F2B — Unmarried Adult Children of LPRs

    Numerical limits and multi-year waits typical.

  6. F3 — Married Children of U.S. Citizens

    Numerical limits — waits often exceed a decade for Mexico and the Philippines.

  7. F4 — Siblings of U.S. Citizens

    Longest waits — often 15 years or more for high-demand countries.

Filing Fee

The USCIS filing fee is $675 when filed online and $625 on paper. Fees are non-refundable regardless of outcome.

Documents Filed with I-130

The exact set varies by relationship. Every marriage-based I-130 requires proof of a bona fide relationship — the single biggest reason USCIS issues RFEs.

Petitioner Documents

  • Proof of U.S. citizenship (passport, naturalization certificate, or birth certificate) or LPR status (both sides of green card)
  • Birth certificate
  • Divorce or death records for prior marriages

Beneficiary Documents

  • Passport biographical page
  • Birth certificate with certified translation
  • Marriage certificate (spouse petitions)

Marriage-Based Bona Fide Evidence

  • Joint lease, mortgage, or property records
  • Joint bank accounts and financial statements
  • Joint insurance and beneficiary designations
  • Photos together over time and with family
  • Communication records (during periods apart)

Frequently Asked Questions About I-130

The USCIS filing fee is $675 online and $625 on paper as of the Apr-2024 fee schedule. The fee is per petition — a family with multiple qualifying beneficiaries files a separate I-130 for each.

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