Form I-130 establishes a qualifying family relationship between a U.S. citizen or permanent resident and a relative seeking immigration. It's the foundation of every family-based green card case.
Filing fee: $675 · Processing time: 6-18 months · USCIS link: uscis.gov/i-130
Who can file I-130
Eligible petitioners:
- U.S. citizens (USCs) — can sponsor: spouse, parent, unmarried child under 21, unmarried child 21+, married child, sibling
- Lawful Permanent Residents (LPRs) — can sponsor: spouse, unmarried child under 21, unmarried child 21+ (cannot sponsor parents, siblings, or married children)
The petitioner must:
- Be at least 18 years old (21 for parent petitions)
- Have legal U.S. status (citizen or LPR)
- Maintain a U.S. domicile (with limited exceptions for those abroad with intent to return)
Filing fee and methods
Fee: $675 paper filing. (Online filing currently $675 as well.)
Filing methods:
- Online via myUSCIS: Faster receipt notice, easier status tracking, document upload during filing
- Paper filing: Mail to specified USCIS Lockbox depending on petitioner's location
Fee waivers (Form I-912) available for petitioners receiving means-tested benefits, with household income at or below 150% of federal poverty guidelines, or facing financial hardship.
Required supporting documents
Proof of petitioner's status
- U.S. passport biographical page, birth certificate, or naturalization certificate (USC)
- Permanent Resident Card (front and back) (LPR)
Proof of qualifying relationship
| Relationship | Required Documents |
|---|---|
| Spouse | Marriage certificate, proof of bona fide marriage, divorce decrees from prior marriages |
| Parent (USC sponsoring) | Petitioner's birth certificate listing parent |
| Child | Child's birth certificate, marriage certificate to other parent (if married) |
| Sibling | Both birth certificates showing common parent |
For marriage cases (bona fide marriage evidence)
- Joint bank account statements
- Joint lease or property documents
- Joint tax returns
- Insurance beneficiary designations
- Photos together over time
- Travel records together
- Affidavits from family and friends
- Children's birth certificates (if applicable)
- Communication records (especially for couples who lived apart)
Form I-130A (for spouses)
Spouses must also complete Form I-130A (Supplemental Information for Spouse Beneficiary). Required information:
- Beneficiary's residence and employment for the past 5 years
- Information about the beneficiary's parents
The beneficiary signs Form I-130A. If the beneficiary is outside the U.S. and unable to sign, the petitioner can sign on their behalf with explanation.
Step-by-step filing process
- Determine eligibility and category — immediate relative or family preference?
- Gather supporting documents — relationship proof, status proof, marriage evidence (if applicable)
- Complete Form I-130 (and I-130A if spouse)
- Pay filing fee ($675)
- Submit to USCIS via mail or online
- Receive Form I-797 Notice of Action with receipt number — establishes priority date
- Respond to RFEs if requested
- Receive approval notice — case proceeds to NVC (consular processing) or USCIS (adjustment of status)
Processing times by service center (May 2026)
| Service Center | I-130 — IR/CR (spouse, parent, minor child) | I-130 — Other Family |
|---|---|---|
| California Service Center | ~14 months | ~22 months |
| Nebraska Service Center | ~12 months | ~20 months |
| Potomac Service Center | ~11 months | ~18 months |
| Texas Service Center | ~13 months | ~24 months |
| Vermont Service Center | ~10 months | ~16 months |
Processing times update monthly at egov.uscis.gov. Service center is determined by petitioner's residence address.
Common mistakes that cause RFEs
- Insufficient bona fide marriage evidence — generic proof rather than relationship-specific
- Missing translations — all foreign-language documents need certified English translations
- Wrong birth certificates — many countries have multiple types; the long-form is usually required
- Prior marriage gaps — failure to document termination of all prior marriages
- Incorrect relationship category — common with stepparent/stepchild relationships
- Petitioner status documentation gaps — naturalization certificates that aren't fully legible
- Domicile question — for petitioners temporarily abroad
- Signatures missing — especially the I-130A signature
After I-130 approval
Immediate relatives in the U.S.
File Form I-485 (Adjustment of Status) — can be filed concurrently with I-130 if beneficiary is in the U.S.
Immediate relatives abroad
Case transfers to National Visa Center (NVC). Pay fees, submit DS-260, document review, embassy interview.
Preference categories (F1, F2A, F2B, F3, F4)
Wait for priority date to become current per the Visa Bulletin. Then either I-485 (in U.S.) or NVC processing (abroad).