What is Form I-130 used for?

Form I-130 is how a US citizen or lawful permanent resident (LPR) proves to USCIS that they have a qualifying family relationship with someone who wants to immigrate to the United States. It's the mandatory first step for most family-based green card cases.

The person filing the I-130 is called the "petitioner" or sponsor—the US citizen or LPR initiating the process. The foreign relative seeking a green card is called the "beneficiary."

An approved I-130 doesn't grant a visa or green card. What it does is establish eligibility and create a place in line. Once USCIS approves the petition, the beneficiary moves to the next phase: applying for a green card either from inside the US (adjustment of status) or through a US consulate abroad (consular processing).

Who can file Form I-130?

US immigration law divides family sponsorship into 2 tracks: "immediate relatives" and "family preference categories." The track determines how long your relative waits for a visa—sometimes months, sometimes decades.

Immediate relatives of US citizens

"Immediate relative" visas are not capped—no waiting list, no annual quota. A US citizen can sponsor:

Family preference categories

Under 8 USC §1153, only 226,000 family preference visas are issued per year. High-demand countries—Mexico, Philippines, India, China—face the longest backlogs.

US citizens can also file for:

LPRs (green card holders) can file for:

LPRs cannot sponsor parents or siblings.

Who can't file Form I-130

A family relationship alone doesn't guarantee eligibility. You cannot file for grandparents, grandchildren, aunts, uncles, nieces, nephews, or cousins; an adopted child adopted after their 16th birthday; a stepparent or stepchild if the marriage creating the step-relationship happened after the child turned 18; a spouse married by proxy, unless the marriage has since been consummated; or any relative USCIS has determined previously attempted marriage fraud.

Survivors of battery or extreme cruelty by a qualifying family member may self-petition under Form I-360 (a "VAWA petition") rather than I-130. Widows and widowers of US citizens may also use Form I-360, as long as they file within 2 years of the death.

If your relationship doesn't qualify under I-130, Marble's immigration eligibility calculator can help you identify what other options may apply.

What documents do you need for Form I-130?

When you submit Form I-130, you're asking USCIS to verify 2 things: that you're eligible to petition, and that your relationship is genuine and legally qualifying.

Documents required for all petitions

To prove your status as a US citizen or LPR, include a copy of one of the following: birth certificate, naturalization certificate, unexpired US passport, or front and back of your permanent resident card. You'll also need the beneficiary's birth certificate. If it doesn't exist, USCIS accepts secondary evidence—religious records created within 2 months of birth, school records listing parents' names, census records, or 2 or more signed statements from people with personal knowledge of the birth.

Additional documents for marriage-based petitions

When petitioning for a spouse, also include: your marriage certificate, proof any prior marriages ended (divorce decree or death certificate), 2 identical passport-style photos of you and your spouse, and completed Form I-130A. You'll also need to show your marriage is a "bona fide marriage"—entered in good faith, not for immigration purposes. Joint finances, shared property, cohabitation, or children in common all support this. USCIS treats marriage fraud seriously: a finding of fraud can result in criminal prosecution and a permanent visa bar for the beneficiary.

What information you'll need about your relative—before you start

Here's where many petitioners get caught off guard. Form I-130 asks for extensive details about the beneficiary—not just their name and birthdate.

You'll typically need to provide:

A form submitted with blanks or inconsistencies is one of the most common triggers for a Request for Evidence (RFE).

If you're filing for someone from a country where names are written in a non-Latin alphabet, you'll also need their name in native script—an easy field to overlook.

How much does Form I-130 cost?

The filing fee for Form I-130 is $675, effective April 1, 2024. This replaced the previous $535 fee. USCIS fees are non-refundable regardless of outcome.

Always confirm the current fee before filing. If you're sponsoring multiple family members, you'll file and pay separately for each. Fee waivers are available in limited circumstances for financial hardship.

After I-130 approval, if your relative goes through consular processing, additional NVC fees apply: $325 for the immigrant visa application and $120 for the affidavit of support, paid at that stage.

How long does Form I-130 processing take?

Immediate relatives of US citizens move through fastest—no visa quota, so once USCIS approves the I-130, the process moves forward without waiting for a visa number.

Family preference categories can face backlogs of years or decades, particularly for nationals of high-demand countries. The State Department Visa Bulletin is updated monthly and shows current wait times by category and country of birth.

Approximate I-130 processing times (2026)

Estimates below are based on USCIS published processing times. Actual times vary by service center and current caseload.

To prove you entered your relationship in good faith, you must submit at least one of the following:

Once USCIS receives your petition, they'll send Form I-797, Notice of Action. Keep it. It contains your "receipt number" (case tracking ID) and your "priority date" (the date USCIS received your petition, which determines your place in the processing queue). Use your receipt number on the USCIS Case Status Online tool to track your application.

Where do I file Form I-130?

You can file online or by mail. Online filing requires a USCIS account and lets you receive case alerts, upload documents, and track correspondence in one place.

For mail filings, the correct address depends on which state you live in and whether you're also submitting Form I-485. USCIS routes paper filings to lockbox facilities in Dallas, Chicago, or Phoenix depending on your state. Check the USCIS filing addresses page before mailing—addresses change, and sending to the wrong location delays processing.

Can you file Form I-130 and Form I-485 at the same time?

Yes—but only for immediate relatives of US citizens who entered the US lawfully. If the beneficiary is already in the US, qualifies as an immediate relative, and entered the US lawfully (meaning through an official port of entry, not without inspection), you can file Form I-130 and Form I-485, Application to Register Permanent Residence, concurrently—submitting both at once rather than waiting for I-130 approval first. This can meaningfully shorten the overall timeline. Beneficiaries who entered without inspection are generally not eligible to adjust status inside the US and would need to pursue consular processing instead.

For family preference categories, concurrent filing isn't possible until a visa number becomes available.

What happens after your I-130 is approved?

An approved I-130 starts the next phase, not the finish line. What happens next depends on where your relative lives.

If your relative is abroad: consular processing

USCIS forwards the petition to the National Visa Center (NVC), which holds it until a visa number is available. For immediate relatives of US citizens, that's immediate. For family preference categories, it means waiting until the Visa Bulletin shows your priority date is "current."

Once a visa is available:

If your relative is in the US: adjustment of status

When the beneficiary is already in the US and a visa is available, they file Form I-485 to "adjust status"—switching from their current status to permanent resident. Immediate relatives of US citizens can file I-485 concurrently with I-130 without waiting.

What if USCIS sends a Request for Evidence?

A "Request for Evidence" (RFE) means USCIS needs more information before it can decide. You must respond to every item by the deadline USCIS provides. A partial response or missed deadline can result in denial. RFEs are most common when the form is submitted with incomplete beneficiary details, inconsistent information, or insufficient evidence of a bona fide marriage.

How an immigration attorney can help

You're not required to have an attorney to file Form I-130. Straightforward cases—a US citizen sponsoring a spouse or child with clean immigration histories—are often filed successfully without one.

An attorney becomes more valuable when complications arise: prior immigration violations, prior marriages, children approaching age 21, or situations where gathering the beneficiary's documentation is itself complex. Specifically, an immigration attorney can review your eligibility before you file, identify the documentation your situation actually requires, and draft a complete RFE response if USCIS asks for more information.

Marble's immigration team works with clients virtually and charges fixed pricing per service—no hourly billing, no surprise fees.

Final Thoughts

Form I-130 is the first and most important step in sponsoring a family member's path to a US green card. Understanding who qualifies, what the form requires, and what timeline to expect puts you in a much stronger position to file correctly—and to move efficiently through the process that follows. For many families, this process takes years. Starting with an accurate, complete petition is the best thing you can do to protect that timeline.

FAQs

Disclaimer: This article is for general informational purposes only and isn't legal advice. Immigration laws and USCIS fees change over time, and how they apply depends on your specific situation. For guidance about your own case, consult a licensed immigration attorney.