What the I-130 Form Does and Who Needs It

Form I-130, Petition for Alien Relative, is the document a U.S. citizen or permanent resident uses to sponsor a family member for immigration. The form tells U.S. Citizenship and Immigration Services (USCIS) who you are, who the family member is, and what your relationship is. USCIS uses this information to determine whether the family relationship qualifies under immigration law and whether you have the income to support them.

You file the I-130 before your family member can move forward with a visa process or adjustment of status (the process to become a permanent resident while already in the United States). The I-130 is the first step, not the final one. After USCIS approves it, your family member will move to the next stage, which depends on where they are and what visa category they fall into.

Different family relationships have different rules. Spouses of U.S. citizens, parents of U.S. citizens who are 21 or older, and children under 21 of U.S. citizens are in the fastest category. Siblings, adult children, and parents of permanent residents take longer because there are annual limits on how many people can immigrate in those categories.

Key Takeaways

  • You must be a U.S. citizen or permanent resident to file an I-130, and you must have a may have access to family relationship with the person you are sponsoring.
  • The form requires your information, your family member's information, proof of your relationship, and proof that you can support them financially.
  • You file the I-130 with USCIS before your family member can proceed with a visa or adjustment process.
  • Processing times vary from a few months to several years depending on the family relationship and your family member's country of origin.
  • You will also need to file Form I-864, Affidavit of Support, which shows you have enough income to prevent your family member from needing government information.

Gathering Documents Before You Start

Before you open the form, collect the documents you will need. Have your passport or permanent resident card, your birth certificate, and your marriage certificate (if applicable) ready. You will also need your family member's birth certificate, passport, and any divorce or death certificates if either of you was previously married.

Prepare proof of your relationship. For a spouse, this means your marriage certificate and documents showing you live together or have lived together—a joint lease, joint bank account statement, or utility bill in both names. For a child, bring the birth certificate listing both parents. For a parent, bring your birth certificate. For a sibling, bring both birth certificates showing the same parents.

Gather financial documents: your last two years of tax returns, your most recent pay stubs, and a letter from your employer stating your job title and salary. If your income is not high enough on its own, you may need a co-sponsor—someone else who is a U.S. citizen or permanent resident and willing to sign the I-864 with you. That person will need the same financial documents.

Get passport-style photos of your family member if they do not already have them. USCIS requires two identical color photos, 2 by 2 inches, taken within the last six months. Many drugstores and photo shops can take these for you.

Completing Part A: Your Information

Start with Part A, which asks about you—the petitioner. Write your full name exactly as it appears on your passport or permanent resident card. Include your middle name if you have one. Write your date of birth in the format shown (MM/DD/YYYY). Enter your country of birth, not your current country of residence.

Provide your current address, including apartment or unit number if you have one. Write your phone number and email address. Check the box that describes your status: U.S. citizen or permanent resident. If you are a U.S. citizen, you may be asked when you became a citizen—write the date you took the oath or received your certificate of naturalization.

If you are a permanent resident, write your Alien Number (also called A-Number), which appears on your green card. It is an eight or nine-digit number. If you do not have it in front of you, check your green card or any USCIS correspondence.

Completing Part B: Your Family Member's Information

Part B asks about the person you are sponsoring. Write their full name exactly as it appears on their passport. Include their middle name. Write their date of birth in MM/DD/YYYY format and their country of birth. Enter their current address, even if they live in another country.

Provide their passport number and country of passport. If they do not have a passport yet, write "None" and note that they will need one before they can proceed with a visa. Write their Alien Number if they have one (for example, if they have previously been in the United States or have applied for immigration benefits). If they do not have one, leave it blank.

Indicate their current immigration status. If they are outside the United States, write "Foreign national." If they are in the United States, write their status—for example, "F-1 student," "H-1B worker," or "undocumented." Be honest about their status; USCIS will verify it.

Completing Part C: Relationship Information

Part C asks you to describe your relationship to the person you are sponsoring. Check the box that matches your relationship: spouse, parent, child, sibling, or other. If you check "other," write what the relationship is.

If you are sponsoring a spouse, write the date and place of your marriage. If either of you was previously married, write the date that marriage ended (by death or divorce). If you are sponsoring a child, write whether they are a biological child, adopted child, or stepchild. If adopted, write the date of adoption and the country where it took place.

Answer the questions about whether your family member has ever been married, divorced, or widowed. Answer honestly. If your family member was previously married and is now divorced, write the date the divorce was finalized. These questions help USCIS verify that your family member is free to marry you (if applicable) or that the relationship you are claiming is genuine.

Completing Part D: Sponsorship and Support

Part D asks whether you will be the sole financial sponsor or whether someone else will co-sponsor. If you are the only sponsor, check "Yes." If you need a co-sponsor because your income is not high enough, check "No" and provide the co-sponsor's information on the form.

Write your annual household income. This is your total income from all sources for the past year—wages, self-employment income, rental income, Social Security, pensions, and any other money coming in. You will prove this with your tax returns, so be accurate. If you are self-employed, use the net income from your business (income minus business expenses).

Write the number of people in your household, including yourself and your family member. If you are sponsoring more than one person at the same time, count all of them. USCIS uses this number to determine the minimum income you need. The more people you are supporting, the higher your income must be.

Signing and Submitting the Form

Sign and date the form in the spaces provided. Use your full legal name, not a nickname or initials. Write the date in MM/DD/YYYY format. If you are filing by mail, sign the form in black or blue ink. If you are filing online through USCIS's portal, you may sign electronically.

Make copies of the completed form and all supporting documents before you submit. Keep one copy for your records. You will need copies if USCIS asks for more information or if you need to follow up on your case.

File the form with USCIS by mail or online, depending on which option USCIS currently accepts for your family relationship. Check the USCIS website for the current mailing address and filing fees. As of now, there is a filing fee for the I-130, though fee waivers are available if your household income is below a certain level. Include the fee or a completed fee waiver request with your submission.

After you submit, USCIS will send you a receipt notice with a case number. Keep this number. You can use it to check the status of your case on the USCIS website. Processing times vary widely—from a few months for when ready relatives of U.S. citizens to several years for other family categories.

Common Mistakes to Avoid

Do not leave sections blank. If a question does not explore to you, write "N/A" rather than leaving the space empty. USCIS may reject incomplete forms and send them back, which delays your case.

Do not write in cursive if the form asks for print. Use capital letters or regular printed text. Forms that are hard to read may be rejected or cause delays.

Do not submit original documents. Send copies only, except for birth certificates and marriage certificates, which USCIS may ask you to submit as originals. If you send originals, you will not have them for your family member's later visa or adjustment process.

Do not underestimate your income or hide income sources. USCIS will verify your income with tax returns and may contact your employer. If your income does not match what you wrote on the form, your petition may be denied.

Do not file the I-130 if you do not have a genuine family relationship. USCIS investigates fraud, and submitting false information can result in criminal charges and permanent bars to immigration for both you and your family member.

Frequently Asked Questions

Can I file an I-130 if I am a permanent resident instead of a U.S. citizen?

Yes, but only for certain family members. Permanent residents can sponsor spouses and unmarried children. U.S. citizens can sponsor a wider range of relatives, including parents, siblings, and married children. Processing times are also much longer for permanent residents because there are annual caps on how many people can immigrate in those categories.

What happens after USCIS approves my I-130?

Your family member moves to the next step, which depends on where they are. If they are outside the United States, they will explore for an immigrant visa at a U.S. embassy or consulate. If they are already in the United States, they may be able to adjust status without leaving the country. Either way, they will need to pass a medical exam and background check before they can become a permanent resident.

Do I need a lawyer to fill out the I-130?

No, you can fill it out yourself. The form has instructions, and the questions are straightforward if you have your documents organized. However, if your situation is complicated—for example, if you have a criminal history, previous immigration violations, or questions about whether your relationship qualifies—talking to an immigration attorney may help you avoid mistakes that could delay or deny your petition.

How long does it take USCIS to make a decision on the I-130?

Processing times vary by family relationship and by USCIS office. when ready relatives of U.S. citizens (spouses, parents, and unmarried children under 21) typically see decisions within a few months to a year. Other family categories can take several years because there are annual limits on how many people can immigrate. Check the USCIS website for current processing times for your specific category and office.

What if my income is not high enough to sponsor my family member?

You can find a co-sponsor—another U.S. citizen or permanent resident who is willing to sign the I-864 Affidavit of Support with you. The co-sponsor's income will be added to yours to meet the requirement. The co-sponsor does not have to be related to you or your family member. They are legally responsible for supporting your family member if they cannot support themselves, so choose someone who understands this commitment.