What Form I-130 Does and Who Needs It

Form I-130, officially the Petition for Alien Relative, is the document a U.S. citizen or permanent resident files to sponsor a family member for immigration. USCIS (U.S. Citizenship and Immigration Services) uses this form to verify that the relationship is real, that the petitioner has the income to support the relative, and that the relative is not barred from entering the country. Without an approved I-130, your relative cannot move forward in the visa process.

You file this form if you are a U.S. citizen sponsoring a spouse, parent, sibling, or child, or if you are a permanent resident sponsoring a spouse or unmarried child. The form itself does not grant a visa—it is the first step that opens the door to visa processing. After USCIS approves your I-130, your relative will move into visa processing through the National Visa Center (NVC) or, in some cases, directly to a consulate abroad.

Key Takeaways

  • Form I-130 requires your personal information, your relative's information, and proof of your relationship and financial ability to support them.
  • You must include original or certified copies of documents like birth certificates, marriage certificates, and divorce decrees—photocopies alone are not accepted.
  • The form asks you to declare your income and may require you to file Form I-864 (Affidavit of Support) to prove you meet the income threshold for your household size.
  • Processing time varies by relationship type and visa category, ranging from several months to several years depending on visa availability.
  • You file the I-130 with USCIS, not with a consulate or the National Visa Center, and you must pay the filing fee unless you meet the criteria for a fee waiver.

Gathering Documents Before You Start

USCIS requires original documents or certified copies—not photocopies—for most evidence. Gather these before you open the form: your birth certificate, your relative's birth certificate, your marriage certificate (if applicable), any divorce decrees or death certificates for previous spouses, and your relative's passport or travel document. If your relative is already in the United States, include their I-94 arrival record or other proof of entry.

You will also need proof of your relationship. For a spouse, this is the marriage certificate. For a parent, your birth certificate showing their name. For a sibling, both your birth certificates showing the same parents. For a child, your birth certificate or their birth certificate showing you as the parent. If any document is in a language other than English, you must include a certified English translation along with the original.

Prepare financial documents as well: 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 alone does not meet the poverty guideline for your household size, you will need a co-sponsor (usually a family member or employer) to file Form I-864 with you, and you will need their financial documents too.

Filling Out Part A: Petitioner Information

Part A asks for your name, date of birth, address, and immigration status. Write your name exactly as it appears on your birth certificate or naturalization certificate. If you are a U.S. citizen, check the box for "U.S. Citizen." If you are a permanent resident, check "Permanent Resident" and provide your Alien Number (the number on your green card).

List your current address and phone number. If you have lived at your current address for less than two years, you must also list your previous address. The form asks whether you have ever been arrested, convicted, or deported—answer honestly. Any false statement on an I-130 can result in denial and potential fraud charges.

Filling Out Part B: Beneficiary Information

Part B is for your relative—the person you are sponsoring. Write their name exactly as it appears on their birth certificate or passport. Provide their date of birth, country of birth, and current address. If they are outside the United States, use their foreign address. If they are in the U.S., use their U.S. address.

The form asks for their immigration status. If they are already in the U.S., indicate whether they are on a visa, in the country without status, or have another status. If they are abroad, select "Not in the United States." Provide their passport number and country of passport. If they have an Alien Number (from a previous visa or green card process), include it. Answer the questions about arrests, convictions, and deportations truthfully.

Filling Out Part C: Relationship Information

Part C asks you to describe your relationship to the beneficiary. Select the box that matches your relationship: spouse, parent, sibling, child, or other. The form then asks when and where you were born, when and where your relative was born, and when and where your relationship began (marriage date, adoption date, or the date of birth for parent-child or sibling relationships).

If you are petitioning for a spouse, the form asks whether this is your first marriage, second marriage, or more. It also asks the same for your spouse. Answer accurately. If either of you has been married before, you must include divorce decrees or death certificates for all previous spouses. The form uses this information to verify that your current marriage is valid and that neither of you is still married to someone else.

Filling Out Part D: Beneficiary's Residence and Immigration History

Part D asks where your relative has lived for the past five years, in order from most recent to oldest. List each address, the dates they lived there, and the country. If they have moved frequently, list the five most recent addresses. The form also asks about their immigration history: whether they have ever been to the United States, when they arrived, what visa they had, and when they left.

If your relative has overstayed a visa, been deported, or entered without inspection, you must disclose this. Hiding immigration violations will cause the I-130 to be denied and may bar your relative from ever obtaining a visa. USCIS will discover the truth during background checks, so honesty is essential.

Proving Income and Filing Form I-864

USCIS requires the petitioner to prove they can support the beneficiary without the beneficiary becoming a "public charge"—meaning dependent on government information. The income threshold depends on your household size and the current year's poverty guideline, which USCIS publishes annually. For 2024, a single petitioner sponsoring one person must show income of roughly $23,000 to $25,000, but this amount changes yearly and varies by state.

If your income meets the threshold, you file Form I-864 (Affidavit of Support) with your I-130 and include your tax returns and pay stubs as proof. If your income falls short, you need a co-sponsor—usually a family member or, in rare cases, an employer—who files a separate I-864 with their own financial documents. A co-sponsor is legally liable for the beneficiary's support for ten years or until the beneficiary becomes a U.S. citizen, whichever comes first.

Submitting Your Petition and What Happens Next

Mail your completed I-130, all supporting documents, the filing fee (currently $435 for most petitioners, though some are exempt), and a copy of your receipt notice to the USCIS address listed in the form instructions. Do not staple documents; use a paper clip or binder clip. Make copies of everything for your records before you mail it.

USCIS will send you a receipt notice (Form I-797) within two to three weeks, confirming they received your petition. This receipt includes a case number you can use to track your process online at the USCIS website. Processing time varies: spousal petitions typically take four to six months, parent petitions take six to twelve months, and sibling petitions can take several years because visa numbers are limited for that category. Once USCIS approves your I-130, your relative will receive a notice and move into the next phase—visa processing through the National Visa Center or a U.S. consulate.

Frequently Asked Questions

Can I file Form I-130 if my relative is in the United States without status?

Yes, you can file the I-130 even if your relative is in the U.S. illegally. However, if they entered without inspection (crossed the border without going through a port of entry), they will likely have to return to their home country for visa processing, and they may face a ten-year bar before they can return. Consult an immigration attorney before filing if your relative entered without inspection.

What if I cannot afford the filing fee?

You can request a fee waiver by filing Form I-912 along with your I-130. USCIS grants waivers if your household income is at or below 200 percent of the federal poverty line. Include proof of your income, such as tax returns or pay stubs, with your waiver request.

How long does it take USCIS to approve an I-130?

Processing time depends on the relationship and visa category. when ready relatives of U.S. citizens (spouses, parents, unmarried children under 21) typically see approval within four to six months. Other family categories take longer—siblings can take five to ten years or more because visa numbers are limited. Check the USCIS website for current processing times for your specific category and local office.

Do I need an attorney to file Form I-130?

You are not required to hire an attorney, but immigration law is complex and mistakes can delay or deny your petition. If your case involves complications—previous immigration violations, multiple marriages, or a co-sponsor—an attorney can help you avoid costly errors. Many immigration nonprofits offer low-cost or free consultations.

What happens if USCIS denies my I-130?

USCIS will send you a notice explaining the reason for denial. Common reasons include insufficient proof of relationship, failure to meet income requirements, or immigration violations. You can request that USCIS reconsider the decision, or you can file a new petition if the issue can be corrected. An immigration attorney can review the denial notice and advise you on your options.