Form I-130 Guide: Petition for Alien Relative (Family Green Card)
Form I-130 is usually the first step in a family-based green card case.
The I-130 does not “give the green card” by itself. It asks USCIS to recognize a real family relationship
between the U.S. petitioner and the relative.
Quick tip: Your next steps depend on (1) who you are petitioning for, (2) where they are located,
and (3) whether the case is subject to the Visa Bulletin.
Marriage-based filing? Start here:
Marriage Green Card Guide.
Official I-130 page:
USCIS: Form I-130
Who can file an I-130?
In most cases, the petitioner is a U.S. citizen or a lawful permanent resident (green card holder).
The petitioner files Form I-130 to prove the relationship to the relative.
Start with category:
- If the petitioner is a U.S. citizen, the relative may be an immediate relative or in a preference category.
- If the petitioner is a green card holder, the relative is usually in the F2A or F2B category (depending on age and marital status).
Who can be sponsored?
The exact list depends on whether the petitioner is a U.S. citizen or a green card holder.
Here is a plain-English overview:
| Petitioner | Common relatives who may qualify |
|---|---|
| U.S. citizen | Spouse; unmarried child under 21; parent (petitioner generally 21+); unmarried son/daughter 21+; married son/daughter; brother/sister (petitioner generally 21+). |
| Green card holder | Spouse; unmarried child under 21; unmarried son/daughter 21+.
These are usually F2A or F2B:
See F2A vs F2B |
If age or marriage status is changing soon, plan early.
What the I-130 does (and does not do)
What it does
- Asks USCIS to recognize a qualifying family relationship.
- Creates a case record that can be used for later green card steps.
- For preference categories, it often sets the priority date (your place in line).
What it does not do
- It does not automatically grant a green card.
- It does not automatically give work authorization.
- It does not decide whether you will do AOS or consular processing.
Next-step planning:
Consular vs AOS •
Visa Bulletin
What you usually file with an I-130
The basic I-130 package usually includes:
- Completed Form I-130.
- Proof the petitioner is a U.S. citizen or green card holder.
- Proof of the relationship (birth certificate, marriage certificate, etc.).
- Required identity documents and any name change documents.
- Translations for documents not in English (when required).
Build your file:
Document Checklist
Spouse cases:
Spouse petitions often require more relationship evidence. See:
Evidence checklist (simple)
For most I-130 cases
- Status proof: U.S. passport, naturalization certificate, or green card (as applicable).
- Relationship proof: marriage certificate or birth certificate (as applicable).
- Proof of any prior marriages ending (divorce decrees, death certificates), if applicable.
- Name changes (court orders, marriage certificates), if applicable.
- Translations for non-English documents (when required).
For spouse I-130s (extra focus)
- Proof you share a real life together (examples: shared lease, joint bank, insurance, photos, messages).
- A clear timeline of the relationship.
- Consistent addresses and dates across all forms and documents.
Fees and where to file (avoid rejections)
USCIS fees and filing locations can change. The safest approach is to confirm the current fee and the current filing address
right before you submit.
Before you file
- Check the current USCIS fee information.
- Confirm whether you are filing online or by mail (requirements can differ).
- Use the official filing address page to avoid sending to the wrong place.
Official resources:
USCIS: Filing Fees •
USCIS: Fee Calculator •
USCIS: Where to File (I-130 addresses) •
USCIS: File Online
What happens after I-130 approval?
After USCIS approves the I-130, the next stage depends on where your relative is and which process applies:
If your relative is outside the U.S.
- The case usually moves to the National Visa Center (NVC).
- You submit fees, forms, and documents, then the consulate schedules an interview.
Learn more:
Consular Processing Guide •
Consular vs AOS
If your relative is inside the U.S. (and eligible)
- They may be able to apply for the green card through adjustment of status (AOS).
- Timing may depend on the Visa Bulletin for preference categories.
Learn more:
Family-Based AOS Guide •
Visa Bulletin Guide
Affidavit of Support is common next-stage work:
Many family cases require Form I-864 (financial sponsorship).
Common mistakes that cause delays
- Wrong category (age or marital status changes the category).
- Missing documents (civil records, divorce decrees, name changes).
- Inconsistent information (dates, addresses, names across forms and evidence).
- Weak relationship proof (especially spouse cases).
- Wrong fee or wrong filing address (can lead to rejection).
Helpful supporting pages:
When to get legal help
Many I-130 cases are manageable, but a small issue can cause months of delay. Consider help if:
- Your category is not obvious (age 21 issues, marriage issues, complex family relationships).
- You want a strong spouse evidence plan (to reduce RFE risk).
- You are unsure whether AOS is allowed or consular processing is safer.
- You have prior denials or other complications.
Want us to review your I-130 strategy before filing?
We can confirm the correct category, build a clean evidence plan, and map your next step (consular or AOS).
FAQ
Does an approved I-130 mean the person has a green card?
No. It usually means USCIS recognized the relationship. The applicant still must complete the green card stage (AOS or consular processing).
Do I need the Visa Bulletin after filing I-130?
If your case is in a preference category (F1–F4 or most employment-based categories), timing often depends on priority dates and the Visa Bulletin.
See our guide:
Visa Bulletin.
Where do I check the current fee and filing address?
Use USCIS official pages:
Filing Fees,
Fee Calculator,
and
I-130 Filing Addresses.
Can I file Form I-130 online?
USCIS offers online filing for certain forms and provides official guidance here:
USCIS: File Online.
Related pages:
Immediate Relatives •
Preference Categories •
Consular vs AOS •
I-864
General information only. Not legal advice.