Prepare I-130 – Petition for Alien Relative

Who this page is for

This page is for U.S. citizens and lawful permanent residents who want a structured way to prepare the information needed for Form I-130, Petition for Alien Relative. It is intended for people gathering details about qualifying family relationships so they can copy those details into the official USCIS form. The guide is also useful for anyone who wants to review the main topics covered on Form I-130 in a browser-friendly layout before printing, signing, and assembling a filing package for USCIS.

What is Form I-130?

Form I-130, Petition for Alien Relative, is a U.S. Citizenship and Immigration Services (USCIS) form used to request recognition of a qualifying family relationship for immigration purposes. A U.S. citizen or lawful permanent resident (the petitioner) files the form to identify a relative (the beneficiary) who may qualify to immigrate to the United States. Approval of Form I-130 generally confirms that the family relationship exists but does not, by itself, grant a visa, green card, or lawful status.

Used by U.S. citizens and lawful permanent residents to petition for certain qualifying relatives to become lawful permanent residents (get a green card).

USCIS uses Form I-130 to separate family-based immigration into categories such as immediate relatives and family preference categories. These categories affect how visas are allocated, whether a visa number is immediately available, and what steps come next in the process. The form asks for detailed information about the petitioner, the beneficiary, and the nature of the relationship so USCIS can determine whether the petition meets the basic requirements.

On this page you prepare for the official USCIS Form I-130 (Edition 04/01/24) by understanding what it covers and where to find the most recent instructions. You can then download the official PDF, review it carefully, sign where required, and follow USCIS directions for filing the petition and supporting evidence.

Example situations where someone may use Form I-130

Form I-130 is commonly used in a variety of family immigration situations. Examples include:

• A U.S. citizen filing for a spouse so the spouse can pursue permanent residence through an immigrant visa or, if eligible, adjustment of status in the United States.
• A U.S. citizen filing for an unmarried child under 21 years of age who lives abroad and will apply for an immigrant visa at a U.S. consulate.
• A lawful permanent resident filing for a spouse or unmarried child in a family preference category, where visa availability may depend on the visa bulletin.
• A U.S. citizen age 21 or older filing for a parent so the parent can pursue an immigrant visa or adjustment of status as an immediate relative.
• A U.S. citizen age 21 or older filing for a brother or sister in a family preference category, recognizing that wait times may be long depending on the country of chargeability.

These examples are illustrations of how Form I-130 is often used based on general USCIS guidance. They are not a substitute for legal advice or for the official USCIS instructions that explain who is eligible to file and when a petition may be appropriate.

How to fill Form I-130

The official USCIS instructions for Form I-130 explain the exact structure of the form and how each part should be completed. While this page does not display the full petition line-by-line, the outline below shows the kinds of sections you typically see on the current edition. You can use this overview to organize your information before you start filling out the official USCIS PDF or online form.

1. Information about the relationship. Form I-130 begins by asking how you are related to the person you are petitioning for, such as spouse, child, parent, or sibling. USCIS uses this information to place the case in the correct category and to apply the right eligibility rules.
2. Information about you (the petitioner). The form then collects details about the petitioner, including full name, contact information, date and place of birth, immigration status, and other biographic data. You may also see questions about previous immigration filings or prior petitions.
3. Information about the beneficiary. USCIS asks for the relative's name, date and place of birth, marital status, prior names, and current address. There may also be questions about the beneficiary's history in the United States, including arrivals, departures, and immigration status, if applicable.
4. Marital and family history. For some relationships, especially spousal petitions, the form includes questions about previous marriages, divorces, and related dates. These questions help USCIS understand the history of the relationship and verify that the claimed relationship is valid under immigration law.
5. Additional information and signature. Like many USCIS forms, Form I-130 includes a section where you certify that the information you provided is true and correct, followed by your signature and the date. There may also be sections for interpreters, preparers, or representatives if someone helps you complete the petition.

After you review the USCIS instructions and gather your information, download the official Form I-130, fill it out according to the instructions, sign where required, assemble your supporting evidence, and follow USCIS guidance on how and where to file your petition.

Common mistakes on Form I-130

• Not clearly indicating the relationship category or misclassifying the relationship compared to the USCIS instructions.
• Leaving sections incomplete or skipping questions that appear optional but are required for your category, leading to Requests for Evidence (RFEs).
• Forgetting to sign the petition in all required places, which can result in a rejection or delay.
• Providing inconsistent dates, addresses, or marital history information between the petitioner and beneficiary, making the relationship harder for USCIS to review.
• Not including sufficient evidence of the qualifying relationship, such as missing marriage certificates, birth certificates, or proof of a bona fide marriage when required.
• Using an outdated edition of Form I-130 when USCIS requires the current version listed on its website.
• Sending the petition to the wrong USCIS address or forgetting to include the proper filing fee or fee waiver request as described by USCIS.
• Not keeping a personal copy of the entire filing package, including the signed petition, before mailing or uploading it to USCIS.

When Form I-130 is usually not used

Form I-130 is specific to certain family-based immigration categories. Other forms are generally used in different situations, for example:

• Employment-based immigration cases, which typically rely on forms such as Form I-140 or employer-related petitions instead of Form I-130.
• Certain fiancé(e) visa cases that use Form I-129F rather than Form I-130 under USCIS and Department of State procedures.
• Nonimmigrant visas for temporary visits, work, or study, where separate forms and classifications are used instead of a family-based immigrant petition.
• Situations involving self-petitioning under specific laws, such as some VAWA or widow(er) categories, where different USCIS forms and rules apply.
• Cases where no qualifying family relationship exists under U.S. immigration law, meaning a family-based petition like Form I-130 is not available for that scenario.

These are broad examples based on how USCIS organizes immigration benefits. They do not replace the official USCIS instructions or legal advice about whether Form I-130 is appropriate for your situation.

Where to find the official USCIS instructions for Form I-130

USCIS publishes the official instructions for Form I-130 on its website along with the most current edition of the petition. Those instructions explain eligibility categories, required evidence, filing addresses, fees, and next steps after filing. You can read them on the official USCIS Form I-130 page. This page is only a helper for organizing information and understanding the form and does not replace the official USCIS instructions or guidance from a qualified representative.

Before you sign and file Form I-130, it is a good idea to compare your completed petition with the USCIS instructions to confirm that you are using the correct edition, have included all required pages, and understand what additional forms or steps may be needed in your type of case.

Where to get a blank or replacement Form I-130

If you need a blank petition, you can download the current official Form I-130 PDF directly from USCIS. This page points you to that official PDF so you can print, sign, and include it in a filing package that meets USCIS requirements. USCIS may also provide online filing options for certain I-130 cases, which are explained on the official form page.

If you realize that you made an error after preparing or filing a petition, USCIS instructions and notices explain how corrections or updates may be handled. Keeping a copy of your final signed I-130 and supporting documents can make it easier to understand what USCIS has on file and to prepare any future filings or responses.

Glossary of key terms on Form I-130

Petitioner

The petitioner is the U.S. citizen or lawful permanent resident who files Form I-130 with USCIS on behalf of a qualifying family member. The petitioner provides evidence of their own status and of the family relationship they are asking USCIS to recognize.

Beneficiary

The beneficiary is the relative named on Form I-130 who may be eligible to immigrate to the United States if the petition is approved and all other requirements are met. The beneficiary may be a spouse, child, parent, or sibling, depending on the petitioner’s status and age.

Immediate relative

In U.S. immigration law, immediate relative generally refers to the spouse of a U.S. citizen, unmarried child under 21 of a U.S. citizen, or parent of a U.S. citizen age 21 or older. Immediate relative categories often have different visa availability rules compared to family preference categories, which can affect processing steps after Form I-130 is approved.

Family preference category

Family preference categories are groups of family-based immigrant visas that are subject to numerical limits each year. Examples include certain relatives of U.S. citizens and lawful permanent residents who are not classified as immediate relatives. Visa availability for these categories is tracked in the Department of State visa bulletin.

Priority date

The priority date is usually the date USCIS receives a properly filed immigrant petition such as Form I-130. In many family preference cases, the priority date determines when a visa number may become available for the beneficiary, as reflected in the visa bulletin published by the Department of State.

Security best practices when sharing information from Form I-130

Form I-130 contains detailed personal and family information, including addresses, dates of birth, and immigration history. Because of this, it is sensible to treat the petition and any supporting evidence as sensitive documents. The following general practices may be helpful when you handle draft or final versions of your petition.

• Store digital copies of your petition and evidence in locations you control, such as secure folders or password-protected storage services.
• Avoid sharing your full petition or supporting documents by public links or unsecured email when a more private method is available.
• Keep track of which copies you send to any representative or helper so you know who has access to sensitive details.
• Confirm that you are using official USCIS addresses and online portals before entering payment information or uploading documents related to your I-130 petition.

These are general security considerations. Always follow the specific directions you receive from USCIS, the Department of State, or any authorized representative assisting with your case.

Common questions people also ask about Form I-130

• Is Form I-130 the same as a green card application? No. Form I-130 is usually the first step for many family-based cases and focuses on proving the qualifying relationship. The actual green card process typically involves an immigrant visa application or an adjustment of status application after the I-130 is approved and a visa is available.
• Can I file Form I-130 and Form I-485 together? In some situations, a U.S. citizen and an eligible relative in the United States may be able to file Form I-130 and Form I-485 at the same time, a process sometimes referred to as concurrent filing. USCIS explains when concurrent filing is allowed and what conditions must be met.
• Do I need a lawyer to file Form I-130? USCIS does not require you to work with a lawyer, but many people choose to consult an immigration attorney or accredited representative because family-based immigration rules can be complex. This page is only an informational helper and is not a substitute for individualized legal advice.

FAQ about Form I-130

Important disclaimer

This site is not a law firm and is not affiliated with USCIS or any government agency. It provides a private, third-party resource to help you understand and prepare for the official Form I-130, Petition for Alien Relative. The information on this page is general and does not replace the official USCIS instructions or professional legal advice. Always review your completed form and follow the directions from USCIS, the Department of State, and any qualified representative assisting with your case.