The I-130 Process: Filing for a Family-Based Green Card

The U.S. provides valuable opportunities for individuals and families seeking security and growth. One of the benefits of having citizenship or lawful permanent residence is the ability to sponsor foreign relatives to live permanently and get a Permanent Resident Card through family-based green card processing. The I-130 form, officially known as the Petition for Alien Relative, must be submitted by a U.S. citizen or lawful permanent resident who wishes to help their “eligible relatives” migrate to the United States.

In this guide, we’ll help you to file your I-130, understand the different sections, and provide information on eligibility, processing times, and next steps.

What is Form I-130?

Form I-130 (Petition for Alien Relative) establishes a valid relationship between the petitioner and the beneficiary. It is the very first step in the family-based green card process, allowing eligible relatives to apply for lawful permanent residence in the United States.

In this case, the petitioner is a:

• U.S. citizen, or
• lawful permanent resident

Who files on behalf of a beneficiary, which is:

• A foreign relative, such as a spouse, sibling, parent, or child.

If you can prove your family relationship to the United States Citizenship and Immigration Services (USCIS), the I-130 will likely be approved.

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However, the filing or approval of the I-130 does not mean that the relative has been granted the privilege to live in the United States.

Approval only implies that a valid family relationship truly exists between both parties, an important confirmation that takes the beneficiary one step closer to becoming a green card holder.

Who is Eligible to File an I-130?

A U.S. citizen or lawful permanent resident, also known as a green card holder, can file an I-130 to sponsor certain relatives so they can obtain a green card.

Here’s who each can sponsor:

U.S. Citizens

U.S. Citizens can sponsor immediate relatives and “other relatives” under family-sponsored preference categories (ie, F1, F3, F4)

• Spouse
• Unmarried children under 21 years old
• Parents (if the sponsoring citizen is at least 21 years old)
• First preference (F1) – unmarried sons and daughters (21 years of age and older)
• Third preference (F3) – married sons and daughters
• Fourth preference (F4) – brothers and sisters (if the U.S. citizen is 21 years of age and older).

Lawful permanent residents (LPRs)

Lawful permanent residents (LPRs) can only sponsor relatives under the family-sponsored preference categories:

• Second preference (F2A) – spouse and unmarried children (spouse and minor children)
• Second Preference (F2B) – unmarried sons and daughters over 21

How to File Your Form I-130

The steps below breakdown the Form I-130 process:

Step 1. Download Form I-130

Complete all sections of the form properly and add the required signatures. Information includes:

• Information about you (the petitioner)
• Information about the beneficiary (your relative)
• Your relationship with the beneficiary

Step 2. Gather Supporting Documents and Evidence, including:

• Supported documents are listed in the General Requirements section.
• Marriage certificate, evidence of bona fide marriage (e.g., joint bills, photos together, joint bank accounts). More listed below
• Passport-style photos of both petitioner and beneficiary (if required)

Acceptable forms of documentation to prove that you are a U.S. citizen include:

• Copy of your birth certificate – If born in the U.S.
• Copy of your naturalization certificate – If you became a citizen through naturalization
• Copy of Form FS-240 – If you were born abroad to U.S. citizen parents
• Unexpired U.S. passport or original statement from a U.S. consulate officer – As proof of valid U.S. citizenship

 Step 3 Submit Your Form

• Online: Through your USCIS account
• By Mail: Send to the appropriate USCIS Lockbox based on your state (check the USCIS website for the latest address)

Step 4: Pay the Filing Fee

• The filing fee for Form I-130 is $675
• Pay by credit card (Form G-1450), check, or money order made out to the “U.S. Department of Homeland Security.”

Step 5: Track Your Case Status

• After filing, USCIS will send you a Receipt Notice (Form I-797).
• Track your case status online using the receipt number
• If the I-130 is for a family member under one of the family-sponsored preference categories, you need to check the visa bulletin to see when a visa number becomes available.
  • Check the “Final Action Dates” section of the Visa Bulletin.
  • Find the relevant preference category and country.
  • If the date listed is on or after your I-130 priority date (the date USCIS received your petition), your visa is current, and you can proceed with the next steps (like adjustment of status or consular processing).

Step 6: Next Steps After Approval

• If your relative lives inside the U.S., they may file for an Adjustment of Status (Form I-485). This can also be done concurrently with I-130, but only for immediate relatives of U.S. Citizens.
• If your relative lives outside the U.S., they will go through NVC consular processing at a U.S. embassy or consulate.

How to Fill Out Form I-130

Form I-130 has nine different parts with several questions that mainly cover information about the petitioner and the beneficiary.

The following instructions for each category:

• Part 1: The questions in this part require the petitioner to provide information about the type of family relationship they have with the beneficiary.
• Part 2: This section requires information about the petitioner. This includes personal details as well as proof of immigration status or a Social Security Number.
• Part 3: This section requires the petitioner’s biographic information.
  • Questions here include petitioner’s race, height, weight, as well as eye and hair color
• Part 4: This part requires the petitioner to answer many questions that give detailed information about the beneficiary.
• Part 5: This part covers other information about both the petitioner and the beneficiary. It also describes the penalties for giving false information or submitting falsified documents.
• Part 6: Here, the petitioner is required to confirm that they fully understand the purpose of the application and append their signature.
• Part 7: The interpreter must fill out and sign this form if they were used to complete it.
• Part 8: If someone else completed the I-130 on behalf of the petitioner, that person will need to give their information and signature here.
• Part 9: This part is for additional information in case there wasn’t enough space for any necessary information in the above sections.

All fields in Form I-130 should be completed in type or blank ink.

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I-130 Documents Checklist

As a petitioner, you must submit supporting documents with the I-130 to prove eligibility and establish a valid family relationship with the beneficiary. Keep in mind that, the required documents may vary for each petitioner.

Requirements I-130 documents include:

• Proof that the petitioner is a United States citizen or lawful Permanent Resident (green card holder)
  • U.S. Passport
  • Birth Certificate
  • Naturalization Certificate
  • Green Card (Permanent Resident Card)
• Proof that a qualified family relationship exists between the petitioner and beneficiary
  • Spouse: Marriage Certificate
  • Children: Birth Certificates showing parent-child relationship
  • Siblings: Birth Certificates for both petitioner and beneficiary
  • Parent/Child: Proof of parent-child relationship (e.g., birth certificates)
• Proof that the claimed relationship is genuine and not fraudulent
  • Photos together
  • Joint bank accounts
  • Correspondence
  • Affidavits from friends and family to confirm the relationship (especially for spouses or fiancées)
• Proof of the sponsored person’s nationality
  • Valid Passport
  • Birth Certificate
• If applicable, proof of changes of name for the petitioner or beneficiary
  • Court Order, Marriage Certificate, or other official documentation showing a name change for either the petitioner or the beneficiary.
• Completed Form I-130
  • Form I-130 itself, signed and dated by the petitioner.
• One passport-sized photo of the petitioner and one of the beneficiary.

Learn About I-130A, Supplemental Information for Spouse Beneficiary

Estimated I-130 Processing Time

Immediate Relatives of U.S. Citizens

Includes spouses, children under 21, and parents (sponsor must be 21)

• Form I-130 is typically processed in 6-14 months*

Family-Sponsored Preference Categories:

Relevant to green card holders and U.S. citizens sponsoring relatives under Family-Sponsored Preference Categories:

*USCIS processing times are subject to change. Check the latest updates on the official USCIS visa bulletin (for family-sponsored preference categories) or the processing time tool (immediate relatives of U.S. Citizens) is always recommended.

Tip: In some cases, the USCIS may issue a request for evidence (RFE) in case they need more information or documents to decide on the form. If this happens, the petitioner will be notified. An RFE may increase the processing time.

Avoid an RFE, consult with an expert VisaNation immigration attorney to guide you through the I-130 process.

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I-130 Approved, What Next?

If your I-130 Petition for Alien Relative has been approved. Here’s what to do next:

1. If Your Relative is Outside the U.S.

• The petition is sent to the National Visa Center (NVC) for consular processing. Your relative will attend a visa interview at the U.S. embassy or consulate. If approved, they will receive an immigrant visa to enter the U.S.

2. If Your Relative is Inside the U.S.

• They can apply for a Green Card through adjustment of status by filing Form I-485. Once approved, they will receive their Green Card.

3. Wait for the Priority Date to Become Current 

• If applicable (the relative is in the family-sponsored preference category), check the Visa Bulletin to see when your relative can proceed with the next steps. Once the priority date is current, you can continue the process.

4. Prepare for the Interview

• Gather the necessary documents for the interview and ensure your relative is prepared for their visa or Green Card interview.

5. Green Card Issuance

• After approval, your relative will receive their immigrant visa or Green Card and can live permanently in the U.S.

How Long Does it Take to Get a Green Card After I-130?

The family-based green card processing time after I-130 approval or filing varies:

• Immediate relative or family-sponsored preference category: The process for obtaining a green card for an immediate relative (U.S. Citizen) is faster than the family-sponsored preference category (such as siblings of U.S. citizens and relatives of green card holders).
• Consular Processing (NVC) or Adjustment of Status: NVC processing, also known as consular processing, takes slightly longer.
  • NVC processing takes place when the beneficiary (sponsored relative) lives abroad.
  • It takes longer due to appointment backlogs for the interview process at U.S. consulates and embassies. Some consulates have bigger backlogs than others
• Country of Residence: For preference categories with higher demand, such as China, India, Mexico, and the Philippines, processing times can significantly increase due to visa backlogs and country-specific quotas.

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Green Card Processing Time for Immediate Relatives of U.S. Citizens (Living In the U.S.)

Includes spouses, children under 21, and parents (sponsor must be 21):

• Green card processing time is typically 6 – 14 months.
• You can file I-130 and I-485 (Application to Register Permanent Residence) petitions concurrently (at the same time)
• If the I-485 is processed first, you can get your green card even if the I-130 hasn’t finished processing!

Green Card Processing Timeline For Immediate Relatives of U.S. Citizens (Living Outside the U.S.)

1. I-130 processing time: processed in 6-14 months
2. NVC Processing: after I-130 approval – the process is approximately 4-5 months from start to end*
   • This involves filing a DS-260, biometrics, a medical appointment, and an interview.
   • Concurrent filing is not possible
3. Total: The average green card processing time for NVC processing is 10-19 months*

*Processing times vary depending on appointment backlogs at the embassy or consulate and may expand past the estimate.

Green Card Processing Time for Family-Sponsored Preference Categories of U.S. Citizens:

• Unmarried adult children (21+) (F1): 9 years
• Married children (any age) (F3): 14 years
• Siblings (F4): 18 years (longest wait, especially for countries with high demand like India, Mexico, and the Philippines)

Green Card Processing Time of Relatives of a U.S. Green Card Holder

• Wait time for spouses and children of a U.S. Green Card Holder depends on the priority date found in the latest Visa Bulletin.
• After I-130 approval, beneficiaries’ U.S. Green Card Holders must wait until the Final Action Date in the Visa Bulletin becomes current before proceeding with Adjustment of Status (if living in the U.S.) or consular processing (if living outside the U.S.).
• As of April 2025, the average wait time is 36 months for spouses and children, and 9 years for unmarried sons and daughters over 21 years of age.

This may be followed by an immigration interview, which varies depending on the backlog of the particular embassy

These processing times will vary depending on the Department of State’s Visa Bulletin.

How Much Does the I-130 Cost?

The I-130 filing fees:

• I-130 paper filing: $675
• I-130 online filing: $625

Green Card Fees:

Green card filing fees include:

• Adjustment of Status (I-485): $1,440
  • If the family member is already inside the U.S. and eligible based on priority dates and preference category, then the next steps would be to file the Adjustment of Status (I-485)
• Affidavit of Support: $120 (consular processing only)
  • Required only for relatives living abroad who are applying through consular processing.
  • Shows that the sponsor has enough income or assets to support their relative and keep them from needing government financial help.
• Immigrant visa fee: $325 (consular processing only)
  • Required only for relatives living abroad who are applying through consular processing.
  • Covers the cost of processing the visa application.
• USCIS Immigrant Fee: $220 (consular processing only)
  • Must be paid before traveling to the U.S. after receiving an immigrant visa.
  • Covers the cost of producing and mailing the Green Card.

Recommended read: Guide to Marriage Visas and Marriage-Based Green Card

Frequently asked questions

Can I check the status of my I-130 petition?

Yes, you can check the status of your I-130 petition online using the USCIS case status tool with your receipt number. The receipt number can be found on the receipt notice (Form I-797C, Notice of Action) that USCIS sends after they receive your I-130 petition. The receipt number is located in the top left corner of the notice and typically starts with three letters

Can I file the I-130 online?

Yes, USCIS allows for electronic filing of the I-130 through its website for certain categories. Paper filing is also an option.

What happens after the I-130 is approved?

Once the I-130 is approved, the petition is forwarded to the National Visa Center (NVC) for further processing if the beneficiary is outside the U.S. If the beneficiary is already in the U.S., they may be eligible to adjust their status.

Do I need to be in the U.S. to file the I-130?

No, the petitioner (U.S. citizen or permanent resident) does not need to be in the U.S. to file the I-130.

Can the I-130 be denied?

Yes, the I-130 can be denied if the relationship is not properly documented, the petitioner doesn’t meet eligibility requirements, or if there are issues with the petitioner’s immigration history.

What is the priority date for the I-130?

The priority date is the date USCIS receives your I-130 petition. It is used to determine when you can proceed with further steps in the immigration process, such as applying for a visa or green card.

Do I need to submit an I-130 if the beneficiary is already in the U.S.?

Yes, an I-130 is still required for relatives who are already in the U.S. in most cases, though they may be eligible to adjust status once the petition is approved.

How do I prove domicile status while living abroad when filing Form I-130?

Domicile refers to the place where a U.S. citizen or lawful permanent resident has established a residence to make it their permanent home. If living abroad, you must prove intention to return to the U.S. to live permanently. You can provide evidence such as:

• U.S. tax returns (showing you are filing taxes as a U.S. resident)
• U.S. bank statements or utility bills
• Transfers of funds from foreign bank accounts to U.S. bank accounts
  • This shows an intention to leave a foreign country and establish yourself in the U.S.
• Car title if you have a car in the U.S.
• Property ownership or lease agreements in the U.S.
• Statement of intent to return to the U.S. Permanently

How VisaNation Law Group Can Help

The U.S. family-based green card is a highly sought-after immigrant visa category. It involves several stages and procedures that can take many years to complete. It’s not enough to have a qualifying family relationship and eligibility—you need to present your case in the most convincing way to the USCIS. This is why you need an experienced family-based green card immigration attorney to help you file your I-130.

VisaNation Law Group has a team of dedicated and highly experienced family-based green card lawyers. Their attorneys will help you file your petition with all the necessary evidence to expedite the process. They will work closely with you from the beginning to the end of your family-based green card case. Contact our family immigration team today!