How to Fill Out Form I-130: Step-by-Step Guide

Form I-130 is the first major step in getting your family member a green card for the United States—and getting it right matters. Whether you’re petitioning for your spouse, parent, child, or sibling, the I-130 petition form establishes your family relationship and sets the entire green card process in motion.

The good news? You don’t need to be an immigration lawyer to complete Form I-130 correctly. This guide walks you through each section of the form, explains what USCIS is looking for, and helps you avoid the common mistakes that delay approval by months.

In this article, you’ll learn how to fill out Form I-130, which documents to include, where to file, and what happens after you submit. By the end, you’ll feel confident taking this important step towards getting your loved one a green card for the United States.

This guide complements the official USCIS Form I-130 instructions PDF. Always refer to the official USCIS document for the most up-to-date information and extra details. 

What is Form I-130 and Who Needs It?

Form I-130, officially called the “Petition for Alien Relative”. It is how U.S. citizens and green card holders (lawful permanent residents) sponsor family members for immigration to the United States. Think of it as the formal document that proves your family relationship to USCIS.

Before you begin filling out Form I-130, it’s helpful to review the official Form I-130 instructions provided by USCIS. These instructions explain additional eligibility requirements, required documents, and filing procedures in detail. You can download the Form I-130 instructions PDF directly from www.uscis.gov/i-130.

Who can file Form I-130?

You can petition for a family member if you are either a U.S. citizen (by birth or naturalization), or a U.S. lawful permanent resident (green card holder).

Who can you petition for?

The answer depends on your status:

If you’re a U.S. citizen, you can petition for:

• Your spouse
• Your children (any age)
• Your parents (if you’re 21 or older)
• Your siblings (if you’re 21 or older)

As a US Citizen petitioning for certain relatives (your children or siblings), you don’t need to file separate I-130s for their spouse or unmarried children under 21—they’re considered derivative beneficiaries. These will be included in your I-130 form and can apply for the US green card along with the primary beneficiary. 

If you’re a green card holder, you can petition for:

• Your spouse
• Your unmarried children 

That’s it. Green card holders cannot petition for parents, married children, or siblings.

Why does this distinction matter?

U.S. citizens petitioning for spouses, parents, and unmarried children under 21 fall into the “immediate relative” category. These petitions typically process faster because there are no annual visa limits. Everyone else falls into “family preference” categories with longer wait times.

While the I-130 form is the same for everyone, your status as a citizen or green card holder determines how long the whole process takes.

Eligibility Requirements for the I-130 Petition Form

Before you start filling out Form I-130, make sure you meet the basic requirements.  The USCIS Form I-130 instructions outline these eligibility criteria in detail, but here’s what you need to know upfront.

Petitioner requirements (that’s you):

• You must be a U.S. citizen or lawful permanent resident (green card holder)
• If you’re petitioning for your siblings or parents, you must be a U.S. citizen and at least 21 years old 

Beneficiary requirements (your family member):

• You must have a qualifying family relationship with them
• The relationship must be provable with official documents
• They must be admissible to the United States (no major criminal history or immigration violations)

Who is not eligible

• Your adoptive parent/child (beneficiary) if adoption happened after the age of 16
• Your biological parent (beneficiary) where you (the petitioner) gained US status through adoption 
• Your stepparent/stepchild (beneficiary) if the marriage occurred after the child turned 18 
• Your spouse (beneficiary) if you were not both physically present at the marriage ceremony (unless consummated)
• Your spouse (beneficiary) if you gained your green card through marriage within the last 5 years (there are exceptions to this rule)
• Your spouse (beneficiary) if you were married during their removal proceedings (unless you have a bona fide marriage exemption)
• Anyone who entered marriage to evade immigration laws
• Extended family (grandparents, grandchildren, nephews, nieces, uncles, aunts, cousins, in-laws)

Proof you’ll need:

For all petitions, you need documents proving both your status and your relationship. For spouse petitions, this includes your marriage certificate and evidence that your marriage is genuine (photos together, joint financial documents, correspondence). For parent or child petitions, you’ll need birth certificates showing the relationship.

One important note: being married to a U.S. citizen doesn’t automatically give someone the right to live in the United States. Filing the I-130 petition form is just the first step—your spouse still needs to go through additional processing and filing to actually receive their green card.

Step-by-Step: How to Complete Form I-130

Form I-130 has nine parts spread across 12 pages. Don’t let that intimidate you-the Form I-130 instructionswalk you through each section. Many sections are straightforward, and some may not even apply to your situation. Let’s walk through each part, focusing on what matters most.

Part 1: Relationship (You are the Petitioner. Your relative is the Beneficiary)

This short section establishes who you’re filing for.

Key question: Select one box indicating your relationship to the beneficiary: spouse, parent, brother/sister, child.

Additional questions if petitioning a child or parent:

• Was the child adopted?
• Is this a stepchild/stepparent relationship?
• Was the child born to married or unmarried parents?

Why this matters: Your answer here determines your petition’s visa category, processing priority, and whether there are annual visa number limits. USCIS uses this to route your case correctly from the start.

Part 2: Information About You (Petitioner)

This is the longest and most detailed section. It asks for comprehensive information about you, the person filing the petition.

Your identifying information:Your current legal name (exactly as it appears on your passport, birth certificate, or naturalization certificate)

• Alien Registration Number (A-number) if you’re a green card holder
• Social Security Number
• Date and place of birth

Your addresses:

• Current mailing address (where USCIS will send all notices)
• Physical address if different from mailing address
• Address history for the last five years

Pro tip: USCIS will mail important documents to your mailing address. If you move during processing, file Form AR-11 to update your address, or USCIS may not be able to reach you.

Other names used: List every name you’ve ever used—maiden names, nicknames on official documents, previous married names, or any spelling variations. USCIS cross-checks multiple databases. Being upfront about name variations prevents delays.

Your marital information:

• Current marital status
• Number of times married
• Information about current and all previous spouses (names, dates marriages ended)
• Place where you got married (if currently married)

Why USCIS asks: For spouse petitions especially, USCIS needs to verify that previous marriages were legally ended and that your current marriage is valid.

Your parents’ information:Full names, dates of birth, and countries of birth for both parents. This helps USCIS verify your identity and eligibility.

Your citizenship or permanent resident status:

• Check whether you’re a U.S. citizen or lawful permanent resident
• If citizen: How you acquired citizenship (birth in US, naturalization, or through parents)
• If you have a naturalization certificate: Certificate number, place of issuance, and date
• If green card holder: Your class of admission, date of admission, and whether you got your green card through marriage

Your employment history:List your employers for the last five years, starting with your current job. Include:

• Company name and address
• Your occupation
• Dates of employment

If you’re currently unemployed, write “Unemployed” in the employer name field.

Common mistake: Leaving employment dates blank. If you can’t remember exact dates, provide approximate months and years.

Part 3: Biographic Information

This short section asks for your physical description and demographic information. The USCIS Form I-130 instructions provide specific definitions for each ethnicity and race category if you need clarification.

What to include:

• Ethnicity (Hispanic or Latino / Not Hispanic or Latino)
• Race (select all that apply: White, Black or African American, Asian, American Indian or Alaska Native, Native Hawaiian or Other Pacific Islander)
• Height (feet and inches)
• Weight (pounds)
• Eye color
• Hair color

Why USCIS collects this: This information is used for identity verification and creating your biometric records. Answer honestly—this isn’t about discrimination; it’s about ensuring the right person is associated with the right immigration record.

Part 4: Information About Beneficiary

This section mirrors Part 2 but focuses on the person you’re petitioning for.

IMPORTANT FOR SPOUSE PETITIONS: If you’re filing for your spouse, they must also complete and sign Form I-130A (Supplemental Information for Spouse Beneficiary). Form I-130A must be submitted together with Form I-130. If your spouse is overseas, Form I-130A must still be completed, but your spouse does not have to sign it.

Beneficiary’s identifying information:

• Full legal name
• Any other names used
• A-number (if they have one)
• Social Security Number (if they have one)
• Date and place of birth

Beneficiary’s addresses:

• Current physical address (whether in the US or abroad)
• Address where they intend to live in the US (if different from current)
• Address outside the US (if applicable)

Beneficiary’s contact information:

• Daytime telephone number
• Mobile telephone number
• Email address

Beneficiary’s marital information: Complete the same type of marital history as you did for yourself—current marital status, number of marriages, spouse information, and when previous marriages ended.

Beneficiary’s family information: List the beneficiary’s current spouse (if married) and all children. For each person, provide:

• Full name
• Relationship to beneficiary
• Date of birth
• Country of birth

Why this matters: If you’re petitioning your spouse or siblings, their unmarried children under 21 may be eligible to immigrate as derivative beneficiaries. USCIS needs this information to assess the full scope of your petition. You don’t need to file separate I-130 petition forms  for these children—they’re considered derivative beneficiaries and should be listed in Part 4.

Beneficiary’s entry information (if currently in the US):

• Class of admission (how they entered)
• Form I-94 number (also known as the Departure Number on some versions)
• Date of arrival
• Date their authorized stay expires (as shown on Form I-94, or write “D/S” if admitted for Duration of Status)
• Passport information

Note: You can obtain an electronic Form I-94 from www.cbp.gov/i94 if needed.

Beneficiary’s employment: If the beneficiary is currently employed (even outside the US), provide their employer’s name, address, and the date employment began. If unemployed, write “Unemployed.”

Previous immigration proceedings: Has the beneficiary ever been in removal, exclusion, deportation, or rescission proceedings? If yes, provide details including the location and date.

CRITICAL SECTION – Questions 61 and 62:

This is one of the most commonly misunderstood parts of Form I-130, and getting it wrong causes significant delays.

You must select ONE and ONLY ONE of these options:

Question 61: “The beneficiary is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the U.S. Citizenship and Immigration Services (USCIS) office in [City, State].”

Check this box ONLY if:

• The beneficiary is currently physically in the United States
• They will apply for their green card while remaining in the US (this is called adjustment of status)
• Provide the city and state of the USCIS office

Question 62: “The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in [City, Province, Country].”

Check this box ONLY if:

• The beneficiary is outside the United States, OR
• The beneficiary is in the US but will leave and process their immigrant visa at a US Embassy/Consulate abroad (this is called consular processing)
• Provide the city, province, and country of the embassy/consulate

CRITICAL RULES:

• Select ONLY ONE option—never both
• Do NOT leave both blank
• Your answer determines where USCIS sends the approved petition
• Choose based on where the beneficiary actually plans to complete their green card application

Note about choosing the embassy/consulate: Selecting a US Embassy or Consulate outside the beneficiary’s country of residence doesn’t guarantee that embassy will accept the case. The designated embassy has discretion over whether to accept cases from non-residents of that country.

What happens if you answer incorrectly?

If you check the wrong box, USCIS will route your approved petition to the wrong location. This means:

• Delays of several additional months
• You may need to file Form I-824 (Application for Action on an Approved Application or Petition) with a $465 filing fee to correct the routing
• Your beneficiary may miss their priority date window

Common scenario: Many people check Question 61 (adjustment of status) because their spouse is temporarily in the US on a tourist visa, even though the spouse plans to return home and process through consular processing. In this case, Question 62 is correct because the beneficiary will NOT be adjusting status in the US.

Part 5: Other Information

This section asks about previous petitions and other relatives you’re sponsoring.

Question 1: Have you ever previously filed a petition for this beneficiary or any other person?

If yes, provide:

• The person’s name
• Where you filed (city, state)
• Date filed
• Result (approved, denied, withdrawn)

Question 2: If you’re filing separate petitions for other relatives at the same time, list each relative’s name and your relationship to them.

Petitioner contact information: Provide your daytime phone number, mobile number, and email address. USCIS may use these to contact you if there are questions about your petition.

The penalties warning: This section reminds you that falsifying information or entering a fraudulent marriage can result in criminal prosecution, imprisonment up to 5 years, and fines up to $250,000. This isn’t meant to scare you—it’s meant to emphasize the importance of honesty.

Part 6: Petitioner’s Statement, Contact Information, Declaration, and Signature

This is where you certify that everything in your petition is true and sign the form.

Language statement (select one):

Box 1a: “I can read and understand English, and I have read and understand every question and instruction on this petition and my answer to every question.”

Check this if you completed the form yourself in English.

Box 1b: “The interpreter named in Part 7 read to me every question and instruction on this petition and my answer to every question in [language], a language in which I am fluent.”

Check this if someone interpreted the form for you in another language. That interpreter must complete Part 7.

Box 2 (optional): “At my request, the preparer named in Part 8 prepared this petition for me based only upon information I provided or authorized.”

Check this if someone else physically filled out the form for you (attorney, paralegal, friend, family member). That person must complete Part 8.

Your declaration and certification: By signing, you’re certifying under penalty of perjury that:

• All information is complete, true, and correct
• You authorize USCIS to verify any information
• You may be required to provide original documents
• You understand you may need to provide biometrics and sign an oath

Your signature:

• If filing by mail: Sign in ink (blue ink helps USCIS see it’s an original signature)
• If filing online: Use an electronic signature
• Date your signature with the actual date you’re signing

Common rejection reason: Forgetting to sign is a surprisingly common mistake. USCIS will reject unsigned petitions. Make signing the last thing you do before mailing or submitting electronically.

Part 7: Interpreter’s Contact Information, Certification, and Signature

Only complete this section if someone interpreted the form for you.

If you checked Box 1b in Part 6 (indicating you used an interpreter), that interpreter must provide:

• Their full name
• Business or organization name (if any)
• Complete mailing address
• Contact information (phone, email)
• The language they used to interpret for you

Interpreter’s certification: The interpreter must certify that they are fluent in both English and your language, that they read every question and instruction to you, and that you understood everything.

Interpreter’s signature and date: The interpreter must sign and date this section.

Important: An interpreter is someone who translated the questions into your language so you could understand and answer them. This is different from a preparer (Part 8), who is someone who physically filled out the form based on information you provided.

Part 8: Contact Information, Declaration, and Signature of the Person Preparing this Petition, if Other Than the Petitioner

Only complete this section if someone else prepared (filled out) the form for you.

If you checked Box 2 in Part 6, the person who prepared your form must provide:

• Their full name
• Business or organization name (if any)
• Complete mailing address
• Contact information (phone, email)

Preparer’s statement (select one):

Box 7a: “I am not an attorney or accredited representative but have prepared this petition on behalf of the petitioner and with the petitioner’s consent.”

Box 7b: “I am an attorney or accredited representative and my representation of the petitioner in this case extends / does not extend beyond the preparation of this petition.”

If an attorney is representing you beyond just preparing the form, they should also file Form G-28 (Notice of Entry of Appearance).

Preparer’s certification and signature: The preparer certifies that they prepared the petition at your request, that you reviewed and understood everything, and that they completed it based only on information you provided or authorized them to obtain.

Part 9: Additional Information

This is overflow space. If you ran out of room in any previous section, use this space to provide additional information.

How to use Part 9:

• Indicate the page number, part number, and item number you’re providing additional information for
• Provide your name and A-number (if any) at the top
• Sign and date
• You can make copies of this page or attach additional sheets if needed

When to use Part 9:

• You have more than 2 previous addresses or employers
• You have a large family and need more space to list beneficiary’s children
• You need to explain something in more detail
• You have multiple previous spouses to list

Pro tip: Keep additional information organized and clearly labeled. Don’t just write “see attached”—reference exactly which question you’re answering.

Required Supporting Documents for Form I-130

Form I-130 alone isn’t enough. You need to include documents that prove two things: your status as a U.S. citizen or green card holder, and your relationship to the person you’re petitioning for.

Documents proving your status (the petitioner):

If you’re a U.S. citizen, provide ONE of these:

• Copy of your U.S. birth certificate (if born in the U.S.)
• Copy of your U.S. passport (photo page)
• Copy of your Certificate of Naturalization or Citizenship
• Copy of your Consular Report of Birth Abroad (if born abroad to U.S. citizen parents)

If you’re a green card holder:

• Copy of front and back of your green card

Documents proving the relationship:

This varies depending on who you’re petitioning for.

For a spouse:

• Copy of your marriage certificate
• Proof that any previous marriages ended (divorce decrees, death certificates, or annulment papers for both you AND your spouse)
• Evidence of a genuine relationship (USCIS wants to see that your marriage is real, not just for immigration purposes)

Evidence of a genuine marriage can include:

• Joint bank account statements
• Joint lease or mortgage
• Photos of you together at different times and places
• Correspondence between you (emails, letters)
• Affidavits from friends and family who know you as a couple

Pro tip:While USCIS lists these as recommended rather than required, submitting strong evidence of a genuine marriage significantly strengthens your petition and can prevent RFEs or denials.

For parents or children:

• Birth certificate showing the relationship (your birth certificate if petitioning parents; your child’s birth certificate if petitioning a child)
• If petitioning a stepchild or stepparent, the marriage certificate showing when the marriage creating the steprelationship occurred

Translation requirements:

Here’s an important rule many people miss (detailed in the USCIS Form I-130 instructions):

Any document not in English must be accompanied by a certified English translation.

A certified translation includes:

• The full English translation of the document
• A certification statement from the translator stating they are competent to translate and that the translation is accurate
• The translator’s signature, printed name, contact information and date

You can’t translate your own documents. However, any competent bilingual friend or professional translator can do this—they don’t need special credentials, just fluency in both languages. Many people use professional translation services to ensure accuracy ($20-50 per document typically).

Photo requirements:

If petitioning for your spouse, include two identical passport-style photos of yourself (the petitioner) AND your spouse (the relative you’re petitioning for if they are in the US):

• Taken within 30 days of filing
• 2 x 2 inches
• Color photos with white or off-white background
• Full face, front view
• Name and A-number (if any) lightly printed on the back of each photo using a pencil or felt pen

Filing Fees and Payment Methods

As of October 2025, the filing fee for Form I-130 is $625 per petition filed online, and $675 per petition filed by mail.

This fee is per petition, so if you’re petitioning several family members (say, your spouse and two stepchildren), you’ll need to file a separate I-130 for each person with a separate filing fee for each.

Accepted payment methods:

If filing online through your USCIS account:

• Credit card
• Debit card
• Bank account (ACH transfer)

If filing by mail:

• Credit card using Form G-1450, Authorization for Credit Card Transactions 
• Debit card using Form G-1450, Authorization for Credit Card Transactions

Important: Don’t send cash or a check. As of Oct 28, 2025, USCIS no longer accepts checks. 

Fee waivers: In very limited circumstances, you may qualify for a fee waiver if you can prove financial hardship. However, fee waivers for I-130 are rare and need extensive documentation of inability to pay. Most petitioners will need to pay the full fee.

Where and How to File Form I-130

You have two options for filing: online or by mail.

Filing online:

Online filing is often easier to track. This can be done through the online portal at uscis.gov. Once submitted, you’ll immediately receive a confirmation receipt. You can then check your case status anytime by logging into your account.

Filing by mail:

If you prefer to file by mail, the address depends on your specific situation. USCIS has different addresses based on:

• Where you live as the petitioner
• Whether you’re also filing other forms (like I-485 adjustment of status)
• Mail or courier service

Check the USCIS form I-130 instructions or USCIS I-130 page for the current filing addresses. 

Organizing your packet:

If filing by mail, you may organize your documents like this:

1. Form I-130 on top with all pages
2. Filing fee (check or money order)
3. Your proof of status documents
4. Relationship evidence documents
5. Any translations
6. Two passport photos of beneficiary (paper-clipped, not stapled)

Use paper clips or binder clips—not staples—to keep everything together. Make a complete copy of everything you’re submitting for your records before mailing.

Mail using USPS with tracking, or use a courier service like FedEx or UPS so you have proof of delivery.

Pro tip: Include a cover sheet listing all the forms and documents you’ve included in your packet. Use this as a final checklist for yourself to triple check you have included all forms and documents. 

After You File: What to Expect

Once USCIS receives your I-130 petition form, here’s what happens:

Receipt notice (Form I-797C, Notice of Action):

Within 30 days of filing, you’ll receive a receipt notice. This confirms USCIS received your petition and includes:

• Your receipt number (starts with three letters and 10 numbers, like IOE1234567890)
• The form you filed
• The filing date
• Where to check case status

Save this receipt notice—you’ll need the receipt number to check your case status online.

Processing times:

As of August 2025, I-130 processing times vary significantly by case type, and where you are applying from:

• Immediate relative petitions(citizen petitioning spouse, parent, unmarried child under 21) living in the U.S.: 14.5 months average
• Immediate relative petitions petitions(citizen petitioning spouse, parent, unmarried child under 21) living outside the U.S.: 35 months average

You can check current processing times at https://egov.uscis.gov/processing-times/.

Checking case status:

Use your receipt number to check status online at uscis.gov/casestatus. You’ll see updates like:

• “Case Was Received” (initial status)
• “Case Is Being Actively Reviewed By USCIS”
• “Request For Evidence Was Sent” (if USCIS needs more information)
• “Case Approved”

Request for Evidence (RFE):

Sometimes USCIS needs additional information or documentation. They’ll send you an RFE by mail and/or online account. This will explain exactly what they need and give you a deadline to respond (typically 30-87 days).

Common reasons for RFEs:

• Missing documents
• Documents not translated
• Need more proof of relationship
• Need updated documents if originals are now old

Don’t panic if you get an RFE. While it does add a significant amount of time to the approval process, it doesn’t mean denial—just respond completely and on time.

Approval notice:

When your I-130 is approved, USCIS sends an approval notice (Form I-797, Notice of Action). This is a big milestone!

What happens next depends on where your relative is:

• If they’re in the U.S.: They may be eligible to apply for adjustment of status (I-485) to get their green card without leaving the country
• If they’re outside the U.S.: The approved I-130 moves to the National Visa Center, which coordinates consular processing for their green card through a U.S. embassy or consulate in their country of residence

The approved I-130 doesn’t give your relative a green card by itself—it’s the first step that makes them eligible for the next stage of the process.

Common Mistakes to Avoid

From experience, conversations with immigration professionals, and research, we’ve learned which I-130 mistakes happen most often—and how to avoid them

I-130 Filing Checklist

Ready to file? Use the below checklist to make sure you have everything, or get our PDF download.

Before You Start:

• Determine your eligibility (U.S. citizen or green card holder, petitioning qualifying relative)
• Gather proof of your status (passport, birth certificate, naturalization certificate, or green card)
• Collect relationship documents (marriage certificate, birth certificates)
• If filing for spouse: Obtain two passport-style photos of yourself and your spouse if they are in the U.S. 

Completing Form I-130:

• Download current I-130 form and form I-130 instructions PDF from uscis.gov 
• Complete all parts accurately
• Answer every question (use “N/A” if not applicable)
• Make sure every response in Part 9 for additional information includes the page number, part number and item number 
• Review entire form for completeness and accuracy
• Sign and date the form

Preparing Supporting Documents:

• Copy of your proof of U.S. status
• Relationship documents (marriage certificate, birth certificates)
• Proof previous marriages ended (if applicable)
• Certified English translations of all foreign documents
• If filing for spouse: Evidence of genuine relationship 
• If filing for spouse: Two passport photos of yourself (petitioner) and of your spouse (beneficiary) if they are in the U.S.

Filing:

• Make complete copies of entire packet for your records
• If filing for spouse: Completed and signed Form I-130A included
• If using attorney/representative: Completed and signed Form G-28 (Notice of Entry of Appearance)
• If filing online: Create USCIS account and upload documents as PDFs
• If filing by mail: Prepare mail filing fee payment ($675) and payment authorisation form
• If filing by mail: Verify current filing address for your case type
• If filing by mail: Use trackable mailing method

After Filing:

• Save receipt notice when it arrives
• Record your receipt number
• Set up case status alerts online
• Respond promptly to any RFEs
• Keep copies of all correspondence with USCIS

Taking the Next Step Toward Your Family Member’s Green Card

Form I-130 is your first formal step in establishing lawful permanent resident status for your family member in the United States. It might feel like a lot of paperwork right now, but you’re not alone in this process—tens of thousands of families successfully file I-130 petitions every month.

The key to a smooth I-130 process is accuracy and completeness. USCIS officers review thousands of petitions. The ones that sail through are the ones where everything is in order from the start. Take your time, double-check your work, and don’t leave anything blank.

Still feel like you need more guidance? Review official USCIS Form I-130 instructions for detailed explanations and the latest information. 

Remember, getting your I-130 right means you’re months closer to being with your loved one. It’s worth doing carefully.

What happens after I-130 approval depends on your situation:

• If your relative is in the U.S., they may be eligible for adjustment of status
• If your relative is abroad, they’ll go through consular processing

For more guidance on the complete process, check out our guide on documents needed for a marriage-based green card (coming soon) and learn about the adjustment of status process (coming soon).