Who can file Form I-130 petition for alien relative?

U.S. citizens can petition for spouses, unmarried children, parents, and siblings. Lawful permanent residents can petition for spouses and unmarried children only.

How long does I-130 processing take?

Processing times vary by USCIS office and relationship type. Immediate relative petitions typically take 12-16 months. Preference category petitions take 15-20 months, plus additional waiting time for visa availability.

What is the filing fee for Form I-130?

The I-130 filing fee is $675 as of 2025. This fee was not increased under H.R. 1 legislation, unlike many other USCIS forms.

Can I file I-130 and I-485 together?

Yes, immediate relatives of U.S. citizens can file I-130 and I-485 concurrently if the beneficiary is in the United States and eligible for adjustment of status.

What happens after I-130 approval?

After approval, the case goes to the National Visa Center for immigrant visa processing. For preference categories, you must wait for your priority date to become current before proceeding.

Form I-130 Petition for Alien Relative Guide

Last updated: January 15, 2025

Family Immigration Overview

Form I-130 is the first step in family-based immigration. Approval does not automatically grant immigration status - additional steps include adjustment of status or consular processing depending on beneficiary location.

I-130 Filing Fees (2025)

Current USCIS Fees

I-130 Filing Fee$535
Biometrics Fee (if required)$85
No fee increase for I-130 under H.R. 1 legislation

Eligible Family Relationships

Immediate Relatives (No Numerical Limits)

Spouse of U.S. citizen
Unmarried child under 21 of U.S. citizen
Parent of U.S. citizen (petitioner must be 21+)

Family First Preference (F1) - 23,400 visas annually

Unmarried sons and daughters of U.S. citizens (21+)

Family Second Preference (F2A/F2B) - 114,200 visas annually

F2A: Spouses and unmarried children under 21 of LPRs
F2B: Unmarried sons and daughters of LPRs (21+)

Family Third Preference (F3) - 23,400 visas annually

Married sons and daughters of U.S. citizens

Family Fourth Preference (F4) - 65,000 visas annually

Brothers and sisters of U.S. citizens (petitioner must be 21+)

Required Supporting Documents

Essential documents for complete I-130 petition:

Form I-130 petition completed and signed
Filing fee payment ($535 for most cases)
Copy of petitioner's proof of U.S. citizenship or LPR status
Copy of beneficiary's birth certificate with certified translation
Evidence of qualifying family relationship (marriage certificate, adoption decree)
Two passport-style photos of beneficiary taken within 30 days
Copy of any prior marriage certificates and divorce/death certificates
Legal name change documents (if applicable)
Evidence of bona fide marriage (for spousal petitions)

I-130 Petition Process

File Form I-130

Submit complete I-130 petition with supporting documents and fees to USCIS lockbox facility

Receipt Notice (I-797C)

USCIS issues receipt notice with case number for tracking petition status

USCIS Processing

USCIS reviews petition, may request additional evidence (RFE), conducts background checks

Interview (if required)

Some cases require in-person interview at USCIS field office to verify relationship

Petition Decision

USCIS approves or denies petition. Approval notice (I-797) sent to petitioner

National Visa Center (NVC)

Approved petitions forwarded to NVC for immigrant visa processing or adjustment of status

Priority Date Current

For preference categories, wait until priority date becomes current for visa availability

Final Processing

Complete adjustment of status (if in U.S.) or consular processing (if abroad)

Current Processing Times (2025)

Immediate Relatives

12-33 months

No waiting for visa availability after approval

F1 (Unmarried Adult Children of USC)

12-33 months + 7-22 years wait

Must wait for priority date to become current

F2A (Spouses/Children of LPR)

12-33 months + 2-3 years wait

Shorter wait times than other preference categories

F2B (Adult Children of LPR)

12-33 months + 7-8 years wait

May age out of category if child marries

F3 (Married Children of USC)

12-33 months + 12-22 years wait

Very long wait times, especially for certain countries

F4 (Siblings of USC)

12-33 months + 13-22 years wait

Longest wait times in family immigration

Per-Country Limits

No country can receive more than 7% of total family-based visas annually. Citizens of China, India, Mexico, and Philippines face significantly longer wait times.

Evidence of Bona Fide Marriage

Spousal Petitions Require Strong Relationship Evidence

Joint bank accounts and financial documents
Joint lease agreements or mortgage documents
Joint insurance policies (health, auto, life)
Joint tax returns and IRS transcripts
Birth certificates of children born to the marriage
Photos together throughout relationship at events, holidays, trips
Correspondence between spouses (emails, letters, cards)
Affidavits from family and friends attesting to genuine relationship
Travel documents showing trips together
Joint memberships and subscriptions

Common Requests for Evidence (RFE)

USCIS frequently requests additional evidence for:

Additional evidence of qualifying family relationship
Updated civil documents with certified translations
Evidence of petitioner's continued U.S. citizenship/LPR status
Stronger evidence of bona fide marriage (spousal cases)
Legal name change documentation
Adoption documents and evidence of legal custody
Proof of termination of previous marriages
Current financial support documentation

RFE Response Timeline

Respond to RFEs within the specified deadline (typically 87 days). Failure to respond results in petition denial. Request extensions only for exceptional circumstances.

Child Status Protection Act (CSPA)

Child Turns 21 During Processing

Protection: Child Status Protection Act (CSPA) may preserve eligibility

Calculation: CSPA age = biological age minus I-130 processing time

Derivative Beneficiary Ages Out

Protection: May need separate I-130 petition in different category

Calculation: Must file new petition before losing derivative status

Marriage Changes Category

Protection: F1 to F3 conversion for unmarried to married child

Calculation: Priority date retained but longer wait time

Priority Date System

Priority Date Assignment

Priority date is the date USCIS receives your properly filed I-130 petition. This date determines your place in line for visa availability in preference categories.

Visa Bulletin Tracking

Monitor monthly State Department Visa Bulletin to track when your priority date becomes current. Immediate relatives are always current.

After I-130 Approval

Next Steps After Petition Approval

1Case forwarded to National Visa Center (NVC) for immigrant visa processing
2For preference categories: wait for priority date to become current
3Pay NVC fees and submit required civil documents and affidavit of support
4Complete adjustment of status (if in U.S.) or consular processing (if abroad)

Strategic Filing Considerations

Optimize Your I-130 Strategy

File early to establish priority date, even if visa not immediately available
Consider concurrent filing (I-130 + I-485) for immediate relatives in U.S.
Monitor country-specific processing delays and plan accordingly
Maintain qualifying relationship throughout entire process
Keep USCIS informed of address changes and status updates

Petition Denials and Appeals

Motion to Reopen/Reconsider

File within 30 days of denial with new evidence or legal arguments. Address specific reasons for denial in motion.

New Petition Filing

Can file new I-130 petition with corrected information and additional evidence. Previous priority date may not be retained.

Administrative Appeals Office (AAO)

Limited appeal rights for I-130 denials. Most cases require filing new petition rather than appeal process.

Official Resources

USCIS Form I-130 Information State Department Visa Bulletin USCIS Policy Manual - Family-Based Immigration USCIS Processing Times National Visa Center (NVC)