I-130 Petition for Spouses, Children, Parents, and Siblings
What is Form I-130 Used For?
Form I-130 establishes that a valid family relationship exists between a U.S. citizen or green card holder and a relative seeking permanent residence.
It is used to sponsor:
- Spouses
- Children (unmarried and under 21)
- Sons and daughters (unmarried and 21 or older for both U.S. citizens and green card holders; married sons and daughters can only be sponsored by U.S. citizens)
- Siblings (if the U.S. citizen is 21 or older)
- Parents (if the U.S. citizen is 21 or older)
The I-130 petition is the first step in a multi-step process. Its approval does not grant any immigration status or benefits on its own. For most relatives, a visa must be available in their category before they can proceed with a green card application.
Form I-130 Eligibility
To file an I-130 petition, the sponsor must be a U.S. citizen or a lawful permanent resident. They can petition for:
- Spouses
- Unmarried children under 21
- Unmarried sons and daughters 21 or older
- Married children (U.S. citizens only)
- Siblings (U.S. citizens only)
- Parents (U.S. citizens only)
Certain relatives, such as grandparents, cousins, and in-laws, are not eligible. There are also restrictions for spouses if the marriage took place while the foreign spouse was in removal proceedings or if the U.S. sponsor gained their own status through marriage.
Required Documents for Form I-130
The I-130 petition must be supported by evidence of the sponsor’s U.S. citizenship or permanent residence, as well as proof of the qualifying relationship. This may include:
- Birth certificates
- Marriage certificates
- Divorce decrees
- Adoption records
- Passports
- Green cards
- Naturalization certificates
Additional evidence, such as wedding photos, joint financial records, and correspondence, may be required to establish the authenticity of spousal relationships.
Form I-130 Filing Process
The I-130 petition can be filed online or by mail. Filing instructions depend on whether the sponsor is in the U.S. and which service center or consulate has jurisdiction.
For relatives already in the U.S., the I-130 can sometimes be filed concurrently with Form I-485 (Application to Adjust Status). Those residing abroad must wait for I-130 approval before applying for an immigrant visa.
Form I-130 Processing Time
I-130 processing times vary based on case type and USCIS workload. As of 2025, the average processing times are between a few months and several years. Processing can be expedited in some circumstances, such as extreme emergencies, USCIS error, or nonprofit status of the petitioning employer.
Consulting with a family-based immigration attorney can help you assess the best strategies for your case.
What Happens After I-130 Approval?
I-130 approval means the qualifying relationship has been established. The next step depends on the relative’s category and location:
- Spouses, parents, and unmarried children under 21 of U.S. citizens can usually apply for a green card immediately after approval.
- Other relatives must wait for a visa number in their category to become available according to their priority date.
- Those in the U.S. can adjust status with Form I-485. Those abroad go through consular processing for an immigrant visa.
The sponsor must also file an Affidavit of Support (Form I-864) to demonstrate financial ability to support their relative. Additional applications and interviews may be required before permanent residence is granted.
Why Choose De Wit Immigration Law
The I-130 petition is a critical first step in securing permanent residence for family members. Errors, omissions, or insufficient evidence can lead to lengthy delays or denials. Our attorneys provide the experience needed for a successful filing.
We offer:
- Thorough review of supporting documents to identify potential red flags
- Guidance on timing and strategy to minimize delays
- Careful preparation of forms and evidence to withstand government scrutiny
- Counsel on maintaining status and travel during processing
- Representation in the event of Requests for Evidence (RFEs) or interviews
- Continued support through subsequent applications and procedures
Don’t risk unnecessary setbacks in reuniting with your family. Contact us today to put our immigration insight to work for your business.
Frequently Asked Questions
No. The I-130 petition is only for spouses and certain family members. For a fiancé(e), you would need to file an I-129F Petition for Alien Fiancé(e) to secure a K-1 fiancé(e) visa.
Potentially indefinitely. However, it may lose validity if the underlying family relationship changes (such as divorce or death of the petitioner in some cases). Additionally, if the petition is submitted for consular processing, the Department of State can close the case and cancel the petition if the beneficiary doesn’t take action within a year of being notified to proceed. If the petitioner becomes a U.S. citizen, the petition automatically converts to an immediate relative category.
Many I-130 petitions are approved without an interview based on the strength of the submitted evidence. However, USCIS may often require an interview with the petitioner and/or beneficiary to verify the authenticity of the relationship. Petitions based on marriage are more often subject to an interview than those based on sibling or parent/child relationships.
A denial may be appealed within 30 days by filing a Form I-290B, Notice of Appeal, or Motion with the USCIS Administrative Appeals Office (AAO). The denial notice will specify where to file the appeal and pay the fee.
USCIS grants expedited processing at its discretion under limited circumstances, such as severe financial loss, emergency situations, humanitarian reasons, or nonprofit status. Supporting evidence must be submitted with the request.
Whether you are a foreign investor or entrepreneur, a U.S. employer of any size, or an individual seeking to immigrate based on your talent or a close family relationship, we offer straightforward immigration strategies to advance your personal and professional goals.
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