If you're looking to bring a family member into the U.S., the I-130 form is your starting point.
It's a fairly simple starting point, but don't let it fool you—one little mistake, one missing document, and it could derail your entire process. And we know you don't want that.
So, this article? Count on it as your survival manual.
We'll get into the common mistakes of filing this form, tips you won’t find in the instruction manual, and what to do if things go sideways. (Basically, all you'll ever need to know!)
If you're serious about getting this done right and want to learn more about the I-130 form, keep reading.
Who Can File Form I-130?
Now that you understand what Form I-130 is let’s make sure you meet the requirements to file it.
Obviously, if you're a U.S. citizen, things will be way easier for you. In fact, you've got a pretty wide range of family members you can help get in the states.
That includes your:
- Spouse
- Unmarried children under 21 years old.
- Married children
- Siblings and parents, as long as you're at least 21 years old
Now, if you're a green card holder, expect to face extra limitations. Particularly, you can’t petition for siblings or parents until you get U.S. citizenship.
Also, you might’ve noticed there’s no mention of grandparents, grandchildren, aunts, uncles, nieces, nephews, or in-laws. That’s because they don’t qualify.
The same goes for adoptive relationships if the adoption happened after the child turned 16—or if they didn’t live with the adoptive parent for at least two years before filing.
What Supporting Documents Do You Need to Submit with Your I-130 Petition?
Since USCIS wants to see proof that you’re eligible and that the relationship between you and your beneficiary is real, you'll need to attach supporting documents to your I-130.
Here’s the lowdown on all the additional paperwork you'll need to secure:
- The proof of having paid the filing fee
- Proof of U.S. citizenship or lawful permanent residence (e.g., birth certificate, valid passport, naturalization certificate, Form FS-240, green card)
- Proof of relationship (e.g., marriage certificate, birth certificates, evidence of joint bank accounts, lease agreements, photos together)
- Passport-style photographs
In some cases, like if you've terminated a prior marriage or changed your name, you might need to submit even more forms, which is why it's best to consult with an immigration lawyer prior to petitioning.
How Long Does It Take to Get Your Form I-130 Petition for a Relative Approved?
Here's a question that has no one-size-fits-all answer.
Honestly, the processing time can vary based on things like the relationship between you and the person you're sponsoring and whether they’re applying from inside or outside the U.S.
Historically, the shortest average processing times have been for immediate relatives of U.S. citizens who are already living in the U.S., typically taking around 10 months.
For relatives of lawful permanent residents, we're looking at more substantial wait times, usually around 35 months.
But keep in mind that processing times aren't always set in stone.
Sometimes, things move faster, and other times, you might run into delays because USCIS might ask for more info.
How Much Does It Cost To File The I-130?
In 2024, the costs of filing an I-130 have gone up by ≈17-26%, depending on whether you're filing online or on paper.
If you opt for online filing, you can expect to pay a $625 filing fee for your Form I-130, while for the paper filing, you can expect to cash out $675.
(This probably answers your "Is it better to file I-130 online or by mail?" question, huh?)
Besides the filing fee, you might also face a biometrics fee if you're also submitting other forms like the I-485, as well as some immigration attorney fees.
And keep in mind: Filing fees are non-refundable, whether your petition gets approved or not.
Tips On How to Properly File Form I-130
First things first: Go over every single detail of the petitioner information in Form I-130—thrice!
Your full name, address, date of birth…all of it. You'd be surprised how often a tiny mistake, like a misspelling, can throw the whole process off.
The same applies for beneficiary information. Everything that's on the form should reflect official documents like birth certificates or passports.
When it comes to supporting documents, it's always safer to send a little extra than to risk underdelivering. Make sure everything is clear and easy to read—and if it's not in English, don’t forget to get it translated!
Lastly, when you’re finally ready to submit, don’t forget to sign the form. Seriously.
Many petitions get tossed back because the signature is missing, as silly as it may sound.
Once you file your form, you can expect to get a receipt notice within just a few weeks, and make sure to keep it for your records. After that, USCIS starts their review, and if anything’s missing or incorrect, you might get a Request for Evidence (RFE).
It's no biggie; just respond quickly with what’s asked for.
What If Your Petition Gets Denied?
If your petition gets denied, it's important to know that, in most cases, you can still appeal the decision.
But you need to act fast. It's like 30 days from the denial notice fast.
Alternatively, if you think they made an error in your case, you can file a Motion to Reopen or Reconsider. Your lawyer can explain which option is most suitable for your particular case (aka get one ASAP!).
Now, let's get back to that first sentence where we've said that you can appeal in most cases. Obviously, that means that there are some cases in which you can't.
Well, the good news is: Even then, you can re-file, which is basically starting from scratch.
Just make sure that the second time around you address the issues that caused the denial in the first place.
(Notice how we're circling back to that 'double-check everything' tip from the very beginning of this article, huh?)
Conclusion
We think the key takeaway of this guide is self-evident, and it's that accuracy and completeness are everything when filing Form I-130.
Every detail counts, from the petitioner’s info to the supporting documents, so if you're feeling unsure at any stage, don’t hesitate to consult an immigration lawyer.
