How to File I-130 Petition 2025: Complete Step-by-Step Guide + Timeline
Master the I-130 petition process for family-based green card with our comprehensive guide covering eligibility, requirements, forms, and proven strategies.
Filing an I-130 petition is the foundational step for family-based immigration to the United States. Whether you\’re a U.S. citizen seeking to sponsor your spouse, parent, or sibling, or a green card holder wanting to bring eligible family members, understanding the I-130 petition process is essential for success. This comprehensive guide covers everything you need to know about filing an I-130 petition in 2025, including step-by-step instructions, eligibility requirements, required documents, processing times, and insider tips to maximize your chances of approval.
The I-130 petition, officially known as the \”Petition for Alien Relative,\” demonstrates your relationship to your beneficiary and your eligibility to sponsor them for a U.S. green card. We\’ll break down the entire I-130 petition filing process, helping you avoid costly mistakes and navigate the complexities with confidence.
1. What is I-130 Petition? Definition & Overview
The I-130 petition is a formal document that you file with United States Citizenship and Immigration Services (USCIS) to establish a qualifying relationship with an eligible family member. This I-130 petition serves as the official proof that a valid family relationship exists and that you meet specific eligibility criteria to sponsor that person for permanent residence (green card).
Key Points About I-130 Petition
- The I-130 petition must be filed by the U.S. citizen or green card holder (petitioner) on behalf of the foreign national (beneficiary)
- An I-130 petition is the FIRST step in family-based immigration; it must be approved before the beneficiary can apply for a green card
- The I-130 petition establishes visa priority dates and determines eligibility for subsequent immigration benefits
- Each I-130 petition is specific to one petitioner-beneficiary relationship; separate petitions are needed for different family members
- Filing an I-130 petition does NOT guarantee approval—USCIS will thoroughly review the relationship and eligibility
The I-130 petition is different from the I-485 (Application to Register Permanent Residence or Adjust Status). The I-130 establishes your right to sponsor; the I-485 is the actual application for green card status after I-130 approval.
2. Who Can File I-130 Petition? Eligibility Requirements
Not everyone can file an I-130 petition. USCIS has strict eligibility requirements for both petitioners and beneficiaries. Understanding these requirements is crucial before you begin the I-130 petition process.
Who Can File an I-130 Petition (Petitioner Eligibility)
✓ U.S. Citizens Can File I-130 Petition For:
- Spouse (married for at least 2 years for immediate relative status)
- Unmarried children under age 21
- Unmarried children over age 21
- Married children of any age
- Parents (if you are 21 years or older)
- Siblings (if you are 21 years or older)
✓ Green Card Holders Can File I-130 Petition For:
- Spouse
- Unmarried children (any age)
- Cannot sponsor parents or siblings (limited to spouse and children only)
I-130 Petition Beneficiary Eligibility
The person being sponsored (beneficiary) in your I-130 petition must meet these criteria:
- Be a foreign national (not a U.S. citizen)
- Have the qualifying relationship to the petitioner filing the I-130 petition
- Meet admissibility requirements (no criminal history, health issues, etc.)
- Not be subject to bars to immigration
- Have a valid passport or travel document
Your I-130 petition will be denied if the beneficiary is a U.S. citizen, already has a green card, or is not in a qualifying relationship category.
3. Step-by-Step: How to File I-130 Petition in 2025
The process of filing an I-130 petition involves multiple steps. Let\’s walk through each one in detail to ensure you file correctly and efficiently.
Step 1: Determine Your Category for I-130 Petition Filing
Before filing your I-130 petition, you must determine which relationship category applies. This affects processing times, visa availability, and future green card processing for your I-130 petition.
| I-130 Petition Category | Petitioner Type | Processing Time | Visa Availability |
|---|---|---|---|
| Spouse (Immediate Relative) | U.S. Citizen | 10-14 months | Available Immediately |
| Parent (Immediate Relative) | U.S. Citizen, 21+ | 12-18 months | Available Immediately |
| Unmarried Child Under 21 | U.S. Citizen | 10-14 months | Available Immediately |
| F2A – Spouse/Child (Green Card) | Green Card Holder | 18-24 months | Subject to Visa Bulletin |
Step 2: Gather Required Documents for I-130 Petition
Before you submit your I-130 petition, compile all necessary documentation. USCIS will request extensive evidence of your relationship and eligibility to file the I-130 petition.
Step 3: Complete the I-130 Petition Form Accurately
The I-130 petition form is 10+ pages long with complex sections. Here\’s how to complete each part of the I-130 petition:
- Part 1 (Your Information): Enter complete details as the petitioner filing the I-130 petition. Full name, date of birth, current address.
- Part 2 (Beneficiary Information): Provide complete information for the beneficiary in your I-130 petition. This must match their passport exactly.
- Part 3 (Relationship Details): Explain your relationship to the beneficiary. Include dates of key events (marriage, birth, etc.) for your I-130 petition.
- Part 4 (Immigrant Petition): Select the proper category for your I-130 petition (immediate relative, family preference, etc.).
- Part 5 (Declaration): Sign and date your I-130 petition. Both petitioner and beneficiary must sign.
- Part 6 (Attestation): If using an interpreter for I-130 petition completion, include their certification.
Download the most current I-130 petition form from USCIS.gov. Using outdated I-130 petition forms will result in rejection. Always check the version date on your I-130 petition form.
Step 4: Submit Your I-130 Petition
There are now two ways to file your I-130 petition:
Online Filing (USCIS Online Account)
- Create USCIS online account
- Upload your I-130 petition form and supporting documents digitally
- Pay filing fee online ($640 for I-130 petition in 2025)
- Receive receipt number immediately
- Track I-130 petition status in real-time
Paper Filing (Mail-In)
- Print completed I-130 petition form
- Gather all supporting documents for your I-130 petition
- Mail to appropriate USCIS Service Center based on jurisdiction
- Include check or money order for I-130 petition fee
- Receive receipt notice by mail (takes 2-4 weeks for I-130 petition)
Recommendation: Filing your I-130 petition online through USCIS\’s immigration.gov platform is faster, with real-time status updates and fewer delays compared to paper filing for your I-130 petition.
4. Required Documents for I-130 Petition Filing
A complete I-130 petition package requires extensive documentation. Missing documents are the #1 cause of I-130 petition delays and rejections.
Universal Documents (All I-130 Petition Categories)
- Copy of front and back of your state ID or passport for the I-130 petition
- Copy of beneficiary\’s valid passport for the I-130 petition application
- Birth certificate for both petitioner and beneficiary (certified, translated if necessary for I-130 petition)
- Proof of U.S. citizenship (passport, naturalization cert) or green card copy for I-130 petition
- Photos of petitioner and beneficiary (must meet USCIS specifications for I-130 petition)
- Cover letter explaining the I-130 petition and relationship
Spouse-Specific Documents (I-130 Petition as Spouse)
- Marriage certificate (certified copy) for I-130 petition
- Divorce decrees from all previous marriages for I-130 petition
- Death certificates if previous spouse passed away (for I-130 petition)
- Proof of cohabitation or joint living arrangements for I-130 petition (utility bills, lease, bank statements)
- Affidavits from friends/family confirming relationship for I-130 petition
- Joint tax returns or financial documents for I-130 petition (if 2+ years married)
Parent-Specific Documents (I-130 Petition for Parent)
- Your birth certificate showing parent as parent (certified copy for I-130 petition)
- Parent\’s marriage certificate at the time of your birth (for I-130 petition)
- Divorce/death decrees if applicable (for I-130 petition)
- Proof of your U.S. citizenship (for I-130 petition for parent)
5. I-130 Petition Processing Times & Timeline
One of the most common questions about the I-130 petition is: \”How long does it take?\” Processing times for your I-130 petition vary based on your category and location.
Average I-130 Petition Processing Times (December 2025)
| I-130 Petition Category | Current Processing Time | Trend |
|---|---|---|
| Spouse (Immediate Relative) | 10-14 months | Stable |
| Parent (Immediate Relative) | 12-18 months | Slight increase |
| Unmarried Child (Immediate Relative) | 10-16 months | Stable |
| F2A (Green Card Holder Family) | 18-24 months | Increasing |
| F2B (Green Card Holder Sibling) | 4+ years | High backlog |
What Affects I-130 Petition Processing Times?
- Service Center Workload: Each USCIS office has different I-130 petition backlogs
- Document Completeness: Missing documents delay your I-130 petition significantly
- Background Checks: Security and FBI name checks can extend I-130 petition processing
- Visa Availability: Some I-130 petition categories depend on annual visa limits
- Request for Evidence (RFE): If USCIS needs more info on your I-130 petition, it pauses review
Use USCIS Case Status Online at uscis.gov with your receipt number (starting with I-130) to check your petition status. You can also call USCIS at 1-800-375-5283 to inquire about your I-130 petition.
6. Common I-130 Petition Mistakes & How to Avoid Them
USCIS officers review thousands of I-130 petition applications monthly. Certain mistakes appear repeatedly and cause rejections or delays. Here are the most common I-130 petition errors and how to prevent them.
Top 10 I-130 Petition Mistakes
Leaving blank fields, using unclear handwriting, or failing to sign your I-130 petition form are instant rejection triggers. Complete EVERY field on the I-130 petition, even if you need to write \”N/A\” (not applicable).
If your name on the I-130 petition form doesn\’t match your passport or birth certificate exactly, USCIS will request clarification. Ensure all documents show consistent spelling and information for your I-130 petition.
The I-130 petition filing fee is $640 (as of 2025). If you underpay or send the wrong amount, USCIS will reject your I-130 petition. Always verify the current fee on USCIS.gov before paying for your I-130 petition.
USCIS thoroughly investigates relationships mentioned in I-130 petitions. Provide abundant evidence: photos together, emails, letters, financial records, and affidavits. The more documentation for your I-130 petition, the better.
All documents in your I-130 petition not in English must include a certified English translation. Each translation must be signed by a qualified translator certifying accuracy on the I-130 petition.
USCIS updates I-130 petition forms periodically. Using an old form version will result in automatic rejection. Always download the current version from USCIS.gov with the most recent edition date for your I-130 petition.
The I-864 Affidavit of Support is critical for I-130 petitions. Include recent tax returns, pay stubs, bank statements, and employment verification to show you can support the beneficiary mentioned in your I-130 petition.
If you move during your I-130 petition processing, update your address with USCIS immediately. Missed notices about your I-130 petition can result in automatic denials.
USCIS may send requests for more evidence (RFE) on your I-130 petition. Respond promptly (within specified timeframes). Ignoring an RFE on your I-130 petition results in automatic denial.
For spousal I-130 petitions, you must be legally married before filing. For parent I-130 petitions, you must prove the biological relationship. Never file an I-130 petition prematurely.
7. I-130 Petition Cost, Fees & Payment Options
Understanding the total cost of an I-130 petition is important for budgeting. While the filing fee is $640, there are additional costs throughout the family-based immigration process.
I-130 Petition Filing Fee Breakdown
| Fee Type | Cost (2025) | Notes |
|---|---|---|
| I-130 Petition Filing Fee | $640 | Non-refundable, must pay before processing |
| I-485 Application (if applicable) | $640 | Second application after I-130 approval |
| Medical Examination (I-693) | $300-700 | Required for adjustment of status |
| Police Certificate | $0-100 | Varies by country/state |
| Document Translation | $100-300 | Per document, certified required |
Payment Methods for I-130 Petition
If Filing Online I-130 Petition:
- Credit card (Visa, Mastercard, American Express)
- Debit card
- Electronic bank transfer (ACH)
If Filing Paper I-130 Petition:
- Cashier\’s check (preferred for I-130 petition)
- Personal check (must include receipt number on back)
- Money order (must include receipt number on back)
- DO NOT send cash for I-130 petition
If you cannot afford the I-130 petition fee, you may request a fee waiver (Form I-912) or request a fee reduction. To qualify, your household income must be at or below 200% of the federal poverty level for your I-130 petition request.
8. What Happens After I-130 Petition Approval?
I-130 petition approval is a major milestone, but it\’s not the final step. After your I-130 petition is approved, several additional steps must be completed before your beneficiary receives their green card.
Timeline After I-130 Petition Approval
- I-130 Petition Approval Receipt: You receive notice of approval with your priority date
- National Visa Center (NVC) Processing: Case is sent to NVC (takes 1-3 months after I-130 petition approval)
- Beneficiary Payment & Form Submission: Beneficiary completes forms and pays NVC fees (within 6-8 weeks of I-130 petition approval)
- Medical Examination (I-693): Beneficiary schedules and completes USCIS-approved medical exam
- Consular Interview (if applicable): Beneficiary attends visa interview at U.S. consulate or embassy
- Green Card Issuance: Upon approval, beneficiary receives green card
Two Paths After I-130 Petition Approval
Path 1: Adjustment of Status (In U.S.)
If the beneficiary is already in the United States with an I-130 petition approval, they may apply for green card directly without leaving the country.
- File I-485 concurrently with I-130 petition (if eligible)
- File I-485 after I-130 petition approval
- Processing time: 6-12 months for green card after I-485 filing
Path 2: Consular Processing (Outside U.S.)
If the beneficiary is outside the United States, they must process their green card through a U.S. embassy or consulate.
- Case transferred to National Visa Center (NVC) after I-130 petition approval
- Beneficiary completes consular processing forms
- Attend visa interview at U.S. consulate in beneficiary\’s country
- Green card issued upon approval
The I-864 Affidavit of Support must be completed and reviewed before beneficiary can get green card after I-130 petition approval. This document proves the petitioner can financially support the beneficiary.
9. FAQ: I-130 Petition Questions Answered
Here are the most frequently asked questions about the I-130 petition process.
Average processing time for an I-130 petition is 10-24 months depending on the category and USCIS service center workload. Immediate relatives (spouse, parent, unmarried child under 21) typically process faster (10-18 months) than family preference categories.
Yes, you can file separate I-130 petitions for multiple family members simultaneously. However, each I-130 petition requires a separate form, fee ($640 per I-130 petition), and set of supporting documents.
If your I-130 petition is denied, you\’ll receive a detailed denial notice explaining the reason. You may appeal the I-130 petition denial to USCIS (within 30 days) or re-file with corrected information. Consult an immigration attorney if your I-130 petition is denied.
While not required, an immigration attorney can significantly improve your I-130 petition success rate. Attorneys ensure your I-130 petition is complete, properly formatted, and submitted correctly. They also handle Requests for Evidence (RFE) on your I-130 petition.
No. Only U.S. citizens can file I-130 petitions for parents. Green card holders can file I-130 petitions only for spouses and unmarried children. If you want to petition for parents, you must become a U.S. citizen first.
The I-130 petition establishes your right to sponsor family member and their eligibility for green card. The I-485 is the actual application for permanent residence filed AFTER I-130 petition approval. Both are required for green card processing.
The I-130 petition filing fee is $640 in 2025. This is a non-refundable fee. Some individuals qualify for fee waiver (Form I-912) if household income is below 200% of federal poverty level.
If beneficiary is in the U.S., they may apply for work authorization (EAD/I-765) concurrent with I-485 application after I-130 petition approval. Work authorization while I-130 petition is pending (before approval) depends on current visa status of beneficiary.
The most critical documents for I-130 petition approval are: proof of relationship (birth/marriage certificate), proof of U.S. citizenship/green card status of petitioner, and identity documents (passport). Missing these nearly guarantees I-130 petition denial.
You cannot formally amend an I-130 petition after filing. However, you can submit additional evidence or corrections if USCIS requests information via RFE (Request for Evidence). Always respond promptly to any RFE on your I-130 petition.
- An I-130 petition is the critical first step in family-based immigration to the United States
- Only U.S. citizens and green card holders can file I-130 petitions, with limited categories for green card holders
- Processing times for I-130 petitions range from 10-24 months depending on category and service center
- The I-130 petition filing fee is $640 (2025), with additional costs for medical exams, translations, and subsequent applications
- Complete documentation is essential—missing documents are the primary cause of I-130 petition denials and delays
- After I-130 petition approval, beneficiary must complete additional steps (NVC processing, medical exam, interview) before receiving green card
- Consider consulting an immigration attorney to ensure your I-130 petition is filed correctly and completely