How to File I-130 2026 — Complete Petition Guide →
How to Fill I-130 Petition (Family-Based Green Card) — 2026 Step Guide
Complete instructions for sponsoring family members for US permanent residency
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What is Form I-130 & Who Can File
Form I-130 (Petition for Alien Relative) is the official USCIS form you file to sponsor a family member for a US green card. It\’s the foundation of family-based immigration.
- Purpose: Establish that a family relationship exists and that you can financially support them
- Who Files: US Citizens or Lawful Permanent Residents (Green Card holders)
- Cost: $640 filing fee (as of 2026)
- Processing: 6–18 months for immediate relatives; 2–7+ years for preference categories
- Outcome: I-797 Approval Notice, then your relative proceeds to green card interview
Who Can File I-130 (Petitioner Eligibility)
- US Citizens: Can sponsor spouse, unmarried children (any age), married children, parents, siblings
- Green Card Holders (LPRs): Can sponsor spouse and unmarried children only (more limited)
- Age Requirement: Petitioner must be 18+ years old
- Financial Requirement: Must prove you can support beneficiary (Form I-864, Affidavit of Support)
Who Can Be Sponsored (Beneficiary)
- Spouse of US Citizen: Any age, any nationality (immediate relative)
- Children of US Citizen: Unmarried, under 21 (immediate); over 21 (F1 preference); married (F3 preference)
- Parents of US Citizen: If citizen is 21+ (immediate relative)
- Siblings of US Citizen: Adult siblings (21+) under F4 preference category
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Why File I-130?
Without I-130 approval, your family member cannot proceed to green card interview. It\’s the legal document that establishes:
- The family relationship is genuine (not fraudulent)
- You have the financial means to support them (won\’t become public charge)
- They\’re eligible in their category
Immediate Relatives vs. Family Preference Categories
This is critical: your family member\’s category determines processing time, visa availability, and eligibility. Two completely different timelines.
Immediate Relatives (FASTEST – Unlimited Quota)
Immediate Relative Advantage: No annual visa quota. When your I-130 is approved, a visa is immediately available. This is why immediate relatives get green cards faster (6–18 months vs. 2–7+ years).
Family Preference Categories (SLOWER – Annual Quotas)
| Category | Relationship | Petitioner | Processing Time |
|---|---|---|---|
| F1 | Unmarried adult children (21+) | US Citizen | 3–5 years |
| F2A | Spouse & children of LPR | Green Card Holder | 1–2 years |
| F2B | Unmarried children (21+) of LPR | Green Card Holder | 4–6 years |
| F3 | Married children & families of US Citizen | US Citizen | 5–7+ years |
| F4 | Siblings of US Citizen (21+) | US Citizen | 6–8+ years |
Step-by-Step I-130 Form Instructions (Complete Guide)
Here\’s exactly how to fill out and file your I-130 petition. This guide covers all parts and sections.
Determine Your Relationship Category & Verify Eligibility
Before filing anything, confirm:
- You are a US Citizen or Green Card Holder (petitioner)
- Your family member meets the category definition (spouse, child, parent, sibling)
- Your family member is not deportable or ineligible
- The family relationship is genuine (not fraudulent)
Action: Write down: \”I am a [US Citizen/Green Card Holder] petitioning for my [spouse/child/parent/sibling]\”
Gather Required Supporting Documents
Different documents needed by relationship type. USCIS is strict about missing documents = delays.
- All: Copy of birth certificate, passport (photocopy), police clearance
- Spouse: Marriage certificate (original or certified copy)
- Child: Birth certificate, adoption papers (if applicable)
- Parent: Birth certificate proving relationship
- Sibling: Birth certificate of both sibling and petitioner proving same parents
- Petitioner: Copy of green card/passport, US birth certificate or naturalization certificate
Action: Create a folder with all documents translated to English (certified by translator if needed)
Download & Review Form I-130 (Current 2026 Version)
Get the official form from USCIS.gov/forms. The form has 4 main parts:
- Part 1: Type of petition (relationship category)
- Part 2: Petitioner information (YOU)
- Part 3: Beneficiary information (family member)
- Part 4: Beneficiary address & contact
Action: Print the form. Read instructions completely BEFORE filling out.
Complete Part 1: Type of Petition (Relationship Category)
Check the correct box:
- ☐ Immediate Relative of US Citizen
- ☐ Spouse
- ☐ Child
- ☐ Parent
- ☐ Preference Category Relative
- ☐ F1 (Unmarried child 21+)
- ☐ F2A (Spouse/children of LPR)
- ☐ F3 (Married child)
- ☐ F4 (Sibling)
Action: Use the category table from Section 2 above to identify yours. Check ONE box only.
Complete Part 2: Petitioner Information (YOU)
Fill in your information EXACTLY as it appears on official documents:
- Full legal name (first, middle, last)
- Date of birth (MM/DD/YYYY)
- Country of birth
- A-Number (if you have green card)
- Current immigration status (US Citizen, Permanent Resident, etc.)
- Date you became US Citizen or got green card
- Current address
- Daytime phone
Action: Have your birth certificate, passport, and naturalization/green card available while filling.
Complete Part 3: Beneficiary Information (Family Member)
Fill in your family member\’s information EXACTLY as shown on their passport:
- Full legal name (first, middle, last) – MUST match passport
- Date of birth (MM/DD/YYYY)
- Country of birth
- Country of residence
- Passport number & country
- National ID number (if applicable in their country)
- Marital status
Critical: Name inconsistencies = application rejected. Use exact name from passport.
Include Proof of Relationship & Supporting Documents
Attach the documents you gathered in Step 2. USCIS requires originals or certified copies.
- All cases: Copy of your immigration status document (passport/green card/naturalization cert)
- Spouse: Original or certified marriage certificate
- Child: Original or certified birth certificate + adoption decree (if applicable)
- Parent: Original or certified birth certificate proving you\’re their child
- Sibling: Original or certified birth certificates of both
Action: Organize documents in order. Create a cover letter listing all documents included. Number them.
Pay Filing Fee ($640) & Submit Application
As of 2026, the I-130 filing fee is $640 (subject to change). Pay by:
- Check or money order (made out to \”U.S. Department of Homeland Security\”)
- Credit/debit card (if filing online through USCIS portal)
Submit to:
- If family member is OUTSIDE US: USCIS Service Center (varies by state) – check USCIS.gov for your location
- If family member is INSIDE US: File with Adjustment of Status (Form I-485) together
Action: Make 3 copies of entire application (2 for USCIS, 1 for you). Send via certified mail with tracking.
Track Application & Receive I-797 Approval Notice
After submission:
- USCIS sends receipt notice (I-797-C) with case number within 1-2 weeks
- Track case at USCIS.gov using Receipt Number
- Wait for approval notice (I-797) – processing time: 6–18 months (immediate) or 2–7+ years (preference)
- I-797 approval = family member can proceed to consular interview or adjustment of status
Action: Save case number. Check status monthly on USCIS website.
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Required Documents for I-130 (Complete Checklist)
USCIS rejects applications for missing documents. Use this checklist before submitting.
Documents Required for ALL I-130 Cases
- ☐ Completed Form I-130 (signed and dated)
- ☐ Photocopy of petitioner\’s immigration status (passport, green card, naturalization certificate)
- ☐ Photocopy of beneficiary\’s passport
- ☐ Police clearance from beneficiary\’s country of residence (last 5 years)
- ☐ Medical examination (Form I-693) – done after I-130 approval, before consular interview
- ☐ I-864 Affidavit of Support (proving financial ability to support beneficiary)
Additional Documents by Relationship Type
For Spouse:
- ☐ Original or certified marriage certificate
- ☐ Divorce decree(s) if either party was previously married
- ☐ Death certificate if former spouse is deceased
- ☐ Evidence of common household (lease, mortgage, joint bank account)
- ☐ Form I-130A Supplement (additional spouse information form)
For Child:
- ☐ Original or certified birth certificate
- ☐ Adoption decree (if applicable)
- ☐ Death certificate of other parent (if deceased)
For Parent:
- ☐ Original or certified birth certificate of petitioner (proving parent-child relationship)
- ☐ Marriage certificate of parents
For Sibling:
- ☐ Original or certified birth certificates of both sibling and petitioner (proving same parents)
- ☐ Marriage certificate of parents
Form I-130A Supplement (For Spouses Only)
If petitioner is sponsoring a spouse, you ALSO file Form I-130A with your I-130. This form collects additional biographical information about the spouse.
- Spouse\’s full name and aliases
- Spouse\’s previous addresses (last 5 years)
- Spouse\’s employment history
- Children from previous relationships
I-130 Processing Time & Visa Priority Dates Explained
- Immediate Relatives: 6–18 months typically (no visa waiting)
- Family Preference F1: 3–5 years
- Family Preference F2A: 1–2 years
- Family Preference F2B/F3/F4: 4–8+ years (varies by country)
Understanding Visa Priority Dates
Critical concept: For preference categories (not immediate relatives), your case has TWO dates:
- Priority Date: Date USCIS receives your I-130 petition
- Visa Availability Date: When visa quota becomes available (varies annually)
Your case only proceeds after BOTH dates pass. This is why preference categories take 2–8+ years.
How Visa Bulletin Works (Priority Dates)
USCIS publishes a monthly \”Visa Bulletin\” showing which priority dates are current. Example:
- Visa Bulletin says: \”F4 (Sibling) visa available for priority dates of January 2015\”
- Your priority date: March 2016
- Result: WAIT. Your case won\’t process until Bulletin advances to March 2016
Check Visa Bulletin monthly at USCIS.gov to track your relative\’s progress.
![\"I-130](\"https://images.unsplash.com/photo-1552664730-d307ca884978?w=1200&h=600&fit=crop\")
Country-Specific Wait Times (Approximations for 2026)
| Country | F1 (Unmarried Child 21+) | F4 (Sibling) |
|---|---|---|
| Mexico | 8+ years | 20+ years |
| Philippines | 10+ years | 15+ years |
| India | 3–5 years | 8–12 years |
| China | 5–7 years | 10+ years |
| Europe/Canada | 2–3 years | 3–5 years |
Note: These are approximations. Visa Bulletin determines actual waits. Some countries have no wait; others have multi-decade backlogs.
After I-130 Approval: What Happens Next
I-130 approval is the first milestone, not the final step. Here\’s what comes next:
Step 1: I-130 Approval Notice (I-797)
USCIS sends you an official approval notice with:
- I-130 case number
- Priority date
- Your family member\’s quota status
- Next steps (consular processing vs. adjustment of status)
Step 2: Two Paths to Green Card
Path A: Consular Processing (Family Member Outside US)
If your family member is ABROAD:
- I-130 approval forwarded to US Embassy/Consulate in their country
- Embassy contacts beneficiary for interview appointment
- Medical examination (Form I-693)
- Background check & security clearance
- Consular interview (~30 minutes)
- Green card issued at interview or mailed
- Total time: 2–6 weeks after I-130 approval
Path B: Adjustment of Status (Family Member Already in US)
If your family member is ALREADY in US (on valid visa or waiting for visa status):
- File Form I-485 (Adjustment of Status) simultaneously or after I-130 approval
- Medical examination, background check, biometrics
- USCIS interview in US (not at embassy)
- Green card issued by mail after approval
- Total time: 4–8 months after I-485 filing
Step 3: Medical Exam & Background Check
- Medical: Chest X-ray, blood tests (TB, syphilis, HIV), vaccination verification
- Background: FBI criminal check, security clearance, deportability screening
- Cost: Medical ~$300–500, paid by beneficiary
Step 4: Green Card Interview
- Immigration officer reviews case
- Asks questions about family relationship (prove it\’s genuine)
- Asks about financial support (prove you can support them)
- Approves or denies (most cases approved at interview)
Step 5: Green Card Receipt
- Physical green card mailed to family member\’s US address (or given at interview)
- Valid for 10 years
- Can work, travel, study in US
- Path to US citizenship after 3–5 years (varies by category)
Common I-130 Mistakes & How to Avoid Them
- ❌ Mistake: Using nickname or anglicized name on I-130 (petitioner or beneficiary)
✓ Fix: Use EXACT legal name from birth certificate/passport. Inconsistencies cause rejections and delays. - ❌ Mistake: Filing wrong category (thinking someone is immediate relative when they\’re preference)
✓ Fix: Review Section 2 category table BEFORE filing. Consult immigration attorney if unsure. - ❌ Mistake: Not including certified English translations of foreign documents
✓ Fix: Every non-English document needs certified translation + translator\’s affidavit. - ❌ Mistake: Incomplete Affidavit of Support (Form I-864) – proving financial ability
✓ Fix: Include tax returns, W-2s, bank statements, employment letter proving income >125% federal poverty level. - ❌ Mistake: Missing original/certified relationship documents (marriage cert, birth cert)
✓ Fix: Get original documents or certified copies from vital records office BEFORE filing. - ❌ Mistake: Filing I-130 without verified eligibility (beneficiary has criminal record, deportation history, etc.)
✓ Fix: Consult immigration attorney FIRST if beneficiary has any legal issues. Some issues bar green card eligibility.
Frequently Asked Questions (FAQ)
No. Only US Citizens can sponsor parents. Green card holders can only sponsor spouse and unmarried children. This is a major difference between citizenship and permanent residency. One reason to pursue naturalization.
Spouse is immediate relative (fastest category). Typical I-130 processing: 6–12 months. After approval, consular interview or adjustment of status: 2–6 weeks additional. Total: 8–15 months typically to get green card.
Priority date = date USCIS receives your I-130. For preference categories (not immediate relatives), you can\’t proceed until visa is available for your priority date. Check Visa Bulletin monthly. This is why F4 (sibling) can take 10–20+ years.
If your family member is in the US, they can apply for work permit (Form I-765, EAD) while I-485 is pending. Once I-485 is filed, they can work legally. If abroad, they cannot work until green card is issued.
Depends on their status. If they entered without inspection (no visa), they may have to leave US for visa interview (consular processing), which triggers 3–10 year bar for re-entry. Consult immigration attorney before filing. Options exist but complicated.
I-130 filing: $640. I-485 (Adjustment): $640. Green card replacement: $85. Medical exam: $300–500. Total USCIS fees: ~$2,000. Immigration attorney (if hired): $1,000–3,000. No fees required for consular processing if family member is abroad.
Yes, but separate I-130 forms required for each person. If sponsoring spouse + children, file separate petitions (one I-130 per person). Fees stack up. Each person needs their own case number and timeline.
Ready to Sponsor Your Family Member?
Download our free I-130 Petition Checklist 2026
Includes: complete document list, timeline tracker, relationship proof templates, fee guide
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