Form I-130 (Petition for Alien Relative)
Updated May 2026
Form I-130, Petition for Alien Relative, is the USCIS petition a U.S. citizen or lawful permanent resident files to establish a qualifying family relationship with a foreign-born relative. Approval starts the green card process but does not grant any immigration status by itself.
What is Form I-130?
Form I-130 is the foundational petition for almost every family-based green card. It is filed with U.S. Citizenship and Immigration Services (USCIS) by a sponsoring U.S. citizen or lawful permanent resident. Its only legal job is to prove, to USCIS's satisfaction, that the petitioner has a qualifying family relationship with the foreign-born beneficiary. The petition does not by itself give the beneficiary any work permit, travel permission, or right to live in the United States. The official form, instructions, and current edition are published at uscis.gov/i-130.
Who uses Form I-130?
Only two categories of petitioners can file Form I-130:
- U.S. citizens (USCs) may petition for a spouse, unmarried children of any age, married children of any age, parents (if the petitioner is 21 or older), and siblings (if the petitioner is 21 or older).
- Lawful permanent residents (LPRs) may petition only for a spouse and unmarried children of any age. LPRs cannot petition for parents, siblings, or married children. To sponsor those relatives, the LPR must naturalize first.
The relationship the petitioner has with the beneficiary maps to a specific visa category (Immediate Relative, F1, F2A, F2B, F3, or F4) that controls how long the beneficiary will wait for an immigrant visa number under the monthly Visa Bulletin.
What Form I-130 does NOT do
This is the most common misconception about the I-130. It is a relationship establisher, not a green card. Specifically, an approved I-130:
- Does not grant lawful status to the beneficiary;
- Does not authorize the beneficiary to work in the U.S.;
- Does not authorize the beneficiary to travel into or out of the U.S.;
- Does not put the beneficiary in line for citizenship.
Instead, an approved I-130 fixes a priority date and routes the case to the next step, which is either adjustment of status (Form I-485) inside the U.S. or consular processing at a U.S. embassy or consulate abroad.
Filing fee (2026)
As of 2026, the Form I-130 filing fee is $675 when filed by paper and $625 when filed online through a myUSCIS account. This pricing has been in effect since the April 1, 2024 USCIS fee rule. USCIS adjusts fees periodically, so always verify the current amount on the official form page at uscis.gov/i-130 the same week you mail or e-file. Paper checks are payable to "U.S. Department of Homeland Security," written out in full. Abbreviations like "DHS" or "USDHS" cause rejection.
Where to file Form I-130
Form I-130 is routed to one of several USCIS Lockbox facilities (in Phoenix, Dallas, or Chicago, as of May 2026) based on the petitioner's state of residence and whether the filing is stand-alone or concurrent with Form I-485. Many petitioners can also file electronically through my.uscis.gov, which removes routing risk and provides built-in receipt tracking. Verify the correct lockbox address at uscis.gov/i-130 right before mailing, because USCIS changes addresses without much advance notice.
Processing timeline
Processing varies dramatically by relationship and service center workload. As of May 2026, realistic ranges are:
- Immediate Relatives (spouse, unmarried minor child, or parent of a U.S. citizen): typically 12 to 18 months.
- F2A (spouse and unmarried minor child of an LPR): roughly 18 to 30 months, including Visa Bulletin movement.
- F1, F2B, F3, F4 preference categories: the I-130 itself often approves in 1 to 2 years, but the beneficiary then waits for visa availability. F4 sibling cases commonly wait 13 to 20 years or more.
Check live processing times for your service center at egov.uscis.gov/processing-times, and check the current monthly Visa Bulletin at travel.state.gov.
Related forms
An I-130 almost never travels alone. Depending on the path the case takes, you will likely also encounter:
- Form I-130A, Supplemental Information for Spouse Beneficiary. Required whenever the beneficiary is your spouse.
- Form I-485, Application to Register Permanent Residence or Adjust Status. Filed inside the U.S. when the beneficiary is eligible to adjust.
- Form I-864, Affidavit of Support. The sponsor's legally enforceable promise to financially support the immigrant.
- Form I-864A, Contract Between Sponsor and Household Member. Used when the sponsor needs to pool income with a qualifying household member.
- Form I-693, Report of Medical Examination and Vaccination Record. Completed by a USCIS-designated civil surgeon.
After approval
Once USCIS approves the I-130, the case moves to one of two tracks:
- Consular processing. If the beneficiary is outside the United States, USCIS forwards the approved petition to the National Visa Center (NVC). The NVC collects the immigrant visa application (DS-260), the I-864 affidavit of support, civil documents, and fees, then schedules a consular interview at the appropriate U.S. embassy or consulate.
- Adjustment of status. If the beneficiary is in the U.S. and a visa number is available, they can file Form I-485 to adjust to lawful permanent resident status without leaving the country. For Immediate Relatives, the I-485 can be filed concurrently with the I-130.
Common pitfalls
- Skipping I-130A in spouse cases. If the beneficiary is your spouse, the package is incomplete without Form I-130A.
- Wrong or outdated fee. USCIS rejects underpayments, overpayments, and checks made out to "DHS" or otherwise abbreviated.
- Thin marriage evidence. Spousal I-130s are the most heavily scrutinized. Plan for joint financials, joint housing, photos across time, travel records, and corroborating affidavits.
- Prior marriages not legally ended. USCIS requires final divorce decrees or death certificates for every prior marriage of either spouse.
- Inconsistent names and dates. Mismatches between the I-130, I-130A, passport, and birth certificate trigger Requests for Evidence.
- Wrong lockbox. Mailing to an outdated address results in rejection and the loss of your priority date.
Frequently asked questions
Is Form I-130 the same as a green card?
No. Form I-130 only establishes a qualifying family relationship and assigns a priority date. The beneficiary still has to apply for the green card separately, either through adjustment of status (Form I-485) inside the U.S. or consular processing abroad.
How much does Form I-130 cost in 2026?
The USCIS filing fee is $675 by paper and $625 online as of 2026. USCIS occasionally updates fees, so confirm the current amount at uscis.gov/i-130 before mailing. Sending the wrong amount results in rejection and loss of your priority date.
Can I file Form I-130 online?
Yes. Most petitioners can file Form I-130 through a free myUSCIS account at my.uscis.gov. Online filing gives you receipt tracking, evidence uploads, and a lower $625 fee. Paper filing remains available and is required for certain edge cases.
Can I file I-130 and I-485 at the same time?
Yes, if the beneficiary is an Immediate Relative of a U.S. citizen (or another category with a current priority date) and is already in the U.S. in valid status, you can file Form I-130 and Form I-485 concurrently. USCIS typically adjudicates them together.
Who can file Form I-130 for a parent?
Only U.S. citizens who are at least 21 years old can petition for a parent. Lawful permanent residents cannot petition for parents at all. If you are an LPR who wants to sponsor a parent, you generally must naturalize first.
What is the priority date on a Form I-130?
The priority date is the date USCIS receives a properly filed Form I-130. It holds the beneficiary's place in line in numerically limited categories (F1, F2A, F2B, F3, F4). Immediate Relatives are not numerically capped, so the priority date matters less.
Go deeper
For a step-by-step walkthrough of every required document, fee, and timeline, read our deep guide: Form I-130 Step-by-Step Filing Guide. To see how Form I-130 fits into the broader family-based green card process, visit the pillar overview: Family Petition & Adjustment of Status. You can also return to the Immigration Glossary hub to look up other terms.
Talk to a Claxton Law immigration attorney
Form I-130 is the foundation of every family-based green card. If your situation involves a complex marriage history, prior immigration violations, criminal record, or age-out concerns, get experienced eyes on the case before you file.