I-130 Family-Based Petition Guide

How U.S. citizens and permanent residents can sponsor family members for green cards

The I-130 is the first step in family-based immigration. It establishes the relationship between the petitioner (sponsor) and beneficiary (family member). After approval, beneficiaries wait for a visa number to become available based on their relationship category and country of origin.

At a Glance

Petition Type: Family-based immigrant
Who Can File: U.S. citizens & permanent residents
Processing: 12-24 months (I-130 only)
Total Timeline: 1-20+ years depending on category
Next Step: DS-260 (consular) or I-485 (adjustment)

What is Form I-130?

Form I-130 (Petition for Alien Relative) is used by U.S. citizens and lawful permanent residents (green card holders) to establish the relationship with a family member who wishes to immigrate to the United States. Approval of the I-130 does not grant immigration status - it's the first step that establishes eligibility.

Who Can File I-130?

U.S. Citizens Can Sponsor:

• Spouse
• Unmarried children (under 21)
• Unmarried children (21 or older)
• Married children (any age)
• Parents (if sponsor is 21+)
• Siblings (if sponsor is 21+)

Permanent Residents Can Sponsor:

• Spouse
• Unmarried children (any age)
• Cannot sponsor parents, married children, or siblings

Immediate Relatives vs Family Preference

Immediate Relatives (No Wait)

Unlimited visas available. No waiting for priority date.

• Spouse of U.S. citizen
• Unmarried child (under 21) of U.S. citizen
• Parent of U.S. citizen (sponsor must be 21+)

Family Preference (Wait Required)

Limited visas. Must wait for priority date to become current.

• F1: Unmarried adult children of U.S. citizens
• F2A: Spouse/children of permanent residents
• F2B: Unmarried adult children of permanent residents
• F3: Married children of U.S. citizens
• F4: Siblings of U.S. citizens

Wait Times: Family preference categories can have wait times ranging from 2-3 years (F2A) to 15-20+ years (F4 from certain countries). Check the monthly Visa Bulletin for current priority dates.

I-130 Processing Timeline

Standard Processing: 12-24 months (varies by USCIS service center)
After I-130 Approval: Wait for priority date to become current (family preference only)
Next Step: Consular processing (DS-260) or adjustment of status (I-485)
Total Timeline: 1-20+ years depending on category and country

Required Documents

Proof of petitioner's U.S. citizenship or permanent residency
Proof of relationship (marriage certificate, birth certificate, etc.)
Passport-style photos of beneficiary
For spouses: Evidence of bona fide marriage (joint accounts, photos, lease, etc.)
Divorce decrees or death certificates (if applicable)

After I-130 Approval: Next Steps

If Beneficiary is Outside the U.S.:

Apply for immigrant visa through consular processing (DS-260) at U.S. embassy/consulate in their home country.

If Beneficiary is in the U.S.:

File Form I-485 (Adjustment of Status) to get green card without leaving the U.S. (if eligible and visa number available).

Common Reasons for I-130 Denial

Insufficient proof of relationship
Fraudulent marriage (lack of evidence of bona fide marriage)
Petitioner not a U.S. citizen or permanent resident
Previous immigration violations by beneficiary
Incomplete or missing documentation

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