How to file Form I-130 for a qualifying relative

Form I-130 does not grant immigration status by itself

USCIS uses Form I-130 to decide whether a qualifying family relationship exists. Approval does not itself give the beneficiary a Green Card, a visa, lawful status, or employment authorization. The beneficiary normally needs a separate immigrant-visa or adjustment-of-status step when eligible.

1. Confirm who may file the petition

A U.S. citizen may file a separate Form I-130 for an eligible spouse, child, son or daughter, parent, or sibling, subject to the relationship and age rules in the current instructions. A lawful permanent resident may file for a spouse and for an unmarried child, son, or daughter. A U.S. citizen generally must be at least 21 to petition for a parent or sibling.

USCIS also explains that certain non-citizen U.S. nationals may petition for qualifying relatives under rules similar to lawful permanent residents. Do not assume that every extended family relationship qualifies.

2. Identify the beneficiary's family category

Immediate relatives of U.S. citizens include a spouse, an unmarried child under 21, and a parent when the U.S. citizen petitioner is at least 21. Other qualifying relatives fall into family-sponsored preference categories that are subject to annual visa limits.

The category matters because it controls whether an immigrant visa is immediately available or whether the beneficiary may need to wait for a priority date to become current. For preference cases, use the Department of State Visa Bulletin and USCIS's monthly adjustment-of-status filing-chart guidance rather than relying on an old cutoff date.

3. Prepare evidence of the petitioner's status and the relationship

The filing must establish the petitioner's qualifying U.S. citizenship, lawful permanent residence, or other eligible status and the claimed family relationship. The exact evidence depends on whether the beneficiary is a spouse, child, parent, or sibling and can include civil records, prior-marriage termination records, adoption or legitimation evidence, and other documents identified in the current instructions.

Documents in a language other than English generally require a complete certified English translation under USCIS rules. Submit copies unless USCIS specifically requests an original.

4. If filing for a spouse, include Form I-130A

For a spouse beneficiary, USCIS requires Form I-130A, Supplemental Information for Spouse Beneficiary, with Form I-130. The spouse beneficiary must complete the requested information. If the spouse lives overseas, Form I-130A still must be completed, but the spouse does not have to sign it.

Marriage cases also require evidence that the marriage is legally valid and, when USCIS requires it, evidence showing that the marriage was entered in good faith rather than only to obtain an immigration benefit.

5. Choose online or paper filing when available

USCIS permits general Form I-130 filing online or on paper. An online account can guide payment and submission, but filing I-130 online does not mean every later form can be filed online or that a separate beneficiary application is automatically created.

For a paper filing, use the live USCIS filing instructions for the petitioner's situation immediately before mailing. Filing locations can depend on whether another form is filed at the same time and can change; do not reuse a Lockbox address from an old copy.

6. Verify the fee immediately before filing

As reviewed August 29, 2026, USCIS Form G-1055 lists the general I-130 fee as $625 when filed online and $675 when filed on paper. Verify the current fee schedule on the filing date because USCIS fees and special filing categories can change. Submit the correct fee using a method USCIS currently accepts for the filing channel.

7. Understand what happens after I-130

If USCIS accepts the petition, it issues a receipt notice and later adjudicates whether the qualifying relationship is established. USCIS may request additional evidence. An approval notice establishes the petition; it does not by itself complete permanent residence.

If the beneficiary will seek an immigrant visa abroad, an approved petition generally moves into Department of State consular processing when a visa is available. If the beneficiary is in the United States and qualifies to adjust status, Form I-485 is a separate application. Some immediate relatives of U.S. citizens, and some preference applicants when a visa is immediately available, may be able to file Form I-485 concurrently with or while Form I-130 is pending. Eligibility for adjustment depends on more than an approved family petition.

8. Keep addresses and case information current

Use the USCIS case-status tools with the receipt number and follow every notice. If the petitioner or beneficiary changes address, use the correct USCIS or Department of State process for the stage of the case. A beneficiary who is processing an immigrant visa abroad may need to update the National Visa Center rather than relying only on a USCIS address change.

9. Get authorized help when the case is legally complex

Prior immigration violations, removal proceedings, criminal history, prior marriage petitions, questions about whether a relationship qualifies, or possible inadmissibility issues can require individualized legal analysis. Only an authorized attorney or a Department of Justice–accredited representative should provide immigration legal advice.

File Form I-130 for a qualifying relative