A Guide to the I-130: Steps to Family Immigration

The immigration Form I-130, which is also called the Petition for Alien Relative, allows U.S. citizens and permanent residents to apply for green cards for their qualifying family members. These requests are almost always granted as long as a genuine family relationship exists, but just submitting a Form I-130 does not confer any immigration status or benefits. It’s simply the first step in what can be a long process. Let’s take a closer look at the I-130 process.

Qualifying Family Members

Not every relative of a U.S. citizen or permanent resident is eligible to receive a green card. If you are a U.S. citizen, you can complete and submit Form I-130s for your spouse, parents, children and siblings. If you are a permanent resident, you can seek green cards for your spouse and unmarried children. If you want to apply for green cards for several of your qualifying family members, you must complete and submit a separate Form I-130 for each of them. When you submit a Form I-130, the immigration authorities will refer to you as the petitioner and your family member as the beneficiary.

The Importance of Filing a Form I-30 Quickly

If you would like to obtain a green card for a qualifying family member, you should complete and submit a Form I-130 as quickly as possible. This is because the date your Form I-130 is received by the immigration authorities will be your beneficiary’s priority date. This is important because green cards are only issued immediately to the spouses, parents or unmarried children of U.S. citizens. Any other qualifying family member will have to wait in line for a green card, and their place in the line will be determined by their priority date.

Submitting a Form I-130

Completing a Form I-130 is relatively straightforward because only basic information like names, addresses and dates of birth is required. When a Form I-130 is delayed or rejected, it is almost always because the petitioner failed to include the necessary supporting documents. When you submit a Form I-130, you must provide the immigration authorities with documents that establish that you are a U.S. citizen or lawful permanent resident and have a legitimate family relationship with the beneficiary. You will also be asked to provide supporting documents that verify the relationship is valid.

Documents that establish U.S. citizenship of permanent residency include:

• A U.S. birth certificate
• A green card
• A Certificate of Naturalization

Documents that establish a valid family relationship include:

• A marriage certificate if the beneficiary is a spouse
• A birth certificate if the beneficiary is a child

Supporting documents include:

• Bank accounts
• Tax returns
• Affidavits from family members and friends confirming the relationship
• Photographs of you and the petitioner together
• Letters you sent to or received from the beneficiary

If the Beneficiary Is Your Spouse

Green card fraud is quite common, so you can expect your Form I-130 to be scrutinized closely if the beneficiary is your spouse. The immigration authorities will want to verify that your marriage is legitimate, so it’s a good idea to send as much supporting documentation as you can.

Form I-130 Processing Times

If you are a U.S. citizen living in the United States, it will take about 14 months to process your I-130 form. If you are a permanent resident, processing your I-130 form will take about three years. You will have to pay a $675 fee when you submit the form, and you will not be entitled to a refund if your application is denied. If you complete all of the required sections of the form and provide enough supporting documents, your application will very likely be approved.