Form I-130, Petition for Alien Relative
By Vekyo Editorial Team · Last reviewed: October 3, 2026 · Not reviewed by a legal professional
Direct answer
Form I-130 is how a U.S. citizen, lawful permanent resident or U.S. national establishes a qualifying relationship with an eligible relative. USCIS states that filing or approving it does not give the relative any immigration status or benefit.
What Form I-130 is for
USCIS describes Form I-130 as the form a petitioner uses when they are a U.S. citizen, lawful permanent resident, or U.S. national who is not a U.S. citizen, and need to establish a qualifying relationship with an eligible relative who wants to seek permanent residence.[1]
Who files, and for whom
The petitioner files the form, not the relative. Which relatives can be petitioned for depends on whether the petitioner is a citizen or a permanent resident. Immediate relatives of a citizen are the spouse, the unmarried child under 21 and a parent (if the citizen is 21 or older). A permanent resident can petition for a spouse or unmarried child under family preference category F2A, or an unmarried son or daughter 21 or older under F2B.[3], [4]
USCIS adds that the I-130 instructions explain certain relationships that cannot be petitioned for. If your situation is unusual, read the instructions for the current edition.[2]
How it is filed
USCIS offers two options: file online through the USCIS website, or file by mail at the lockbox that applies to the petitioner's residence and circumstances. For an immediate relative who is eligible to adjust status in the United States, USCIS says Form I-485 can be filed at the same time as the I-130 or later.[1], [2], [3]
Evidence to include
- Proof of the petitioner's U.S. citizenship or permanent resident status
- Evidence of the family relationship, such as a marriage certificate or a birth certificate
- For a spouse, evidence that the marriage is genuine, such as joint financial records, a shared lease, children's birth certificates, or affidavits
- Passport-style photographs as the instructions specify
- A certified English translation of any document in another language
Form I-130 compared with Form I-485
| Form I-130 | Form I-485 | |
|---|---|---|
| Filed by | The U.S. citizen or permanent resident (the petitioner) | The person applying for the green card |
| Purpose | Establish the qualifying family relationship | Apply for permanent resident status from inside the United States |
| Does it grant status? | No, according to USCIS | Approval is the step that grants permanent resident status |
What happens next
USCIS sends the petitioner a receipt notice. USCIS explains that what follows depends on visa availability and on where the relative is: adjustment of status inside the United States, or consular processing abroad. For an immediate relative, visas are always available; for a preference category the priority date comes into play.[1], [3], [6]
Fees
USCIS does not list the I-130 fee on the form page itself. It points to its fee schedule, which is where to confirm the current fee before you file.[1], [7]
Forms mentioned
- I-130
- I-485
Frequently asked questions
Who files Form I-130?
The petitioner files it: a U.S. citizen, lawful permanent resident, or U.S. national who is not a U.S. citizen, according to USCIS. The relative being petitioned for does not file it.
Can a green card holder file for a spouse?
Yes. USCIS says lawful permanent residents may petition for eligible relatives, and it places spouses of permanent residents in family preference category F2A. Visa availability in that category depends on the priority date, so the Visa Bulletin matters.
Does approval mean my relative can work or live in the U.S.?
No. USCIS states that the filing or approval of the petition does not give the relative any immigration status or benefit.
Where do I find the current I-130 fee?
USCIS directs filers to its fee schedule page. Fees can change, so check it at the time you file.
Related guides
- Green Card Through Marriage to a U.S. Citizen — Green card through marriage
- Form I-485, Application to Adjust Status — Form I-485
- How to Read the Visa Bulletin — How to read the Visa Bulletin
- Getting a Green Card: Routes, Forms and Visa Availability — Green card
When to consider speaking with an immigration attorney
Immigration outcomes depend on individual facts that a general guide cannot see. Consider speaking with a licensed immigration attorney if your history includes prior denials, unlawful presence, criminal charges, a deadline you may have missed, or anything else you are unsure how the rules treat. This page is general information, not legal advice.
Sources checked
Official sources this page was written from, in order of authority. See our sources policy.
[1] I-130, Petition for Alien Relative
USCIS · Official source · Checked October 3, 2026 · Source last updated July 24, 2026
Supports: purpose, who may file, what the petition does not do, filing methods, evidence, receipt notice, fees on the fee schedule
[2] Form I-130/I-130A, Instructions for Petition for Alien Relative
USCIS · Official source · Checked October 3, 2026 · Source last updated May 19, 2026
Supports: certified translations; limits on who can be petitioned for; evidence examples; concurrent filing
[3] Green Card for Immediate Relatives of U.S. Citizen
USCIS · Official source · Checked October 3, 2026 · Source last updated January 30, 2026
Supports: definition of immediate relatives; unlimited visas; concurrent or sequential filing
[4] Green Card for Family Preference Immigrants
USCIS · Official source · Checked October 3, 2026 · Source last updated July 8, 2025
Supports: categories F2A and F2B for relatives of permanent residents
[5] I-485, Application to Register Permanent Residence or Adjust Status
USCIS · Official source · Checked October 3, 2026 · Source last updated September 18, 2026
Supports: Form I-485 purpose, for the comparison
[6] Visa Availability and Priority Dates
USCIS · Official source · Checked October 3, 2026 · Source last updated January 24, 2025
Supports: priority dates apply to preference categories
USCIS · Official source · Checked October 3, 2026 · Source last updated October 1, 2026
Supports: fees can change; where to find them
Page history
- — Initial publication.
Written by the Vekyo Editorial Team. Read our editorial policy. Please also read the immigration disclaimer.