Form I-130 Guide 2026: Fees, Evidence and Processing Steps

Note: beneficiaries who plan to complete immigrant visa processing at a consulate abroad should watch a proposed $100,000 bond requirement the State Department is weighing for certain green card applicants — no rule has been finalized yet.

Form I-130, officially called the Petition for Alien Relative, starts most family-based green card cases. The petitioner uses it to prove that a qualifying family relationship exists between the petitioner and the foreign national beneficiary.

An approved I-130 establishes the family-based immigrant classification and, in preference categories, preserves the beneficiary’s priority date. It does not independently grant permanent residence or authorize the beneficiary to enter, remain, travel, or work in the United States.

The beneficiary must complete a second immigration process after or together with the petition. A person applying inside the United States may use Form I-485 adjustment of status when eligible. A beneficiary abroad normally completes immigrant visa processing through the National Visa Center and a U.S. embassy or consulate.

Last reviewed: July 28, 2026
Official form source: USCIS Form I-130
Official fee source: USCIS Form G-1055 Fee Schedule

USCIS can change form editions, filing addresses, fees and submission requirements. Verify the official I-130 page immediately before filing.

What Form I-130 Does

USCIS uses Form I-130 to determine whether the petitioner has the required immigration status and whether a legally qualifying family relationship exists.

USCIS approval can accomplish several things:

• Recognize the qualifying relationship between the petitioner and beneficiary.
• Classify the beneficiary as an immediate relative or family-preference immigrant.
• Establish a priority date for a numerically limited preference category.
• Allow an eligible adjustment-of-status case to proceed.
• Permit USCIS to transfer an approved consular-processing petition to the National Visa Center.

Form I-130 does not determine every issue involved in obtaining permanent residence. USCIS or a consular officer must later review admissibility, financial sponsorship, medical requirements, criminal or immigration history, identity documents and other green card requirements.

What I-130 Approval Does Not Provide

• A green card.
• A nonimmigrant visa or immigrant visa.
• Lawful immigration status while the petition remains pending.
• Protection from removal proceedings.
• Employment authorization.
• Advance parole or permission to travel.
• Automatic forgiveness of unlawful entry, unlawful presence or unauthorized employment.
• A guarantee that the beneficiary will qualify for adjustment of status or consular processing.

A beneficiary should not remain in the United States beyond an authorized stay solely because a relative filed Form I-130. A pending or approved petition does not replace an independent lawful status.

Who Can File Form I-130?

The petitioner must generally be a U.S. citizen, lawful permanent resident, or qualifying noncitizen U.S. national. The petitioner’s status controls which relatives may be sponsored.

A green card holder cannot use Form I-130 for a parent, sibling, or married son or daughter. A fiancé or fiancée does not qualify as a spouse for I-130 purposes before a legally valid marriage takes place. A U.S. citizen seeking a K-1 fiancé visa generally uses Form I-129F instead.

Immediate Relatives and Family Preference Categories

The beneficiary’s category determines whether annual immigrant visa limits apply.

Immediate Relatives of U.S. Citizens

Immediate relatives include:

• A spouse of a U.S. citizen.
• An unmarried child under 21 of a U.S. citizen.
• A parent of a U.S. citizen who is at least 21.

Congress does not impose an annual numerical limit on these categories. An immigrant visa is therefore immediately available for immigration-law purposes, although USCIS, NVC, embassy and security processing can still take substantial time.

Immediate relatives do not receive derivative beneficiaries through the principal petition. A U.S. citizen petitioning for a spouse must generally file a separate I-130 for each qualifying stepchild or other immediate relative.

Family Preference Categories

Family preference categories have annual and per-country limits. An approved I-130 may therefore remain valid for years before the priority date becomes current.

The spouse and qualifying unmarried children of a principal family-preference beneficiary may generally immigrate as derivatives without separate petitions. Separate petitions can still be useful in some F2A cases because they can allow family members to proceed independently.

Form I-130 Filing Fee in 2026

The I-130 fee remains separate from Form I-485, National Visa Center fees, Form DS-260, medical examinations, the USCIS immigrant fee and other expenses in the green card process.

Concurrent filing does not create a different I-130 fee. It means that Form I-130 and Form I-485 are submitted during the same period, with each form carrying its own applicable payment and supporting documents.

USCIS can reject a filing submitted with an incorrect amount, incorrect payment method, missing signature or outdated form edition. Use the official USCIS Fee Calculator before filing.

Online Filing vs. Paper Filing

Most petitioners can submit Form I-130 through a USCIS online account or mail a paper package to the appropriate lockbox. Note: a new DHS rule effective August 11, 2026 lets USCIS eventually require e-filing for specific forms, with 60 days’ advance notice before any mandate takes effect. See the full breakdown of the mandatory e-filing rule for what this could mean going forward.

Advantages of Online Filing

• Lower filing fee.
• Electronic confirmation and receipt-number access.
• Ability to upload evidence digitally.
• Online notices and case-management tools.
• Reduced risk of mailing the petition to the wrong lockbox.

When Paper Filing May Be Required or Preferred

• The petitioner is filing I-130 together with a paper Form I-485 package.
• The evidence is unusually extensive or difficult to organize electronically.
• The petitioner needs to follow a special filing instruction.
• The petitioner has limited access to USCIS online services.

Filing the I-130 online does not prevent an eligible beneficiary from mailing Form I-485 separately. The adjustment package should include evidence of the online I-130 filing, such as the receipt notice.

When Form I-130A Is Required

A petitioner filing for a spouse must generally include Form I-130A, Supplemental Information for Spouse Beneficiary. The form provides the beneficiary spouse’s address, employment, family and biographical history.

The beneficiary spouse normally signs Form I-130A when residing in the United States. A spouse living abroad must still provide the required information, but the current instructions may permit submission without the beneficiary’s signature when the spouse is overseas.

Form I-130A does not carry a separate filing fee.

Documents Required With Form I-130

Every petition requires evidence of the petitioner’s status and the claimed family relationship. Foreign-language documents must include a complete English translation and a translator’s certification of competence and accuracy.

Proof of the Petitioner’s Status

• U.S. birth certificate.
• Valid U.S. passport.
• Certificate of Naturalization.
• Certificate of Citizenship.
• Consular Report of Birth Abroad.
• Front and back of the petitioner’s green card.
• Evidence of qualifying U.S. national status when applicable.

Evidence for a Spouse

• Legal marriage certificate.
• Divorce decrees, annulment orders or death certificates ending every prior marriage.
• Form I-130A.
• Evidence that the marriage is bona fide and not entered solely for immigration benefits.

Evidence for a Child or Son or Daughter

• Birth certificate identifying the relevant parent.
• Evidence of legitimation or a bona fide parent-child relationship when required.
• Adoption decree and custody records for an adopted child.
• Marriage certificate creating a stepchild relationship before the child turned 18.
• Evidence of termination of prior marriages when relevant to the relationship.

Evidence for a Parent

• The petitioner’s birth certificate showing the parent’s name.
• Marriage, legitimation, adoption or custody records when required by the specific relationship.
• Evidence that a step-relationship arose before the petitioner turned 18.

Evidence for a Brother or Sister

• The petitioner’s birth certificate.
• The beneficiary’s birth certificate.
• Records showing at least one legally recognized common parent.
• Marriage, divorce, adoption or legitimation documents when the sibling relationship is not established by straightforward birth records.

Proving a Bona Fide Marriage

A marriage certificate proves that a marriage legally occurred. It does not always prove that the couple entered the relationship in good faith.

Evidence of a bona fide marriage can include:

• Joint lease, mortgage or property records.
• Joint bank, credit card or investment accounts.
• Joint insurance policies.
• Tax returns filed as a married couple when legally appropriate.
• Birth certificates of children born to the marriage.
• Travel records and photographs covering different periods.
• Correspondence, communication records and evidence of regular contact.
• Beneficiary designations and estate-planning documents.
• Affidavits from people with personal knowledge of the relationship.
• Evidence explaining periods of separation caused by work, immigration restrictions, military service or other circumstances.

USCIS evaluates the complete record rather than requiring one specific document. Newly married couples may have fewer joint financial records, while long-distance couples may need to document travel, communication and future plans more carefully.

How to File Form I-130 Step by Step

1. Confirm that the relationship qualifies. Review the petitioner’s status, beneficiary’s age, marital status and legal family relationship.
2. Choose adjustment of status or consular processing. The answer affects how USCIS routes the approved petition and whether concurrent filing may be possible.
3. Download or access the current form. Do not use an old saved copy without checking the official USCIS edition.
4. Complete every applicable question. Use consistent names, dates, addresses, immigration history and family information.
5. Prepare Form I-130A for a spouse.
6. Collect relationship evidence. Include primary records and secondary evidence when primary records are unavailable.
7. Prepare certified translations.
8. Pay the correct fee.
9. File online or at the correct lockbox.
10. Save a complete copy. Retain the submitted form, evidence, payment receipt and delivery confirmation.

Can I-130 and I-485 Be Filed Together?

Concurrent filing may be available when an immigrant visa is immediately available and the beneficiary independently qualifies for adjustment of status.

Immediate relatives of U.S. citizens often file I-130 and I-485 together because their categories are not numerically limited. Some preference-category beneficiaries may also file concurrently when their priority dates are eligible under the chart authorized by USCIS for that month.

Visa availability alone does not establish adjustment eligibility. USCIS must also consider:

• Whether the beneficiary was inspected and admitted or paroled, unless a specific exception applies.
• Current immigration status and adjustment bars.
• Unauthorized employment.
• Immigration violations.
• Criminal history.
• Fraud or misrepresentation.
• Public-charge requirements when applicable.
• Other grounds of inadmissibility.

Immediate relatives of U.S. citizens receive exceptions from certain adjustment bars, including some status and unauthorized-employment violations. Those exceptions do not cure every problem, particularly entry without inspection or an unwaived ground of inadmissibility.

Consular Processing After I-130 Approval

When the beneficiary will apply abroad, USCIS normally sends the approved petition to the Department of State’s National Visa Center.

NVC generally:

• Creates the immigrant visa case.
• Issues the Welcome Letter and CEAC login information.
• Collects immigrant visa and Affidavit of Support fees.
• Collects Form DS-260.
• Reviews Form I-864 and financial evidence.
• Reviews civil documents.
• Determines whether the case is documentarily complete.
• Works with the embassy or consulate to schedule an interview when a visa is available and the post provides appointment capacity.

Documentary completion does not guarantee an immediate interview. Scheduling depends on the embassy or consulate, visa availability, category, priority date and local capacity.

An applicant who fails to respond to NVC notices for an extended period can risk termination of the immigrant visa registration and loss of the petition’s benefits. Keep email addresses and contact information current and respond to NVC instructions.

Review the complete consular processing and NVC guide for the remaining steps.

Direct Consular Filing of Form I-130

Routine I-130 petitions are filed online or through a USCIS lockbox. A U.S. embassy or consulate does not normally accept a local I-130 merely because the petitioner and beneficiary live abroad or want faster processing.

The Department of State may accept a clearly approvable I-130 from a U.S. citizen for an immediate relative when USCIS-authorized exceptional circumstances exist. Examples can include a short-notice relocation to the United States, urgent medical circumstances or certain military emergencies.

Special blanket authorizations can also cover certain U.S. military members and U.S. government personnel assigned abroad. Acceptance remains subject to the applicable official rules and the discretion of the consular post.

A petitioner based in the United States generally cannot travel abroad solely to obtain direct consular filing. A petitioner who has already submitted the same I-130 domestically should normally use USCIS expedite procedures rather than attempt a duplicate local filing.

Priority Dates and the Visa Bulletin

The priority date is generally the date USCIS properly receives Form I-130. The date appears on the receipt and approval notices.

Immediate relatives have priority dates, but they do not wait for a numerically limited visa allocation. Family preference beneficiaries must compare their priority date with the Department of State’s monthly Visa Bulletin.

The Visa Bulletin includes:

• Final Action Dates: control when an immigrant visa may be issued or a pending I-485 may be approved.
• Dates for Filing: may permit document processing or adjustment filing before final visa availability.

USCIS announces which family-sponsored chart adjustment applicants may use each month. A priority date must normally be earlier than the listed cutoff date. A date equal to the cutoff is not current.

Use the Visa Bulletin and priority date guide to compare a case correctly.

How Long Does Form I-130 Take?

There is no single reliable I-130 processing time. USCIS estimates vary according to the petitioner’s status, beneficiary relationship, processing location, workload, transfers, evidence and whether USCIS issues an RFE, NOID or interview notice.

A published USCIS processing estimate concerns only petition adjudication. It does not include:

• Waiting for a family-preference priority date.
• NVC document processing.
• Embassy or consulate interview availability.
• Administrative processing after an interview.
• Adjustment-of-status adjudication.
• Medical examinations or document collection.

Check the official USCIS processing-times tool using the form, classification and office shown for the case. Treat the result as an estimate rather than a guaranteed completion date.

How to Check an I-130 Case

After accepting the petition, USCIS issues Form I-797, Notice of Action. The receipt number normally begins with letters identifying the USCIS system or office.

1. Use USCIS Case Status Online.
2. Enter the receipt number without spaces or dashes.
3. Link the case to a USCIS online account when available.
4. Review the applicable processing-time inquiry date.
5. Submit an e-request only when the case qualifies as outside normal processing time.
6. Update USCIS after changing address.

After NVC creates a consular case, the applicant uses CEAC and the Department of State’s NVC tools rather than relying solely on the USCIS receipt number.

Requests for Evidence, NOIDs and Interviews

USCIS may issue a Request for Evidence when the initial filing does not contain enough information to establish eligibility. A Notice of Intent to Deny generally explains why USCIS believes the evidence may support denial and gives the petitioner an opportunity to respond.

Common issues include:

• Missing civil records.
• Inconsistent names or dates.
• Failure to establish termination of prior marriages.
• Insufficient bona fide marriage evidence.
• Unclear parent-child or sibling relationship.
• Missing certified translations.
• Questions about previous petitions.
• Evidence suggesting marriage fraud.

The response must reach USCIS by the deadline stated in the notice. Sending an incomplete response or missing the deadline can lead to denial.

USCIS may interview the petitioner and beneficiary, especially in marriage cases or when the documentary record contains inconsistencies. The interview may occur before I-130 approval or together with a pending I-485 interview.

What Happens After I-130 Approval?

The next step depends on the beneficiary’s location, adjustment eligibility and visa availability.

Approval does not guarantee final immigration approval. USCIS or the consular officer can still find the beneficiary inadmissible or otherwise ineligible.

What If the Petitioner Becomes a U.S. Citizen?

An LPR petitioner who naturalizes should notify USCIS or NVC and provide a copy of the naturalization certificate or U.S. passport.

Naturalization can change the beneficiary’s classification:

• An F2A spouse can convert to an immediate-relative spouse category.
• An eligible F2A child can convert to an immediate-relative child category.
• An F2B unmarried adult son or daughter generally converts to F1, although special opt-out rules may sometimes preserve F2B classification.

A classification change can improve or worsen the effective wait depending on the Visa Bulletin and country of chargeability. Review the conversion before requesting changes to an older petition.

What If the Beneficiary Marries or Turns 21?

Age and marital-status changes can alter or terminate eligibility.

• An unmarried adult child of a U.S. citizen may convert from F1 to F3 after marriage.
• An F2B beneficiary of an LPR generally loses eligibility if the beneficiary marries because LPRs cannot petition for married sons or daughters.
• A child turning 21 may move from F2A to F2B unless the Child Status Protection Act preserves the younger immigration age.
• An immediate-relative child may remain protected by CSPA in qualifying circumstances.

Do not assume that CSPA automatically protects every child. The calculation depends on the category, petition processing time, visa availability and whether the beneficiary sought to acquire permanent residence within the required period.

What If the Petitioner Dies?

The petitioner’s death can cause denial of a pending petition or automatic revocation of an approved petition, but several forms of relief may apply.

Humanitarian reinstatement generally applies only after USCIS approved the I-130 before the petitioner died. The principal beneficiary requests discretionary reinstatement and normally needs a qualifying substitute sponsor for Form I-864.

INA 204(l) can protect certain pending or approved cases when at least one qualifying beneficiary resided in the United States when the qualifying relative died and continues residing in the United States. The statutory requirements differ from humanitarian reinstatement.

A surviving spouse of a U.S. citizen may qualify under separate widow or widower provisions, including possible conversion or Form I-360 procedures.

Death-of-petitioner cases are legally complex and should not be handled by assuming that every approved I-130 automatically survives.

Common Reasons USCIS Denies Form I-130

• The petitioner did not establish U.S. citizenship, national status or permanent residence.
• The claimed relationship does not qualify under immigration law.
• The relationship ended before adjudication.
• The petitioner submitted insufficient primary or secondary evidence.
• The petitioner failed to prove a bona fide marriage.
• Records contain unexplained inconsistencies or suspected fraud.
• A prior marriage was not legally terminated.
• The petitioner failed to answer an RFE or NOID.
• The form was not signed correctly.
• The filing involved a prohibited marriage or adoption arrangement.
• The petitioner is restricted under the Adam Walsh Child Protection and Safety Act.

Can an I-130 Denial Be Appealed?

The petitioner—not the beneficiary—normally has authority to challenge an I-130 denial.

Appeals of I-130 decisions generally fall under the jurisdiction of the Board of Immigration Appeals and use Form EOIR-29. The denial notice identifies the filing location, fee and deadline.

A petitioner may also have motion-to-reopen or motion-to-reconsider options depending on the decision. Form I-290B is not the form used to appeal an I-130 denial to the BIA.

Appeal deadlines are strict. The petitioner should review the decision immediately rather than waiting until the end of the filing period.

Common I-130 Filing Mistakes

• Using an outdated form edition.
• Paying $675 for an online filing or $625 for a paper filing.
• Forgetting Form I-130A in a spouse case.
• Submitting a marriage certificate without evidence of a bona fide relationship.
• Failing to document every prior marriage’s termination.
• Using inconsistent names, dates or addresses across forms.
• Leaving questions blank without following form instructions.
• Submitting incomplete translations.
• Assuming I-130 approval gives the beneficiary lawful status.
• Selecting adjustment of status when the beneficiary is not eligible.
• Selecting consular processing without providing complete routing information.
• Failing to update USCIS or NVC after naturalization, marriage, divorce, address changes or death.
• Ignoring NVC notices while waiting for a priority date.

Frequently Asked Questions About Form I-130

Can Form I-130 be filed online?

Yes. Most petitioners can file through a USCIS online account. The general online fee is $625. Paper filing remains available and generally costs $675.

Does an approved I-130 give lawful status?

No. A pending or approved I-130 does not grant lawful status, employment authorization, travel permission or protection from removal.

Can a green card holder file for a spouse?

Yes. The spouse generally falls under F2A. The beneficiary must consider Visa Bulletin availability unless the petitioner later naturalizes and the case converts to an immediate-relative category.

Can a U.S. citizen file for a fiancé using I-130?

No. Form I-130 requires an existing qualifying family relationship. A U.S. citizen seeking a K-1 visa for a fiancé normally uses Form I-129F.

Can the beneficiary file Form I-130?

No. The qualifying U.S. citizen, U.S. national or lawful permanent resident is the petitioner. The foreign relative is the beneficiary.

Does every child need a separate I-130?

Each immediate relative generally needs a separate petition. A family-preference principal beneficiary may have qualifying derivative spouses and children, depending on the category.

Can premium processing be used for I-130?

No. Form I-130 is not currently eligible for USCIS premium processing. A petitioner with a qualifying urgent circumstance may request expedited processing, but approval of an expedite request is discretionary.

What happens if USCIS approves I-130 but the priority date is not current?

The approved petition remains in the family-preference queue. The beneficiary must wait until the applicable Visa Bulletin date permits the next step or final action.

Related Family Immigration Guides

• Form I-485 Adjustment of Status Guide
• Consular Processing and NVC Guide
• Form I-864 Affidavit of Support
• Visa Bulletin and Priority Dates
• Marriage-Based Green Card Guide
• U.S. Visa and Immigration Fees
• How to Check a USCIS or Visa Case

Last reviewed July 28, 2026. USCIS form editions, filing fees, addresses and procedures can change. Verify the official Form I-130 page and Fee Schedule before submitting a petition.