The I-130 Petition: Information for Family Sponsors

Form I-130, Petition for Alien Relative, is a well-known application form used by U.S. immigration officials to process family-based immigrant visa petitions. It can be used by U.S. citizens and permanent residents wishing to sponsor spouses and other relatives so that they can become U.S. permanent residents. (See Who Is Eligible for a Family-Based Green Card?.) The form I-130 starts off the process (though there will be many more steps ahead).

As with all aspects of U.S. immigration, there are a few easily missed details about the I-130 petition that can make or break your application. This is an overview of some of the more important issues you should note.

You can download the form from U.S. Citizenship and Immigration Services (USCIS), and should use it as a reference while you read this overview.

Is Form I-130 the Only One I Need to File for My Immigrating Relative?

Not exactly. In fact, filing and getting approval of Form I-130 is really only the beginning of the process of securing permanent residence for a relative. It's true that many of the subsequent forms are technically supposed to be completed by the immigrant, not the U.S. petitioner, but you'll be involved the whole way, and will also have to provide substantial proof of your willingness and ability to support the immigrant financially.

Applying for permanent residence requires two main steps:

1. A U.S. citizen or lawful permanent resident files an immigrant petition, using Form I-130, on behalf of a relative who has one of the qualifying relationships to the petitioner under U.S. law.
2. If that I-130 petition is approved by USCIS and a visa number has become available (there's a waiting list in some categories, based on the date one applied, called the priority date), then the qualifying relative (the “beneficiary”) applies for permanent residence either at a U.S. consulate or through a process called "adjustment of status" if already in the United States and eligible to use this application procedure. (It's during this part of the process that you submit a Form I-864 Affidavit of Support Under Section 213A of the INA, further described below.)

Even if USCIS approves the I-130 petition, that act on its own does not confer permanent residence, nor any right to live or work in the United States while awaiting it, on the immigrant. In fact, it could place an unlawfully present immigrant at risk of deportation, as discussed below. What the approval does achieve is confirming that U.S. immigration officials recognize that you and your relative have one of the qualifying familial relationships necessary for family-based permanent resident sponsorship. It means that process has received an official green light to go forward.

In some situations, you might need to file separate I-130s for each qualifying relative you intend to sponsor. In others, specifically those where "derivative" family members are allowed, a single I-130 is sufficient, and by simply naming the derivatives, they will be included in the application process going forward. If you're applying for a foreign-born spouse (husband or wife) you will need to add one more form to the submission, which they will fill out, called Form I-130A.

Why Might Filing an I-130 Put My Family Member at Risk of Deportation?

Form I-130 asks for the foreign national's current physical address. If the foreign national is living in the United States legally, this should not be a problem. They might even be eligible to adjust status here.

If, however, the foreign national has no immigration status, putting their address here could potentially lead to arrest. In the past, immigration officials didn't ordinarily use this information for enforcement purposes. But in August of 2025, USCIS issued an Alert advising U.S. citizens and residents who are filing I-130 family petitions that "we may issue a Notice to Appear if the alien beneficiary is otherwise removable since a family-based immigrant visa petition does not grant immigration status or relief from removal." (See Chapter 5 of the USCIS Policy Manual.) In plain English, it would appear they're readying to use information gleaned from the I-130 to deport people who are not in the U.S. legally.

What Documents Do I Need to Show U.S. Immigration Authorities With the I-130?

The types of family relationships and situations that satisfy the requirements for permanent resident sponsorship vary greatly, and thus there's no one list of documents that works for everyone. Below are the main ones, plus tips to keep in mind when putting together your I-130 supporting materials.

You'll Need Evidence of U.S. Immigration Status Qualifying You to Be an Immigrant's Petitioner

One of the most critical things to show when filing an I-130 for your relative is that you are a U.S. citizen or lawful permanent resident yourself. This can be more complicated than it sounds!

If you are a permanent resident sponsoring a relative, you can submit a photocopy of the front and back of your Form I-551 Permanent Resident Card to start, but any other documents you have showing your permanent residence are also helpful. Submit copies of your current passport, along with your Form I-797 approval notice of your permanent residence or your immigrant visa stamp.

If you are a U.S. citizen, the usual documents to show are a copy of your valid U.S. passport, a copy of your government-issued birth certificate showing you were born in the United States, or a copy of your naturalization certificate. However, many U.S. citizens do not have a valid passport or even a birth certificate.

If you aren't able to obtain one of these documents, U.S. immigration officials can accept what is called “secondary evidence.” For example, to show birth in the United States, you could contact the Department of Health in the U.S. state or territory where you were born and request a “Letter of No Record” (to show no birth certificate was created) along with early birth documents, such as a baptismal certificate, a hospital birth certificate, census records, early school records, family bible records, or sworn affidavits from persons having knowledge of your U.S. birth.

You'll Need Evidence of Your Qualifying Relationship to the Would-Be Immigrant

Proving that you have a qualifying relationship with the foreign-born relative you are sponsoring is also extremely important. Overall, you will want to show clear, credible, and understandable evidence of your familial relationship. Be sure to:

• Connect the lines between family members. You want to give immigration officials an easy paper trail to follow so they can see that you and your relative are indeed related. For example, if you are sponsoring a brother or sister, you will want to submit copies of your birth certificate, your relative’s birth certificate, and the marriage certificate of your parents. The combination of these materials can show immigration officials that you and your relative have common birth parents, thus making you siblings.
• Use official copies. All certificates you submit should be government-issued, certified copies if possible. The birth certificates should also be “long-form,” meaning that they list not only the name of the person, but also the full names of the birth parents and the date and place of the birth.
• If you can't get official copies, confirm that your country is unable to provide adequate records. The U.S. government recognizes that many countries have incomplete or nonexistent record-keeping for families. The U.S. Department of State has country-specific guidance for which civil documents it accepts.
• Deal with language barriers. Assume that U.S. immigration officials cannot understand any language other than English. Any family documents you submit should be translated into English (word for word) if they are in another language. You can obtain certified English translations of documents from a number of companies in the United States that specialize in professional translation services. Such translations are well worth the cost (usually a couple of hundred dollars per document).

Add Forms and Documents Showing You'll Serve as the Immigrant's Financial Sponsor

Part of a sponsor’s responsibilities include a promise to the U.S. government, and to the immigrating relative, that the sponsor will financially support the relative if necessary, at a level above the U.S. poverty line. Immigration law forbids entry to immigrating relatives who appear likely to become public charges; that is, dependent on need-based government assistance.

If you are sponsoring a relative for permanent residence, you will have to file Form I-864, with or after the I-130 to fulfill this financial promise.

Form I-864 is not just a formality. It is a legally binding contract between you, your relative, and the United States. If for some reason your relative does acquire permanent residence but is not able to be self-supporting financially in the United States, you can be held liable for providing financial support, or the relative can sue you directly. This is true even after a divorce. The obligation typically lasts for around ten years or (if earlier) until the immigrant leaves the United States or dies.

Extra Document Requirements If Filing for a Spouse

Marriage-based immigration cases get extra scrutiny from USCIS, because of the reportedly high possibilities for fraud. First off, the U.S. citizen petitioner must submit two color photos of themself, U.S. passport style, with the I-130; and two more of the would-be immigrant, if they are in the United States.

In addition, you must supply proof that the marriage is bona fide, using copies of things like joint credit card statements, a mortgage or lease showing joint residence, joint insurance policies, birth certificates of children born showing you two as parents, and so on. See Proving a "Bona Fide" Marriage for U.S. Immigration Purposes for additional suggestions.

What Fee Must I Pay to File Form I-130?

USCIS charges a fee to file almost everyone form anyone submits to it, the I-130 included. (And no, you can't get a refund if your request gets denied.)

The I-130 fee is $675 for filing by mail (on paper) and $625 if you file online at the USCIS website (2025 figures).

You can pay the fee only by credit card (using Form G-1450, Authorization for Credit Card Transactions) or transfer from a U.S. bank (by completing and signing Form G-1650, Authorization for ACH Transactions). This represents an October 2025 change in USCIS policy; the agency will no longer accept a money order, personal check, cashier’s check.

What Forms and Documents Will My Relative Be Responsible for?

The I-130 is really just the beginning of the immigration process. Your foreign-born relative will need to fill out multiple forms and submit documents containing biographical information and proving that they are not inadmissible, for reasons of criminal history, medical issues, and so on. Exactly what paperwork will be required depends on whether the person is coming from abroad via "consular processing" or is in the United States and able to adjust status. See Getting a Green Card: Consular Processing vs. Adjustment of Status for details.

Do I Need a Lawyer's Help?

You don't necessarily need to hire a lawyer to petition for family member to receive a U.S. green card, unless you have some troublesome items in your background or feel uncomfortable handling the paperwork. But doing so can certainly make the process easier. See Is an Immigration Lawyer Worth the Cost?