Petition for Alien Relative (2024)

You have 2 options for filing your Form I-130 petition with USCIS:

• Online; or
• By mail (paper).

The filing location for your Form I-130 depends on where you live and if you are filing Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time (this is called “concurrent filing”).

Filing Your Form I-130 Online
The first step is to create an account. To learn more, visit our How to Create a USCIS Online Account page.

You can file Form I-130 online even if your relative is in the United States and will file Form I-485 by mail. Once you submit your Form I-130 online, we will send a receipt notice to your USCIS online account. Provide a copy of the receipt notice to your relative to include in their Form I-485 packet.

You cannot file your Form I-130 online if you are applying for a fee waiver.

You cannot file Form I-485 or Form I-129F online at this time. Please see our Form I-485 and Form I-129Fpages for current filing information, and refer to the form instructions for specific instructions on completing each of these forms. We will only accept and adjudicate forms that have been properly filed. We will not accept or adjudicate anyForm I-485 or I-129F included as supporting evidence for a Form I-130 that was filed online.

Filing Your Form I-130 By Mail
If you reside in the United States, file at the Chicago, Dallas, Elgin, or Phoenix Lockbox, depending on where you live and whether your relative is also concurrently filing Form I-485. For a complete list of addresses, visit our Direct Filing Addresses for Form I-130page.

If you reside outside of the United States, you may:

• File at the USCIS Elgin Lockbox (see our Direct Filing Addresses for Form I-130page for the address);
• File online using the USCIS website; or
• Request to file at the U.S. Embassy or Consulate in certain limited circ*mstances, as described inUSCIS Policy Manual, Volume 6, Part B, Chapter 3,if you are a U.S. citizen and you are filing your Form I-130 for your immediate relative (your spouse, your unmarried child under the age of 21, or your parent (if you are 21 years of age or older)).For a list of U.S. Embassies and Consulates, go to theDepartment of State’s website.

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Please do not submit this checklist with your Form I-130 (and Form I-130A, if required). It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form.Do not send original documents unless specifically requested in the form instructions or applicable regulations.

If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English.

Did you provide the following?

• Evidence of U.S. citizenship, lawful permanent residence, or U.S. national status:
  • A copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority showing you were born in the United States;
  • A copy of your naturalization or citizenship certificate issued by USCIS or the former Immigration and Naturalization Service (INS);
  • A copy of Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a U.S. Embassy or U.S. Consulate;
  • A copy of your unexpired U.S. passport;
  • An original statement from a U.S. consular officer verifying you are a U.S. citizen with a valid passport; or
  • A copy of the front and back of your Permanent Resident Card (also known as a Green Card or a Form I-551).
• Evidence of family relationship with 1of the following (see form instructions for more detailed guidance):
  • Spouse: A copy of your marriage certificate
    • Evidence you or your spouse terminated any prior marriages (if applicable)
  • Child: A copy of your child’s birth certificate(s).
  • Parent: A copy of your birth certificate.
  • Brother/Sister: A copy of the birth certificate for you and your sibling.
• Evidence of the bona fides of the marriage, if petitioning for a spouse:
  • Documentation showing joint ownership of property;
  • A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
  • Documentation showing that you and your spouse have combined your financial resources;
  • Birth certificates of children born to you and your spouse together;
  • Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. Each affidavit must contain the full name and address of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired their knowledge of your marriage; and
  • Any other relevant documentation to establish that there is an ongoing marital union.
• Proof of legal name change (if applicable); and
• 2 passport-style photographs (if applicable).

If you are filing Form I-130 for your adopted child

Evidence you meet requirements for thefamily-based petition process, including:

• A copy of the adoption decree showing the adoption took place before the child turned 16 (or 18 if the sibling exception applies);
• Evidence you have had legal custody of the adopted child for 2years;
• Evidence you have had joint residence with the adopted child for 2years; and
• Evidence theHague Adoption Conventionprocess does not apply, if you or your spouse is a U.S. citizen and the child is from aHague Adoption Convention country. For more information visit:
• The USCIS Policy Manual, Volume 5, Adoptions,Part A, Adoption ProcessesandPart E, Family-Based Adoption Petitions, Chapter 3, Hague Restrictions on Family-Based Petitions.
• Fact Sheet: Adoption in U.S. Courts of Children from Hague Adoption Convention Countries, Information for State Court Judges, Child Welfare Professionals, and Adoptive Families

Filing Tips:Go to ourTips for Filing Forms by Mailpage for information on how to help ensure we will accept your application.

Filing Tips for Form I-130, Petition for Alien Relative

Completeall sectionsof the form. We will reject the form if these fields are missing:

• Part 1 – Relationship
• Part 2 – Information About You
  • Your Full Name
  • Date of Birth
  • Mailing Address
  • Your Marital Information
• Part 4 – Information About Beneficiary
  • Beneficiary Full Name
  • Date of Birth
  • Beneficiary’s Physical Address
  • Beneficiary’s Marital Information

Don’t forget to sign your form! We will reject any unsigned form.

When completingForm I-130, Petition for Alien Relative, please make sure that you (as the petitioner) select only 1 option forPart 4 (Question 61 or 62) to indicate if the beneficiary intends to apply for adjustment of status inside the United States or will pursue visa processing abroad. Do not complete both questions and do not leave this section blank.

• You must file a separate Form I-130 for each eligible relative, unless they can be considered a derivative beneficiary. See the form instructions for more information.
• If you submit a petition for your spouse, you must also submit Form I-130A, Supplemental Information for Spouse Beneficiary.
• Toreceive an email or text messagewhen we accept your form, completeForm G-1145, E-Notification of Application/Petition Acceptanceand clip it to the front of the petition.
• Do not include:
  • Anything that contains electronic chips and batteries (such as musical greeting cards) or any non-paper materials such as CD-ROMS, DVDs, toys, action figures, or thumb drives. We will not accept these types of materials.However, we will accept photographs or copies of these items.
  • Any biological or genetic samples as DNA evidence. For information on DNA testing and submitting DNA samples, please visit theDepartment of State’s page.
  • Graphic photos of childbirth or intimate relations as evidence of a relationship or marriage.

You must submit a separate Form I-130 for each child if:

• The relative you are applying for is your spouse;
• Together you have biological children, stepchildren, or adopted children, and
• You did not file separate petitions for them.

When you submit their forms, you must include:

• Evidence of your U.S. citizenship, such as a photocopy of your naturalization certificate or your U.S. passport; and
• A photocopy of your original Form I-130 receipt notice.

What if I submitted a petition for a relative when I was a permanent resident, but I am now a U.S. citizen?

If you become a U.S. citizen while your relative is waiting for a visa, you can upgrade your relative’s visa classification by notifying USCIS or the Department of State of your naturalization. If you are a U.S. citizen, your spouse and unmarried children under 21 will have immigrant visas immediately available to them.