What is an I-130?
The Form I-130, Petition for Alien Relative is a form used by U.S. citizens or lawful permanent residents (Green Card Holders) to petition immediate relatives for an immigrant visa to the United States.
U.S. citizens may use the Form I-130 to petition their spouses, child, parent or sibling while Green Card Holders may petition their spouses or unmarried children.
As part of the Form I-130 process, the petitioner must prove their relationship to their immediate relative that they are petitioning. This includes providing birth certificates to establish a parent-child relationship or marriage certificates to petition a spouse.
While an approved Form I-130 is a good start, it does not guarantee that an immigrant visa will be issued for an immediate relative as visa issuance is dependent on the interviewing consular officer in the U.S. Embassy or Consulate where the immediate relative will be applying for their visa.
Frequently Asked Questions
What are Some Eligibility Requirements for an I-130?
Some of the eligibility requirements for a Form I-130 apply to both the petitioner (U.S. citizen or Green Card Holder) and the beneficiary (the immediate relative who wishes to immigrate to the United States).
If the petitioner is a U.S. citizen petitioning a spouse, parent, child or sibling, they must present proof of their U.S. citizenship. This includes either a U.S. passport, birth certificate showing that the petitioner was born in the United States, naturalization certificate or a certificate of citizenship such as a Consular Report of Birth Abroad.
If the petitioner is a Green Card Holder, they must present proof of their lawful permanent resident status which can be as simple as a copy of their valid Green Card.
U.S. citizen and Green Card Holder petitioners must be at eighteen (18) years of age at the time of filing the I-130.
The immediate relative beneficiary’s requirements include the following:
- If the beneficiary is the spouse of a U.S. citizen or Green Card Holder, it must be shown that the petitioner and beneficiary are legally married and maintain an ongoing bona fide relationship.
- If the beneficiary is the child of a U.S. citizen (married or unmarried) or an unmarried child of a Green Card Holder, they must also prove that the petitioner is their parent either biologically or adoption. Married children are unable to be petitioned if the petitioner is a Green Card Holder.
- If the beneficiary is the sibling of a U.S. citizen, they must prove that they share the same parent(s) either biologically or by adoption.
How Long Does it Take for a Form I-130 to be Approved?
The Form I-130 processing time can vary significantly depending on several factors. These include the following:
- Whether the petitioner is a U.S. citizen or a Green Card Holder;
- The immediate relative being petitioned (i.e. spouse, child, parent or sibling);
- The USCIS service center that is assigned to process the petition along with the overall volume of petitions being processed. On average, the process can take anywhere from 9 months to over 2 years.
Oftentimes, processing times can be delayed due backlogs at USCIS or when the submitted I-130 is incomplete or missing important information or documentation.
Does a Form I-130 Expire?
While a Form I-130 does not technically expire once it has been filed and accepted by USCIS, there are several time-related matters that can impact its validity.
Once the Form I-130 is approved, it remains valid indefinitely unless there is a change in the petitioner’s status or other circumstances:
Death of the Petitioner: If the petitioner (the U.S. citizen or Green Card Holder) dies, the I-130 petition is generally terminated, unless the beneficiary is the spouse of a U.S. citizen in which the surviving beneficiary may continue processing.
Divorce or Legal Separation (for spouses of U.S. Citizens or Green Card Holders): If the petitioner divorces the beneficiary the I-130 may be revoked.
The Form I-130 may also be denied or revoked by USCIS in some of the following situations:
- The petitioner fails to provide requested documentation or information following the issuance of a Request of Evidence by USCIS.
- USCIS determines that the relationship between the petitioner and beneficiary is fraudulent.
- The petitioner or beneficiary is no longer eligible (i.e. the petitioner loses legal status or beneficiary is found ineligible for a visa).
What Happens if There is a Mistake on my Form I-130?
If there is a mistake on your Form I-130, it can result in processing delays or even a denial of your petition.
For minor errors such as typographical mistakes or providing incorrect personal information or missing a document, this can normally be resolved upon responding to a Request for Evidence from USCIS.
Major errors however such eligibility-related information, USCIS may ask also through a Request for Evidence for more detailed information which could significantly delay overall processing.
If the wrong or outdated form edition is filed or the filing fee is not included when submitting the petition, USCIS will return the petition with supporting documentation and provide instructions on how to refile.
All information and supporting documentation should be carefully reviewed prior to submission to avoid such mistakes and minimize processing delays.