Petition for Alien Relative

What is the purpose of Form I-130?

A citizen or lawful permanent resident of the United States may file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) to establish the existence of a relationship with certain alien relatives who wish to immigrate to the United States.

Who may file form I-130?

1. If you are a U.S. citizen, you must file a separate Form I-130 for each eligible relative. You may file Form I-130 for
   1. Your spouse;
   2. Your unmarried children under 21 years of age;
   3. Your unmarried sons or daughters 21 years of age or older;
   4. Your married sons or daughters of any age;
   5. Your brothers or sisters (you must be 21 years of age or older); and
   6. Your mother or father (you must be 21 years of age or older).
2. If you are a lawful permanent resident of the United States, you must file a separate Form I-130 for each eligible relative. You may file Form I-130 for
   1. Your spouse;
   2. Your unmarried child under 21 years of age; and
   3. Your unmarried son or daughter is 21 years of age or older.

NOTE:

1. If you are filing for your spouse, he or she must complete and sign Form I-130A, Supplemental Information for Spouse Beneficiary. If your spouse is overseas, Form I-130A must still be completed, but your spouse does not have to sign Form I-130A. Form I-130A must be submitted with Form I-130.
2. There is no visa category for married children of lawful permanent residents. If you are a lawful permanent resident and you filed Form I-130 for your unmarried son or daughter, but your son or daughter marries before immigrating to the United States or adjusting status to lawful permanent resident, we will deny or automatically revoke your petition.
3. Non-citizen U.S. nationals (as defined in the Immigration and Nationality Act (INA) section 308) have the same rights as lawful permanent residents to petition for family members. If you are a U.S. national born in American Samoa or Swains Island (or who otherwise qualifies as a non-citizen U.S. national, as described in INA section 308), you should indicate in Part 2., Item Number 36. of the petition that you are a lawful permanent resident. You do not need to list an Alien Registration Number (A-Number) in Part 2., Item Number 1. of the petition.
4. If the beneficiary qualifies under Items 1.C., 1.D., or 1.E. above, you are not required to file separate petitions for the beneficiary’s spouse or unmarried children under 21 years of age. They are considered derivative beneficiaries, and you should list them in Part 4. of this petition.
5. If you are the lawful permanent resident petitioner and the beneficiary qualifies under Items 2.A., 2.B., or 2.C. above, you are not required to file separate petitions for the beneficiary’s unmarried children under 21 years of age. They are considered derivative beneficiaries, and you should list them in Part 4. of this petition.
6. The derivative beneficiaries are described in Items 4. and 5. above may apply for an immigrant visa along with the beneficiary.

Who may not file Form I-130?

You may NOT file Form I-130 for a person in the following categories:

1. An adoptive parent or adopted child, if the adoption took place after the child turned 16 years of age, or if the child has not been in the legal custody and has not lived with the parents for at least 2 years before filing the petition;
2. A natural parent if you gained lawful permanent resident status or U.S. citizenship through adoption or as a special immigrant juvenile;
3. A stepparent or stepchild, if the marriage that created the relationship took place after the child turned 18 years of age;
4. A spouse, if you and your spouse were not both physically present at the marriage ceremony unless the marriage was consummated;
5. A spouse, if you gained lawful permanent resident status through a prior marriage to a U.S. citizen or lawful permanent resident, unless
   1. You are now a naturalized U.S. citizen;
   2. You have been a lawful permanent resident for at least five years;
   3. You can establish by clear and convincing evidence that you did not enter the prior marriage (through which you gained your lawful permanent resident status) in order to evade any U.S. immigration law, or
   4. Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse;
6. A spouse, if you married your spouse while he or she was the subject of an exclusion, deportation, removal, or rescission proceeding regarding his or her right to be admitted into or to remain in the United States or while a decision in any of these proceedings was before any court on judicial review. However, you may be eligible for the bona fide marriage exemption under INA section 245(e)(3) if:
   1. You request in writing a bona fide marriage exemption and prove by clear and convincing evidence that the marriage is legally valid where it took place and that you and your spouse married in good faith and not for the purpose of obtaining lawful permanent resident status for your spouse and that no fee or any other consideration (other than appropriate attorney fees) was given to you for your filing of this petition. The request must be submitted with Form I-130; or
   2. Your spouse has lived outside the United States, after the marriage, for a period of at least two years;
7. Any person, if USCIS determines that he or she entered into or attempted or conspired to enter into a marriage in order to evade U.S. immigration laws; and
8. A grandparent, grandchild, nephew, niece, uncle, aunt, cousin, or parent-in-law.

Documentary Evidence

You need to 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 authorities 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 one of 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 the 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; 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
• Two passport-style photographs (if applicable).

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

• Evidence of U.S. citizenship:
  • 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 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; or
  • An original statement from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.
• Evidence of family relationship, such as a final adoption decree;
• Evidence you have had legal custody of the adopted child for two years; and
• Evidence you have had a joint residence with the adopted child for two years

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