Frequently Asked Questions About Form I-130

Frequently Asked Questions About Form I-130

Form I-130 (officially called the “Petition for Alien Relative”) proves that a valid family relationship exists between a U.S. citizen or green card holder and a person seeking a green card. This form is often simply referred to as the “I-130 petition.”
Filing the I-130 petition with USCIS also establishes your place in line for an available green card and it’s the first step in the family-based green card process.
In this video, we’ll go over some of the most frequently asked questions about Form i-130.

00:00:39 What is the difference between Form I-130 and Form I-485?
00:01:09 How do I file Form I-130?
00:02:12 How long does the I-130 petition process take?
00:02:38 How much does the I-130 cost?
00:02:51 Can I expedite processing for Form I-130?
00:03:09 Who can file Form I-130?
00:03:33 What documents will I need to file Form I-130?

To take deep dive into the I-130, check out our article, I-130, Explained: https://bit.ly/3cgGoEd

Do you have more questions about the I-130 petition? Let us know in the comments!

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50 Comments

  1. Thank you for your useful information. I am in India .our greencard visa is approved. We may be leaving India to usa in July. Can I apply 1 130 form for my son 25years and my marriedson and grandchild from India. Please reply Thank you

  2. Hi! I’m filing I-130 for my parents and in Part 4 (Information About Beneficiary), there is a question about "Was the beneficiary EVER in the United States?". Does this include traveling to the US with a TOURIST visa? Because in this section it’s asking about I-94 or I-95 in addition to passport/traveling document information. Thank you very much in advance for your help.

  3. Hi, Thanks for the video, I already have an approved case from USCIS which was filed by my brother, Does he need to file another form for my wife, or can be accompanied by me which my brother has mentioned her in the form. also, I have received the USCIS approval where my wife’s name is written as my accompany, is that ok?

  4. What file should I file (I-130 or I-485 ) if my immigrant parents are currently illegally in the US ? Will they be penalized for illegally crossing to the US? I don’t what them to be deported.

  5. My husband is in abroad. Do I only submit I-130? Or should I also include the I-485 and I-130A? Please help.

  6. Thank you for a very informative video. I filed I-130 in 2005 for my sister. She is waiting for an interview date. All documents have been submitted and fees have been paid. But her daughter, my niece, is now over 21. Can she still accompany my sister as an immigrant or will she be denied visa for being aged out? If so, what can be done to avoid that?

  7. Thank you so much for your great explanation. Kindly let me know more details about A US citizen file I-130 to his sibling and children. What documents are needed. Highly appreciate your assistance.

  8. when we can file I 130 for my parent recently came from India on visiting visas
    on 23rd January can we file it now or wait for some time is there any rules

  9. What if i was born in American Samoa? US National , can i apply for 1-130 or i have to get naturalized first?

  10. I already applied I-130 for my wife, what application should I apply for my daughter? She got her naturalization after she was born.

  11. My daughter is american citizen she aplied for me in may 2021 and the case is still under review how long it will take to be approved?

  12. My brother was uplod the visa file in april 2013 for USA , so i want to know about that what is the age limit of their children for getting visa of USA ?

  13. Hi, I was a derivative beneficiary based on an F4 visa, but since I aged out, I no longer qualify. But now I am applying for AOS through my US Citizen husband. Do I fall under "Has anyone else ever filed a petition for the beneficiary?". Thanks for your help!

  14. Hello, My mother’s name on her bith certificate is Maria and on my birth certificate it is Ma. will this be a problem if I petition her?

  15. Hello!! I have a question for you , hope you can help me 🙁

    My mother is an American Citizen.
    I’m 29, living in Romania , married, and mother of two kids.
    In 2020 my mother file Form I-130, with my name on it and with all details about my kids and husband on it.
    It is not enough? She need to complete separate file I-130 for my kids and husband as well??

    How many years should i wait for finally moving in US at my mother with whole my family ? Can i complete now I-485 for me and my family, to have this right to stay there until I-130 form is ready?

    Thank you so much hope uou can help me!

  16. Good day I have a question, I am currently on a I-130, Petition for Alien Relative Filing Process as of (2021). However I am currently in the US on a B1/B2 visa, am I eligible to obtain an approval stay in the country while the process is in effect?. Or do I have to return to my home country and wait while the document process.

  17. I am a permanent resident in USA. I filed a i-130 for my wife do i need to file a seperate i-130 to my 2 kids which are 7 and 3 years old? Thanks

  18. Hello there. My father is a permanent resident of the us for 6 years now and has been married to a born is citizen 5 years. He wants to petition for his 3 children, two of whom are under the age of 18 and me who is unmarried and will be turning 21 in a month. Does he need to file 3 separate I 130 form and could his wife file for us aswell

  19. Hello my father in law file our family case he is us citizen my priority date is 28 December 2015 I130 f3 please tell me process time period

  20. Hi mam,my husband is a US Citizen but he passed already last February 19,2022 i am here in the Philippines.I want to go to US to immigrate,how can i can start to process my papers?thank you

  21. Hello very good video. I have a question: i received i30 denial because my previous marriage has not been 5 years and also i am a permanent resident. I am now a US citizen since couple months and i upgraded the application before the decision. Shouldn’t the update change the whole situation or they only go by the date when it was submitted? Also what is my best option (appeal or new i130)

  22. One more question plz, filing one form is enough for parents, or need to file a separate form for each of them? because in the form we can mention another parent as an accompany

  23. Hi, what is better to do if you apply form I 130 to bring your mother? That she wait in her country or that she arrives legally as tourist and applies from here? Thanks in advance fir your responds

  24. Hey my dad is a green card holder in us and I’m at age of 16 ryt now so if my father wants to file for i-130 visa how much time will it take to complete…

  25. May i ask again what must i file for a spouse (single mom with one child age 7 yrs old) and steph daughter? To obtain a greencard for both if they are in the US. Will it be I485 or I130? And do i file two applications, one for each? And will i have to pay 2 fees one for each? Thank you

  26. My i-130 petition was approved and was sent to NVC back in December 2015, its June 2022 and still not approved. How long does the process take?

  27. Hello my sister applied i130 for me my pd is 2012 I got 3 letters from uscis now my case at nvc when I received last welcome letter thanks in advance pls advise

  28. I am here in the United States with my kids as a pending asylum seeker, can my us citizen sister, file for me and my kids for green card? Thank you

  29. Good day. I’m a green card holder and I want to sponsor I-130 to my unmarried child. The question is, Do I have to fill the beneficiary sport with the information of my wife or not? That’s where am really confused

  30. When you said “in some cases you can file 485 with 130 together” how so? My wife currently has daca she lives with me been here for along time already when you school here when she was young way before 18 she has a SSN and all. Would I qualify for applying for both at the same time?

  31. Thank you for the video and 2 questions that can help many filing a I-130: when filing the paper form do you have to sign each page, with your ssn#? Also, I’m filing for my wife and I traduced the I-130a for her, even though I’m not a certified translator; should I put myself as the interpreter in part 5?

    Again, much appreciated!

  32. can I file I-130 for my parents who left Ukraine as refugees and were taken to Russia? And if they have to show up for an interview, will they have to travel back to Ukraine for that or to some other country?

  33. Hi I am married to a US citizen and I already applied online the pitition form so can I file my adjustment of status in papers

  34. im filing online the I 130 I DONT SEE ANY BOX TO SIGN THE FORM ONLINE DOES ANYONE KNOWS WHEN WE FILE ONLINE DO I HAVE TO SIGN PLEASE LET ME KNOW

  35. hi, thank you so much for the informative video, So my dads petition was submitted in 2011 by his sister and the status shows received, what will the next status be and how long can it take. Also can his unmarried daughter of 24 years still eligibale?

  36. I am a parent staying in USA my I 130 is not yet processed I am staying Herefordshire than 13 months waiting for approval

  37. Dear sir, my us citizen brother is going to apply i 130 for me. but as per birth certificate our age gap is 6 month . will it create problem? plz suggest.

  38. Hi, How can a 21 yr. old U.S. Citizen student petition his father. Can her mother help her with the affidavit of support?

  39. I am filing I 130 and I 130A from overseas (through US Embassy South Africa) – I am retired and so is my husband so our children, who are US citizens and both employed will be my husband’s financial sponsors – when do they file the forms the need to? With our I 130 or will they be asked later???

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