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Immigration Has No Borders
Frequently Asked Questions on I-130 Marriage and Family-Based Petitions
What is an I-130 petition?
Form I-130, officially known as the Petition for Alien Relative, is a form filed by a U.S. citizen or lawful permanent resident (green card holder) to establish the relationship between themselves and a relative who wishes to immigrate to the United States.
U.S. citizens can file I-130 petitions for their spouses, children (unmarried and under 21), parents, and siblings. Lawful permanent residents (green card holders) can file I-130 petitions for their spouses and unmarried children (regardless of age).
The purpose of filing an I-130 petition is to establish a qualifying family relationship between the petitioner and the beneficiary for the purpose of immigrating to the United States as a lawful permanent resident.
Processing times for I-130 petitions can vary depending on factors such as the relationship between the petitioner and beneficiary, the beneficiary's country of residence, and the volume of applications at the USCIS office processing the petition. Generally, it can take several months to over a year for an I-130 petition to be processed.
No, only U.S. citizens and lawful permanent residents are eligible to file I-130 petitions on behalf of their qualifying relatives.
Yes, same-sex spouses of U.S. citizens and lawful permanent residents are eligible to file I-130 petitions just like opposite-sex spouses. The U.S. Supreme Court's ruling in Obergefell v. Hodges (2015) legalized same-sex marriage nationwide for immigration purposes.
Yes, U.S. citizens can file I-130 petitions for their stepchildren as long as the marriage creating the stepchild relationship occurred before the child turned 18.
No, the I-130 petition is not used for fiancé(e) visas. Instead, U.S. citizens can file a Form I-129F, Petition for Alien Fiancé(e), to bring their fiancé(e) to the United States for the purpose of getting married.
Yes, U.S. citizens can file I-130 petitions for their adopted children as long as the adoption meets certain legal requirements and was finalized before the child turned 16 (or 18 if certain conditions are met).
Once USCIS approves the I-130 petition, it is forwarded to the National Visa Center (NVC) for further processing. The beneficiary will then be required to complete additional forms and attend a visa interview at a U.S. embassy or consulate in their home country before immigrating to the United States.
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