I-130, Petition for Alien Relative

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-129F pages 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 any Form 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-130 page.

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

• File at the USCIS Elgin Lockbox (see our Direct Filing Addresses for Form I-130 page for the address);
• File online using the USCIS website; or
• Request to file at the U.S. Embassy or Consulate in certain limited circumstances, as described in USCIS 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 the Department of State’s website.

Please do not submit this checklist with your Form I-130 (and Form I-130A, if required). The checklist 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 into 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 1 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 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 the family-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 2 years;
• Evidence you have had joint residence with the adopted child for 2 years; and
• Evidence the Hague Adoption Convention process does not apply, if you or your spouse is a U.S. citizen and the child is from a Hague Adoption Convention country. For more information visit:
  • The USCIS Policy Manual, Volume 5, Adoptions, Part A, Adoption Processes and Part 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 for Form I-130, Petition for Alien Relative

Complete all sections of 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

Filing Tips: Review our Tips for Filing Forms by Mail page for information on how to ensure we will accept your form.

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

E-Notification: If you want to receive an e-mail and/or a text message that we have accepted your form at a USCIS lockbox, complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the first page of your form.

When completing Form I-130, Petition for Alien Relative, please make sure that you (the petitioner) select 1 and only 1 option for Part 4 (Question 61 or 62) to indicate whether the beneficiary requests adjustment of status inside the United States or consular processing outside the United States. Do not complete both questions and do not leave this section blank.

If the petition is approved, but you do not fill out Part 4 (Question 61 or 62) completely and accurately, USCIS will use discretion to decide whether to send the approved petition to the NVC for consular processing or retain the petition for adjustment of status processing based on evidence of your relative’s most recent location, including your relative’s physical address listed on the petition. If your petition is approved, and your relative’s address listed on the approved petition is outside of the United States, we will generally send your petition to the Department of State’s National Visa Center for consular processing. If your relative’s address is in the United States and your relative appears eligible for adjustment of status, we will generally keep your approved petition for adjustment of status processing.

If your relative’s intent to seek consular processing or adjustment of status changes while your petition is pending with us, you should contact the USCIS office listed on your receipt notice or the USCIS Contact Center, or submit a statement of this change along with your relative’s updated address to your myUSCIS online account. .

If your relative’s intent to seek consular processing or adjustment of status changes after your petition is approved, please follow the chart above to determine the appropriate action.

USCIS generally considers the beneficiary’s address provided by the petitioner on Form I-130, even if the beneficiary provides an updated address on a different form after the petitioner files Form I-130, when determining whether to send an approved petition to the NVC or to retain the petition for adjustment of status.

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.

• 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 the Department of State’s page.
  • Graphic photos of childbirth or intimate relations as evidence of a relationship or marriage.

If you are a U.S. Citizen petitioning for your spouse, you must also submit a separate Form I-130 for each child if you and your spouse share biological children, stepchildren, or  adopted children.

When you submit Form I-130 for each child, you must include a photocopy of your receipt notice for the Form I-130 you filed for your spouse.

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 update 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 years old will have immigrant visas immediately available to them.