Form I-130 is the first step toward a relative's permanent residence: the petition with which a citizen or resident proves to USCIS that the relationship exists. It grants no status by itself, but without it there is no family-based Green Card. This guide explains who can petition for whom, how the petition moves and which path follows.
Who can petition for whom
| Petitioner | Relative | Category |
|---|---|---|
| U.S. citizen | Spouse | Immediate relative (IR) |
| Citizen | Unmarried child under 21 | Immediate relative (IR) |
| Citizen aged 21 or over | Parent | Immediate relative (IR) |
| Citizen | Unmarried son or daughter aged 21 or over | First preference (F1) |
| Permanent resident | Spouse and unmarried children under 21 | Second preference (F2A) |
| Permanent resident | Unmarried son or daughter aged 21 or over | Second preference (F2B) |
| Citizen | Married son or daughter, any age | Third preference (F3) |
| Citizen aged 21 or over | Brother or sister | Fourth preference (F4) |
You cannot petition for grandparents, grandchildren, aunts and uncles, cousins, in-laws, or the parents of a permanent resident. A resident also cannot petition for a married child.
Immediate relatives and preference categories
The difference decides how long your relative will wait:
- Immediate relatives: a visa is always available. As soon as the I-130 is approved (or even at the same time, if the relative is in the United States and can adjust), the residence process can start.
- Preference categories: there is a limited number of visas per year per category and per country. The date USCIS receives the I-130 becomes the priority date, and the relative waits until that date is current in the Visa Bulletin. The wait runs from a couple of years to more than twenty depending on the category and the country. How to read it in The Visa Bulletin.
How it is filed
Online with a USCIS account or by mail, with the fee. The packet holds:
- Proof that the petitioner is a citizen (passport, naturalization certificate, birth certificate) or a resident (Green Card).
- Proof of the relationship: marriage certificate, birth certificates showing the parents, divorce decrees from earlier marriages.
- On spouse petitions, Form I-130A with the beneficiary's information and proof that the marriage is real: joint accounts and leases, photos, children in common, statements from people who know you.
- Certified translations of anything not in English.
One petition per relative. The minor children of a petitioned spouse or child can come along as derivatives in the preference categories, but not in the immediate relative ones, where each needs a petition of their own.
How it moves and how long it takes
On an I-130 petition, the time goes into a single status:
- Case Was Received can last a year or more before the next change. It is not a sign of trouble: it is the queue.
- USCIS Is currently Processing the Case appears after that wait and is usually the doorstep of the approval, though it can also last months.
- Request for Initial Evidence Was Sent reaches some petitions, also after a year or more in "received". Guide: Request for Evidence (RFE).
- Interview Was Scheduled: in some marriage cases, especially when the spouse is in the United States, USCIS calls both to an interview at a local office.
- Case Approved: the wait to approval is usually measured in years. USCIS publishes its times by category, which MigraConnect shows next to your status.
- Case Was Sent To The Department of State: if the relative is outside the United States, the approved petition goes to the National Visa Center within the following weeks or months. For USCIS, that is where the case ends.
What comes after the approval
The approval confirms the relationship, nothing more. Residence is requested in a second step:
- Adjustment of status (Form I-485) if the relative is in the United States and eligible. Immediate relatives can file it together with the I-130. Guide: Adjustment of status (I-485).
- Consular processing if the relative is abroad, or cannot adjust: the National Visa Center collects documents and fees, and the consulate schedules the interview. Guide: Adjustment of status or consular processing.
Changes that affect the petition
- The petitioner becomes a citizen: an F2A petition becomes immediate relative and an F2B becomes F1. Tell USCIS or the National Visa Center, with proof of naturalization.
- The beneficiary marries: a citizen's unmarried son or daughter moves from F1 to F3; a resident's child (F2A or F2B) loses eligibility until the petitioner naturalizes.
- The child turns 21: they may still count as under 21 under the Child Status Protection Act (CSPA), with a calculation worth reviewing with a representative.
- Divorce: a spouse petition ends with the divorce, except in abuse situations covered by VAWA.
- Death of the petitioner: the petition can survive in certain cases (humanitarian reinstatement, or if the beneficiary was already living in the United States). It requires a request.
Common questions
Can my relative come while the petition is pending?
The petition grants no permission to enter and no status. Entering on a tourist visa intending to stay can cause serious problems. Talk to a lawyer first.
Can they work with the I-130 approved?
No. The work permit is requested with the I-485, if they adjust status, or comes with the residence.
Can I petition for several relatives at once?
Yes, with one petition and one fee for each.
How do I know when my petition changes?
With the receipt number, in MigraConnect's case lookup. With MigraConnect+ you get an alert when the status changes, which on a family petition can happen just once in a year.
This guide is informational and does not replace advice from a lawyer or an accredited representative. Need additional help? Contact USCIS at 1-800-375-5283.