Form I-130 (Petition for Alien Relative)

What It Means

Form I-130, Petition for Alien Relative, is the first step in almost every family-based immigration case and is codified under INA sections 201(b) and 203(a). U.S. citizens may petition for their spouse, unmarried children under 21 (immediate relative), parents (if the petitioner is at least 21), married children of any age (F3), unmarried adult children (F1), and siblings (F4, petitioner must be at least 21). LPRs may petition only for their spouse and unmarried children under 21 (F2A) and unmarried adult children (F2B). Immediate relative petitions (IR-1 spouse, IR-2 child, IR-5 parent) are not subject to annual numerical caps, so priority dates in those categories are always current. Preference category petitions (F1, F2A, F2B, F3, F4) are subject to the 226,000 family-preference annual ceiling and the 7% per-country cap, driving multi-decade waits for high-volume sending countries. The current I-130 filing fee is $675 paper or $625 online, with no biometrics fee for the petitioner. Processing times vary significantly by relationship and field office, ranging from under 12 months for immediate relative spouses to over 36 months for F4 siblings filed at some service centers. USCIS also adjudicates Form I-130A, the Supplemental Information for Spouse Beneficiary, jointly with spousal petitions. Establishing a bona fide marriage is the most heavily scrutinized I-130 element, with Stokes interviews, extensive documentary evidence requirements, and referral to the Fraud Detection and National Security Directorate (FDNS) in cases with red flags. The I-130 priority date generally becomes the priority date for any subsequent I-485 or consular immigrant visa application.

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