On this page
- Short answer
- Who can file Form I-130?
- Checklist: which forms go in the package?
- Checklist: what evidence proves your status?
- Checklist: what evidence proves the relationship?
- Checklist: what extra goes in for a spouse?
- Which Part 4 option do you choose, and why only one?
- Should you file online or on paper?
- Mistakes that get a petition rejected
- How do you fill the I-130 without retyping everything?
- Questions people ask
- Sources
Short answer
An I-130 package needs the signed Form I-130, proof of the petitioner's US citizenship, permanent residence or US national status, and proof of the family relationship. Spouse petitions also need Form I-130A, two passport-style photos of each spouse (the beneficiary's if in the US) and evidence the marriage is real. Add Form G-28 if you have an attorney or accredited representative, and optionally Form G-1145. Choose exactly one option in Part 4, and don't send originals unless asked.
Key takeaways
- US citizens, permanent residents and non-citizen US nationals can file; one I-130 per relative.
- Spouse petitions need Form I-130A and photos, plus evidence of a bona fide marriage.
- Part 4 needs exactly one answer: Question 61 (adjust in the US) or Question 62 (consular processing).
- Send copies, not originals, and include certified English translations of foreign-language documents.
- USCIS rejects unsigned petitions and petitions missing certain required fields.
The I-130 is the form that starts a family green card case, and it's also the one most often sent back for something small: a blank Part 4, a missing signature, a spouse's I-130A left out of the envelope. None of those are hard to get right. They're just easy to miss when you're gathering a decade of paperwork.
This checklist is built from the USCIS I-130 page and the form instructions. It's general information, not legal advice. An immigration attorney or DOJ-accredited representative can advise on your case.
Who can file Form I-130?
A US citizen, a lawful permanent resident, or a US national who isn't a citizen. USCIS says the petition is used to "establish your qualifying relationship" with a relative who wants a green card. You file "a separate Form I-130 for each eligible relative", though some spouses and children can ride along as derivative beneficiaries.
Who each petitioner can file for, from the instructions:
| Petitioner | Can file for |
|---|---|
| US citizen | Spouse; unmarried children under 21; unmarried sons or daughters 21+; married sons or daughters of any age; brothers or sisters (if you're 21+); mother or father (if you're 21+) |
| Lawful permanent resident | Spouse; unmarried child under 21; unmarried son or daughter 21+ |
| Non-citizen US national | Same as a permanent resident |
And who you can't file for: the instructions list "a grandparent, grandchild, nephew, niece, uncle, aunt, cousin, or parent-in-law," plus specific adoption, step-relationship and marriage situations. Check the "Who May Not File" section of the instructions (opens in a new tab) if any of those could apply.
Checklist: which forms go in the package?
The I-130 itself, signed. For a spouse, Form I-130A. If you have an attorney or accredited representative, Form G-28. Optionally, Form G-1145 for a text or email when a lockbox accepts the petition. And the filing fee from the USCIS fee schedule. That's the whole form list for most petitions.
Check the edition date at the bottom of every page against the I-130 page (opens in a new tab). USCIS says that if pages are "from a different form edition, we may reject your form."
Checklist: what evidence proves your status?
One document showing you're a US citizen, permanent resident or US national. USCIS accepts, among others, a US birth certificate, a naturalization or citizenship certificate, a Consular Report of Birth Abroad (FS-240), an unexpired US passport, or both sides of your green card. Send a copy, not the original.
Checklist: what evidence proves the relationship?
A civil document that links you to the relative: a marriage certificate for a spouse, the child's birth certificate for a child, your own birth certificate for a parent, and both birth certificates for a sibling. Spouses add proof that any prior marriages ended, plus evidence that the marriage is real.
Checklist: what extra goes in for a spouse?
Form I-130A, photos and evidence of a bona fide marriage. USCIS lists the kinds of evidence it accepts: joint property, a joint lease, combined finances, children born together, and sworn affidavits from people who know the marriage. The instructions also ask for two passport-style photos of each spouse, taken within 30 days of filing.
Bona fide marriage evidence (from the USCIS I-130 page):
Photos (from the instructions):
Which Part 4 option do you choose, and why only one?
Choose Question 61 if your relative will apply for a green card inside the US (adjustment of status), or Question 62 if they'll go through a US embassy or consulate (consular processing). USCIS says you "must select only 1 option", and "Do not complete both questions, and do not leave this section blank."
Why it matters: the answer tells USCIS whether to keep the approved petition or send it to the National Visa Center. If Part 4 isn't filled correctly, USCIS "will use discretion to decide" based on evidence such as the relative's address on the petition.
If plans change while the petition is pending, USCIS says to contact the office on your receipt notice or the USCIS Contact Center, or to submit a statement with the updated address through your online account. After approval, a switch to consular processing may need Form I-824.
Should you file online or on paper?
Either works for most petitioners. Online filing through a USCIS account gives you a receipt in the account and avoids mailing. Paper filing goes to a lockbox based on where you live, and whether your relative files an I-485 at the same time. Check the I-130 page for current filing locations before mailing.
Some points to weigh:
- Online: USCIS says you can file online "even if your alien relative is in the United States and will later file Form I-485 online from their own USCIS online account or by mail." Give your relative a copy of the receipt for their I-485 packet.
- Paper with concurrent I-485: where to send it depends on whether the I-485 is filed together. USCIS changes filing locations from time to time, so use the Direct Filing Addresses page (opens in a new tab) linked from the I-130 page.
- Petitioners abroad: USCIS describes options to file with a lockbox, online, or in limited cases at an embassy or consulate.
Mistakes that get a petition rejected
USCIS lists them. It will reject an unsigned petition, and a petition missing certain fields in Part 1 (relationship), Part 2 (your name, date of birth, mailing address and marital information) and Part 4 (the beneficiary's name, date of birth, physical address and marital information). Wrong-edition pages can also lead to rejection.
The instructions also ask for the signature of anyone who prepared or interpreted the petition, in their own sections.
How do you fill the I-130 without retyping everything?
Keep the petitioner's and beneficiary's details in one record and fill the I-130 and I-130A from it. The same names, addresses and marriage history then flow into the I-485, I-864 and I-765 later, so they match across the package. It's the matching, more than the typing, that saves rework.
AppliFlo's PDF & Word forms includes the I-130 in its library of 54 official forms and fills it from the client record, flagging anything uncertain for a person to check. Print the filled petition for the petitioner's ink signature. The visa and immigration page shows how the rest of the case fits around it.
Next, read the family green card forms guide for what follows the I-130, and the I-864 guide to get the sponsor's documents moving early.
Questions people ask
What documents do I need for Form I-130?
Proof of your status (for example a US birth certificate, naturalization certificate, US passport or both sides of your green card) and proof of the relationship (such as a marriage or birth certificate). For a spouse, also include Form I-130A, photos, proof that prior marriages ended, and evidence the marriage is genuine, such as a joint lease or combined finances.
Who can file an I-130?
A US citizen, lawful permanent resident, or US national who isn't a citizen. Citizens can file for a spouse, children and sons or daughters of any age or marital status, and, if 21 or older, parents and siblings. Permanent residents can file for a spouse and unmarried children or sons and daughters. Grandparents, cousins, aunts, uncles and in-laws don't qualify.
Do I need Form I-130A?
Yes, if you're petitioning for your spouse. USCIS says: 'If you submit a petition for your spouse, you must also submit Form I-130A.' Your spouse completes and signs it. If your spouse is overseas, the I-130 instructions say the I-130A 'must still be completed', but your spouse doesn't have to sign it. It isn't needed for other relatives.
Can I file the I-130 online?
Yes. USCIS lets petitioners file Form I-130 online through a USCIS online account, or by mail. USCIS notes you can file online even if your relative will later file their Form I-485 online or by mail. After filing, USCIS sends a receipt notice, which your relative includes in their I-485 packet if they're adjusting status.
Should I send original documents?
No, unless USCIS asks. The I-130 page says: 'Do not send original documents unless specifically requested in the form instructions or applicable regulations.' The instructions warn that originals sent when not required may be destroyed. Send clear copies, and keep the originals ready in case USCIS requests them later.
Sources
- USCIS — I-130, Petition for Alien Relativeuscis.gov (opens in a new tab)
- USCIS — Instructions for Form I-130 and I-130A (PDF)uscis.gov (opens in a new tab)
- USCIS — G-28, Notice of Entry of Appearance as Attorney or Accredited Representativeuscis.gov (opens in a new tab)
- USCIS — G-1145, E-Notification of Application/Petition Acceptanceuscis.gov (opens in a new tab)
- USCIS — G-1055, Fee Scheduleuscis.gov (opens in a new tab)
