Form I-130 Petition for Alien Relative

Submit by Email
OMB #1615-0012; Expires 01/31/07

Department of Homeland Security
U.S. Citizenship and Immigration Services

I-130, Petition for Alien Relative
Instructions

Read the instructions carefully. If you do not follow the instructions, the U.S. Citizenship and Immigration Services (USCIS) may
have to return your petition, which may delay final action. NOTE: USCIS is comprised of offices of the former Immigration and
Naturalization Service.

1. Who May File?
A citizen or lawful permanent resident of the United States may file
this form with the U.S. Citizenship and Immigration Services
(USCIS) to establish a relationship to certain alien relatives who
wish to immigrate to the United States.
You must file a separate form for each eligible relative.

2. For Whom May You File?
A. If you are a citizen, you may file this form for:
1) Your husband, wife or unmarried child under 21 years old;
2) Your parent if you are at least 21 years old;
3) Your unmarried son or daughter over 21 years old;
4) Your married son or daughter of any age;
5) Your brother or sister if you are at least 21 years old.

2) You can establish by clear and convincing evidence
that the prior marriage through which you gained your
immigrant status was not entered into for the purpose
of evading any provision of the immigration laws; or
3) Your prior marriage through which you gained your
immigrant status was terminated by the death of your
former spouse.
F. A husband or wife, if he or she was in exclusion,
deportation, removal, rescission or judicial proceedings
regarding his or her right to remain in the United States
when the marriage took place, unless such spouse has
resided outside the United States for a two-year period
after the date of the marriage.

Draft

B. If you are a lawful permanent resident, you may file this
form for:
1) Your husband or wife;
2) Your unmarried child under 21 years of age;
3) Your unmarried son or daughter over 21 years of age.

.

NOTE:
If your relative qualifies under paragraph A(3), A(4) or A(5)
above, separate petitions are not required for his or her
husband or wife or unmarried children under 21 years of age.

.
.

G. A husband or wife, if it has been legally determined
that such an alien has attempted or conspired to enter
into a marriage for the purpose of evading the immigration
laws.

H. A grandparent, grandchild, nephew, niece, uncle, aunt,
cousin or in-law.

4. What Are the General Filing Instructions?
A. Type of print legibly in black ink.

If your relative qualifies under paragraph B(2) or B(3) above,
separate petitions are not required for his or her unmarried
children under 21 years of age.

B. If extra space is needed to complete any item, attach a
continuation sheet, indicate the item number, and date
and sign each sheet.

The persons described above under this NOTE will be able to
apply for an immigrant visa along with your relative.

C. Answer all questions fully and accurately. If any item
does not apply, write "N/A."

3. For Whom May You Not File?
You may not file for a person in the following categories:
A. An adoptive parent or adopted child, if the adoption took
place after the child's 16th birthday, or if the child has
not been in the legal custody and living with the
parent(s) for at least two years.
B. A natural parent, if the United States citizen son or
daughter gained permanent residence through adoption.
C. A stepparent or stepchild, if the marriage that created the
relationship took place after the child's 18th birthday.
D. A husband or wife, if you and your spouse were not both
not physically present at the marriage ceremony, and the
marriage was not consummated.
E. A husband or wife, if you gained lawful permanent
resident status by virtue of a prior marriage to a United
States citizen or lawful permanent resident, unless:

D. Translations. Any foreign language document must be
accompanied by a full English translation that the
translator has certified as complete and correct, and by
the translator's certification that he or she is competent
to translate the foreign language into English.
E. Copies. If these instructions state that a copy of a
document may be filed with this petition, submit a copy.
If you choose to send the original, USCIS may keep that
original for our records. If USCIS requires the
original, it will be requested.

5. What Documents Do You Need to Show That
You Are a United States Citizen?
A. If you were born in the United States, a copy of
your birth certificate, issued by the civil registrar,
vital statistics office, or other civil authority. If a
birth certificate is not available, see Section 9 on Page 3
titled, "What If a Document Is Not Available?"

1) A period of five years has elapsed since you
became a lawful permanent resident; or
Form I-130 Instructions (Rev. 4/27/06)Y

B. A copy of your naturalization certificate or certificate
of citizenship issued by USCIS or the former INS.
C. A copy of Form FS-240, Report of Birth Abroad of a
Citizen of the United States, issued by an American
Embassy or Consulate.
D. A copy of your unexpired U.S. passport; or
E. An original statement from a U.S. consular officer
verifying that you are a U.S. citizen with a valid passport.
F. If you do not have any of the above documents and you
were born in the United States, see instructions under
Section 9 on Page 3, "What If a Document Is Not
Available?"

6. What Documents Do You Need to Show That
You Are a Permanent Resident?
If you are a permanent resident, you must file your petition
with a copy of the front and back of your permanent resident
card. If you have not yet received your card, submit copies of
your passport biographic page and the page showing
admission as a permanent resident, or other evidence of
permanent resident status issued by USCIS or the former INS.

5) 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, date and place of birth of the person making the
affidavit, his or her relationship to the petitioner of
beneficiary, if any, and complete information and details
explaining how the person acquired his or her knowledge of
your marriage); or
6) Any other relevant documentation to establish that there is an
ongoing marital union.
B. A child and you are the mother: Submit a copy of the child's
birth certificate showing your name and the name of your child.
C. A child and you are the father: Submit a copy of the
child's birth certificate showing both parents' names and
your marriage certificate.
D. A child born out of wedlock and you are the father: If the
child was not legitimated before reaching 18 years old,
you must file your petition with copies of evidence that a
bona fide parent-child relationship existed between the
father and the child before the child reached 21 years.
This may include evidence that the father lived with the
child, supported him or her, or otherwise showed continuing
parental interest in the child's welfare.

Draft

7. What Documents Do You Need to Prove a
Family Relationship?

You have to prove that there is a family relationship between
you and your relative. If you are filing for:

A. A husband or wife, submit the following documentation:
1) A copy of your marriage certificate.
2) If either you or your spouse were previously married, you
must list all previous spouses on the I-130 petition and
you must submit copies of documents showing that all
prior marriages were legally terminated.
3) A passport-style color photo of yourself and a
passport-style color photo of your husband or wife,
taken within 30 days of the date of this petition. The
photos must have a white background and be glossy,
unretouched and not mounted. The dimensions of the
full frontal facial image should be about 1 inch from the
chin to top of the hair. Using pencil or felt pen, lightly
print the name (and Alien Registration Number, if
known) on the back of each photograph.
4) A completed and signed Form G-325A, Biographic
Information, for you and a Form G-325A for your
husband or wife. Except for your name and signature,
you do not have to repeat on the Form G-325A the
information given on your Form I-130 petition.
NOTE: In addition to the required documentation listed in
1) through 4) above, you should submit one or more of the
following types of documentation that may evidence that
bona fides of your marriage:
1) Documentation showing joint ownership or property; or
2) A lease showing joint tenancy of a common residence; or
3) Documentation showing co-mingling of financial resources; or
4) Birth certificate(s) of child(ren) born to you, the petitioner,
and your spouse together; or

E. A brother or sister: Submit a copy of your birth
certificate and a copy of your brother's or sister's birth
certificate showing that you have at least one common
parent. If you and your brother or sister have a common
father but different mothers, submit copies of the
marriage certificates of the father to each mother and
copies of documents showing that any prior
marriages of either your father or mothers were legally
terminated. If you and your brother or sister are related
through adoption or through a stepparent, or if you have a
common father and either of you were not legitimated
before your 18th birthday, see also H and I below.
F. A mother: Submit a copy of your birth certificate showing
your name and your mother's name.
G. A father: Submit a copy of your birth certificate showing
the names of both parents. Also give a copy of your
parents' marriage certificate establishing that your father was
married to your mother before you were born, and copies of
documents showing that any prior marriages
of either your father or mother were legally terminated. If you
are filing for a stepparent or adoptive parent, or if
you are filing for your father and were not legitimated
before your 18th birthday, also see D, H and I.
H. Stepparent/stepchild: If your petition is based on a stepparentstepchild relationship, you must file your petition with a copy of
hte marriage certificate of the stepparent to the child's natural
parent showing that the marriage occured before the child's 18th
birthday, and copies of documents showing that any prior
marriages were legally terminated.
I. Adoptive parent or adopted child: If you and the person you
are filing for are related by adoption, you must submit a copy of
the adoption decree(s) showing that the adoption took place
before the child became 16 years old.

Form I-130 Instructions (Rev. 4/27/06)Y Page 2

If you adopted the sibling of a child you already adopted, you
must submit a copy of the adoption decree(s) showing that the
adoption of the sibling occurred before that child's 18th birthday.
In either case, you must also submit copies of evidence that each
child was in the legal custody of and resided with the parent(s)
who adopted him or her for at least two years before or after
adoption. Legal custody may only be granted by a court or
recognized government entity and is usually granted at the time
of the adoption is finalized. However, if legal custidy is granted
by a court or recognized government agency prior to the
adoption, that time may count to fulfill the two-year legal
custody requirement.

8. What If Your Name Has Changed?
If either you or the person you are filing for is using a name other
than shown on the relevant documents, you must file your petition
with copies of the legal documents that effected the change, such as
a marriage certificate, adoption decree or court order.

If you live in Connecticut, Delaware, District of Columbia,
Maine, Maryland, Massacusetts, New Hampshire, New Jersey,
New York, Pennsylvania, Puerto Rico, Rhode Island,
Vermont, U.S. Virgin Islands, Virginia or West Virginia, mail
this petition to:
USCIS Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001
If you live in Alaska, Colorado, Idaho, Illinois, Indiana, Iowa,
Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska,
North Dakota, Ohio, Oregon, South Dakota, Utah,
Washington, Wisconsin or Wyoming, mail this petition to:
USCIS Nebraska Service Center
P.O. Box 87130
Lincoln, NE 68501-7130
If you live in Alabama, Arkansas, Florida, Georgia, Kentucky,
Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma,
South Carolina, Tennessee or Texas, mail this petition to:
USCIS Texas Service Center
P.O. Box 850919
Mesquite, TX 75185-0919

Draft

9. What If a Document Is Not Available?

In such situation, submit a statement from the appropriate
civil authority certifying that the document or documents are
not available. You must also submit secondary evidence,
including:
A. Church record: A copy of a document bearing the seal
of the church, showing the baptism, dedication or
comparable rite occurred within two months after birth,
and showing the date and place of the child's birth,
date of the religious ceremony and the names of the
child's parents.
B.

School record: A letter from the authority (preferably
the first school attended) showing the date of admission
to the school, the child's date of birth or age at that time,
place of birth, and names of the parents.

C. Census record: State or Federal census record showing
the names, place of birth, date of birth or the age of the
person listed.
D. Affidavits: Written statements sworn to or affirmed by
two persons who were living at the time and who have
personal knowledge of the event you are trying to prove.
For example, the date and place of birth, marriage or death.
The person making the affidavit does not have to be a
U.S. citizen. Each affidavit should contain the following
information regarding the person making the affidavit: his
or her full name, address, date and place of birth and his
or her relationship to you, if any, full information
concerning the event, and complete details explaining
how the person acquired knowledge of the event.

10. Where Should You File This Form?
If you reside in the United States, file this form at the USCIS
Service Center having jurisdiction over your place of residence.

If you live in Arizona, California, Guam, Hawaii or Nevada,
mail this petition to:
USCIS California Service Center
P.O. Box 10130
Laguna Niguel, CA 92607-0130

NOTE: If the Form I-130 petition is being filed concurrently
with Form I-485, Application to Register Permanent Residence
or Adjust Status, submit both forms at the local USCIS office
having jurisdiction over the place where the Form I-485
applicant resides.
Applicants who reside in the jurisdiction of the Baltimore, MD,
USCIS District Office should submit the Form I-130
petition and the Form I-485 concurrently to:
USCIS Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001
Petitioners residing abroad: If you live in Canada, file your
petition at the Vermont Service Center. Exception: If you are
a U.S. citizen residing in Canada, and you are petitioning for
your spouse, child, or parent, you may file the petition at the
nearest American Embassy or Consulate, except for those in
Quebec City. If you reside elsewhere outside the United States.
file your relative petition at the USCIS office overseas or the
U.S. Embassy or Consulate having jurisdiction over the area
where you live. For further information, contact the nearest
American Embassy or Consulate.

11. What Is the Fee?
You must pay $190.00 to file this form. The fee will not be
refunded, whether the petition is approved or not. Do not
mail cash. All checks or money orders, whether U.S. or
foreign, must be payable in U.S. currency at a financial
institution in the United States. When a check is drawn on
the account of a person other than yourself, write your name
on the face of the check. If the check is not honored, USCIS
will charge you $30.00.
Form I-130 Instructions (Rev. 4/27/06)Y Page 3

Pay by check or money order in the exact amount. Make the
check or money order payable to the Department of
Homeland Security, unless:

14. What Are the Penalties for Marriage
Fraud or Submitting False Information?
Title 8, United States Code, Section 1325, states that any
individual who knowingly enters into a marriage contract for
the purpose of evading any provision of the immigration laws
shall be imprisoned for not more than five years, or fined not
more than $250,000, or both.

A. You live in Guam and are filing your petition there, make
the check or money order payable to the "Treasurer,
Guam" or
B. You live in the U.S. Virgin Islands and you are filing your
petition there, make your check or money order payable to
the "Commissioner of Finance of the Virgin Islands."

Title 18, United States Code, Section 1001, states that
whoever willfully and knowingly falsifies a material fact,
makes a false statement or makes use of a false document
will be fined up to $10,000, imprisoned for up to five years,
or both.

12. When Will a Visa Become Available?
When a petition is approved for the husband, wife, parent or
unmarried minor child of a United States citizen, these persons
are classified as immmediate relatives. They do not
have to wait for a visa number because immediate relatives are
not subject to the immigrant visa limit.

15. What Is Our Authority for Collecting This
Information?
We request the information on this form to carry out the
immigration laws contained in Title 8, United States Code,
Section 1154(a). We need this information to determine
whether a person is eligible for immigration benefits. The
information you provide may also be disclosed to other
Federal, state, local and foreign law enforcement and
regulatory agencies during the course of the investigation
required by the USCIS. You do not have to give this
information. However, if you refuse to give some or all of
it, your petition may be denied.

For alien relatives in preference categories, a limited number
of immigrant visas are issued each year. The visas are
processed in the order in which the petitions are properly filed
and accepted by the USCIS. To be considered properly filed,
a petition must be fully completed and signed, and the fee must
be paid.

Draft

For a monthly report on the dates when immigrant visas are
available, call the U.S. Department of State at (202) 647-0508.

13. Notice to Persons Filing for Spouses, If
Married Less Than Two Years.

16. Paperwork Reduction Act Notice.
A person is not required to respond to a collection of
information unless it displays a currently valid OMB control
number. The public reporting burden for this collection of
information is estimated to average 90 minutes per response,
including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of
information. Send comments regarding this burden estimate
or any other aspect of this collection of information,
including suggestions for reducing this burden to the: U.S.
Citizenship and Immigration Services, Regulatory
Management Division, 111 Massachutts, Avenue N.W.,
Washington, D.C. 20529; OMB No.1615-0012. Do not mail
your completed petition to this address.

Pursuant to section 216 of the Immigration and Nationality
Act, your alien spouse may be granted conditional permanent
resident status in the United States as of the date
he or she is admitted or adjusted to conditional status by a
USCIS officer. Both you and your conditional resident
spouse are required to file Form I-751, Joint Petition to
Remove Conditional Basis of Alien's Permanent Resident
Status, during the 90-day period immediately before the
second anniversary of the date your alien spouse was
granted conditional permanent resident status.
Otherwise, the rights, privileges, responsibilites and duties
that apply to all other permanent residents apply equally to a
conditional permanent resident. A conditional permanent
resident is not limited to the right to apply for naturalization,
file petitions on behalf of qualifying relatives or reside
permanently in the United States as an immigrant in
accordance with our nation's immigration laws.
NOTE: Failure to file the Form I-751 joint petition to remove
the conditional basis of the alien spouse's permanent resident
status will result in the termination of his or her permanent
resident status and initiation of removal proceedings.

Checklist.

..
..
.
..
.

Did you answer each question on the Form I-130 petition?
Did you sign and date the petition?
Did you enclose the correct filing fee for each petition?
Did you submit proof of your U.S. citizenship or lawful
permanent residence?
Did you submit other required supporting evidence?

If you are filing for your husband or wife, did you include:
His or her photograph?
Your completed Form G-325A?
His or her Form G-325A?

Information and Forms: For information on immigration laws, regulations and procedures or to order USCIS forms, call our toll-free
forms line at I-800-870-3676, our National Customer Service Center at 1-800-375-5283 or visit the USCIS website at www.uscis.gov.
Form I-130 Instructions (Rev. 4/27/06)Y Page 4

OMB #1615-0012; Expires 01/31/07

Department of Homeland Security
U.S. Citizenship and Immigration Services

I-130, Petition for Alien Relative

DO NOT WRITE IN THIS BLOCK - FOR USCIS OFFICE ONLY

A#

Action Stamp

Fee Stamp

Section of Law/Visa Category
201(b) Spouse - IR-1/CR-1
201(b) Child - IR-2/CR-2
201(b) Parent - IR-5
203(a)(1) Unm. S or D - F1-1
203(a)(2)(A)Spouse - F2-1

(priority date)

Petition was filed on:

203(a)(2)(A) Child - F2-2

Personal Interview

Previously Forwarded

203(a)(2)(B) Unm. S or D - F2-4

Pet.

I-485 Filed Simultaneously

203(a)(3) Married S or D - F3-1

Field Investigation

204(g) Resolved

203(a)(4) Brother/Sister - F4-1

203(a)(2)(A) Resolved

203(g) Resolved

Ben. " A" File Reviewed

Remarks:

A. Relationship

You are the petitioner. Your relative is the beneficiary.

1. I am filing this petition for my:
Husband/Wife

Parent

2. Are you related by adoption?
Brother/Sister

B. Information about you

(mm/dd/yyyy)

Yes

No

(Zip/Postal Code)

(State/Country)

Male
Female

6. Marital Status
Married
Widowed

(Middle)
(Apt. No.)

2. Address (Number and Street)

(Zip/Postal Code)

(State/Country)

(Town or City)

3. Place of Birth (Town or City)

(State/Country)

5. Gender

(First)

1. Name (Family name in CAPS)

(A pt.No. )

3. Place of Birth (Town or City)
4. Date of Birth

3. Did you gain permanent residence through adoption?

No

Draft
(Middle)

2. Address (Number and Street)
(Town or City)

Yes

C. Information about your relative

(First)

1. Name (Family name in CAPS)

Child

Single
Divorced

(State/Country)

6. Marital Status

5. Gender

4. Date of Birth

(mm/dd/yyyy)

Male
Female

Married
Widowed

7. Other Names Used (including maiden name)

7. Other Names Used (including maiden name)

8. Date and Place of Present Marriage (if married)

8. Date and Place of Present Marriage (if married)

9. U.S. Social Security (if any)
11. Name(s) of Prior Husband(s)/Wive(s)

10. Alien Registration Number
12. Date(s) Marriage(s) Ended

9. U.S. Social Security (if any)

10. Alien Registration Number
12. Date(s) Marriage(s) Ended

11. Name(s) of Prior Husband(s)/Wive(s)

13. Has your relative ever been in the U.S.?

13. If you are a U.S. citizen, complete the following:
My citizenship was acquired through (check one):
Birth in the U.S.
Naturalization. Give certificate number and date and place of issuance.

Single
Divorced

Yes

No

14. If your relative is currently in the U.S., complete the following:

He or she arrived as a:
(visitor, student, stowaway, without inspection, etc.)
Arrival/Departure Record (I-94)
Date arrived (mm/dd/yyyy)

Parents. Have you obtained a certificate of citizenship in your own name?
Yes. Give certificate number, date and place of issuance.

No

14. If you are a lawful permanent resident alien, complete the following:
Date and place of admission for or adjustment to lawful permanent
residence and class of admission.

14b. Did you gain permanent resident status through marriage to a
U.S. citizen or lawful permanent resident?
Yes
No

INITIAL RECEIPT

RESUBMITTED

Date authorized stay expired, or will expire,
as shown on Form I-94 or I-95
15. Name and address of your relative's present employer (if any)
Date this employment began (mm/dd/yyyy)

16. Has your relative ever been under immigration proceedings?
No
Removal

RELOCATED: Rec'd

Sent

Yes Where
Exclusion/Deportation
COMPLETED: Appv'd

When
Rescission
Denied

Judicial Proceedings
Ret'd

Form I-130 (Rev. 4/27/06)Y

C. Information about your alien relative (continued)
17. List husband/wife and all children of your relative. (Children may include in wedlock, out of wedlock, stepchildren, and adopted children.)
(Name)
(Relationship)
(Date of Birth)
(Country of Birth)

18. Address in the United States where your relative intends to live.
(Street Address)

(State)

(Town or City)

19. Your relative's address abroad. (Include street, city, province and country)
Phone Number (if any)

Draft

20. If your relative's native alphabet is other than Roman letters, write his or her name and foreign address in the native alphabet.
Address (Include street, city, province and country):
(Name)

21. If filing for your husband/wife, give last address at which you lived together. (Include street, city, province, if any, and country):
From:
To:
(Month) (Year) (Month) (Year)
22. Complete the information below if your relative is in the United States and will apply for adjustment of status.
Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in:
. If your relative is not eligible for adjustment of status, he or she
(City)
(State)
will apply for a visa abroad at the American consular post in
(Country)
(City)
NOTE: Designation of an American embassy or consulate outside the country of your relative's last residence does not guarantee acceptance for
processing by that post. Acceptance is at the discretion of the designated embassy or consulate.

D. Other information
1. If separate petitions are also being submitted for other relatives, give names of each and relationship.

2. Have you ever before filed a petition for this or any other alien?
If "Yes," give name, place and date of filing and result.

Yes

No

WARNING: USCIS investigates claimed relationships and verifies the validity of documents. USCIS seeks criminal prosecutions when
family relationships are falsified to obtain visas.
PENALTIES: By law, you may be imprisoned for not more than five years or fined $250,000, or both, for entering into a marriage contract
for the purpose of evading any provision of the immigration laws. In addition, you may be fined up to $10,000 and imprisoned for up to five
years, or both, for knowlingly and willfully falsifying or concealing a material fact or using any false document in submitting this petition.
YOUR CERTIFICATION: I certify, under penalty of perjury under the laws of the United States of America, that the foregoing is true and
correct. Furthermore, I authorize the release of any information from my records that the U.S. Citizenship and Immigration Services needs to
determine eligiblity for the benefit that I am seeking.

E. Signature of petitioner.
Date

Phone Number(

)

F. Signature of person preparing this form, if other than the petitioner.
I declare that I prepared this document at the request of the person above and that it is based on all information of which I have any knowledge.
Print Name
Address

Signature

Date
G-28 ID or VOLAG Number, if any.
Form I-130 (Rev. 4/27/06)Y Page 2