Petition for Alien Relative

OMB #1615-0012; Expires 11/30/07

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

Instructions for I-130, Petition for Alien Relative
Instructions

Please read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet(s) of paper. Write your name and Alien Registration Number (A #), if any, at the top of each sheet of paper
and indicate the section and number of the item to which the answer refers.

What Is the Purpose of this Form.
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 the existence of a relationship to certain
alien relatives who wish to immigrate to the United States.
You must file a separate form for each eligible relative.

Who May File This Form I-130.
1. If you are a U.S. citizen, you may file this form for:
A.
B.
C.
D.
E.
F.

Your husbandor wife
Your unmarried child under age 21
Your unmarried son or daughter age 21 or older
Your married son or daughter of any age;
Your brother(s) or sister(s) (you must be age 21 or older)
Your mother or father (you must be age 21 or older)

2. If you are a lawful permanent resident of U.S, you may file this
form for:
A. Your husband or wife;
B. Your unmarried child under age 21
C. Your unmarried son or daughter age 21 or older
NOTE:
1. There is no visa category for married children of permanent
residents. If an unmarried son or daughter of a permanent
resident marries before the permanent resident becomes a
U.S. citizen any petition filed for that son or daughter will be
automatically revoked.
2. If your relative qualifies under paragraph 1(C), 1(D) or 1(E)
above, separate petitions are not required for his or her
husband or wife or unmarried children under 21 years of age.
3. If your relative qualifies under paragraph 2(B) or 2(C)
above, separate petitions are not required for his or her
unmarried children under 21 years of age.

2. A natural parent, if the United States citizen son or daughter
gained permanent residence through adoption.
3. A stepparent or stepchild, if the marriage that created the
relationship took place after the child's 18th birthday.
4. A husband or wife, if you and your spouse were not both
physically present at the marriage ceremony, and the marriage
was not consummated.
5. 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:
A. A period of five years has elapsed since you became a
lawful permanent resident; or
B. 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
C. Your prior marriage through which you gained your
immigrant status was terminated by the death of your
former spouse.
6. 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.

7. 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.
8. A grandparent, grandchild, nephew, niece, uncle, aunt,
cousin or in-law.

General Instructions.
Step 1. Fill Out the Form I-130
1. Type or print legibly in black ink.

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

Who May Not File This Form I-130.
You may not file for a person in the following categories:
1. 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.

2. If extra space is needed to complete any item, attach a
continuation sheet, indicate the item number, and date and
sign each sheet.
3. Answer all questions fully and accurately. State that an
item is not applicable with "N/A." If the answer is none,
write "none."
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.
Form I-130 Instructions (Rev. 07/30/07)Y

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.

D. 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.

What Documents Do You Need to Show That You
Are a United Citizen?

NOTE: In addition to the required documentation listed
above, you should submit one or more of the following
types of documentation that may evidence that bona fides
of your marriage:

1. 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
Page 3, titled "What If a Document Is Not Available?"
2. A copy of your naturalization certificate or certificate of
citizenship issued by USCIS or the former INS.
3. A copy of Form FS-240, Report of Birth Abroad of a
Citizen of the United States, issued by an American
Embassy or Consulate.
4. A copy of your unexpired U.S. passport; or
5. An original statement from a U.S. consular officer
verifying that you are a U.S. citizen with a valid passport.
6. If you do not have any of the above documents and you
were born in the United States, see instructions under
Page 3, "What If a Document Is Not Available?"

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.

What Documents Do You Need to Prove Family
Relationship?
You have to prove that there is a family relationship between
you and your relative. If you are filing for:
1. A husband or wife, submit the following documentation:
A. A copy of your marriage certificate.
B. If either you or your spouse were previously married
submit copies of documents showing that all prior
marriages were legally terminated.
C. 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.
D. 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.

E. Documentation showing joint ownership or property;
or
F. A lease showing joint tenancy of a common residence;
or
G. Documentation showing co-mingling of financial
resources; or
H. Birth certificate(s) of child(ren) born to you, the
petitioner, and your spouse together; or
I. 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
J. Any other relevant documentation to establish that
there is an ongoing marital union.
2. 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.
3. A child and you are the father: Submit a copy of the
child's birth certificate showing both parents' names and
your marriage certificate.
4. 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.

5. 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 8 and 9
below.
6. A mother: Submit a copy of your birth certificate
showing your name and your mother's name.
Form I-130 Instructions (Rev. 07/30/07)Y Page 2

7. 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 4, 8 and 9.
8. Stepparent/stepchild: If your petition is based on a
stepparent-stepchild 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.
9. 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.
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.

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.

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.

Where To File.
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 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
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 concurrently
to:
U.S. Citizenship and Immigration Services
P.O. Box 805887
Chicago, IL 60680-4120

Form I-130 Instructions (Rev. 07/30/07)Y Page 3

Or, for non-United States Postal Service (USPS) deliveries
(such as overnight delivery services):
U.S. Citizenship and Immigration Services
Attn: FBASI
427 S. LaSalle - 3rd Floor
Chicago, IL 60605-1098
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.

2. Review the Fee Schedule included in your form
package, if you called us to request the form or
3. Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.

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.

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.
For a monthly report on the dates when immigrant visas
are available, call the U.S. Department of State at (202)
663-1541, or visit our web site at: www.travel.state.gov.

Address Changes.
What Is the Filing Fee.
The filing fee for a Form is $355.00.
Use the following guidelines when you prepare your check or
money order for the Form I-130:
1. The check or money order must be drawn on a bank or
other financial institution located in the United States and
must be payable in U.S. currency; and
2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam and are filing your petition
there, make it payable to Treasurer, Guam.
B. If you live in the U.S. Virgin Islands and are filing
your petition there, make it payable to
Commissioner of Finance of the Virgin Islands.
C. If you live outside the United States, Guam, or the
U.S. Virgin Islands, contact the nearest U.S.
consulate or embassy for instructions on the
method of payment.
NOTE: Please spell out U.S. Department of Homeland
Security; do not use the initials "USDHS" or "DHS."
How to Check If the Fees Are Correct.
The form fee on this form is current as of the edition date
appearing in the lower right corner of this page. However,
because USCIS fees change periodically, you can verify if the
fees are correct by following one of the steps below:

If you change your address and you have an application or
petition pending with USCIS, you may change your address
on-line at www.uscis.gov, click on "Change your address with
USCIS" and follow the prompts or by completing and mailing
Form AR-11, Alien's Change of Address Card, to:
U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134
For commercial overnight or fast freight services only, mail
to:
U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744

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

1. Visit our website at www.uscis.gov, select
"Immigration Forms" and check the appropriate fee;

Form I-130 Instructions (Rev. 07/30/07)Y Page 4

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.

Penalties.
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with this request, we will
deny the benefit you are filing for, and may deny any other
immigration benefit.
In addition, you will face severe penalties provided by law,
and may be subject to criminal prosecution.

Privacy Act Notice.

Processing Information.
Acceptance. Any application that is not signed or
accompanied by the correct fee will be rejected with a notice
that the application is deficient. You may correct the
deficiency and resubmit the application. However, an
application is not considered properly filed until accepted by
USCIS.
Initial Processing. Once the application has been accepted, it
will be checked for completeness, including submission of the
required initial evidence. If you do not completely fill out the
form or file it without the required initial evidence, you will
not establish a basis for eligibility and we may deny your
application.
Requests for More Information. We may request more
information or evidence, or we may request that you appear at
a USCIS office for an interview. We may also request that
you submit the originals of any copy. We will return these
originals when they are no longer needed.
Decision. The decision on the Form I-130 involves a
determination of whether you have established eligibility for
the requested benefit. You will be notified of the decision in
writing.

USCIS Forms and Information.
To order USCIS forms, call our toll-free number at
1-800-870-3676. You can also get USCIS forms and
information on immigration laws, regulations and procedures
by telephoning our National Customer Service Center at
1-800-375-5283 or visiting our internet website at www.uscis.
gov.
As an altenative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
our internet-based system, InfoPass. To access the system,
visit our website. Use the InfoPass appointment scheduler and
follow the screen prompts to set up your appointment.
InfoPass generates an electronic appointment notice that
appears on the screen.

We ask for the information on this form, and associated
evidence, to determine if you have established eligibility for
the immigration benefit for which you are filing. Our legal
right to ask for this information is in 8 U.S.C. 1255. We may
provide this information to other government agencies.
Failure to provide this information, and any requested
evidence, may delay a final decision or result in denial of
your request.

Paperwork Reduction Act.
An agency may not conduct or sponsor an information
collection and 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 at 90 minutes per
response, including the time for reviewing instructions,
completing and submitting the form. Send comments
regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing
this burden, to: U.S. Citizenship and Immigration Services,
Regulatory Management Division, 111 Massachusetts
Avenue, N.W., 3rd Floor, Suite 3008, Washington, DC
20529. OMB No. 1615-0012. Do not mail your application
to this address.

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?
Form I-130 Instructions (Rev. 07/30/07)Y Page 5