Petition for Alien Relative

OMB #1615-0012; Expires 01/31/2011

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

Instructions for I-130, Petition for Alien Relative
Instructions

Read these instructions carefully to properly complete this form. The filing addresses provided on this form reflect the most
current information as of the last edition of this form. If you are filing Form I-130 more than 30 days after the latest edition date
shown in the lower right corner of this form, please visit us online at www.uscis.gov before you file and check the “FORMS” page to
confirm the correct filing address and version currently in use. Check the edition date located in the lower right corner of the form. If
the edition date on your Form I-130 matches the edition date listed for Form I-130 on the “FORMS” page, your version is current. If
the edition date on the online version is later, download a copy and use it.
If you do not have Internet access, call the USCIS National Customer Service Center at 1-800-375-5283 to verify the current filing
address and edition date.

What Is the Purpose of This Form?
A citizen or lawful permanent resident of the United States
may file this form with 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.

Who May File Form I-130?
1. If you are a U.S. citizen you must file a separate Form
I-130 for each eligible relative. You may file a Form I-130
for:
A.
B.
C.
D.
E.

Your husband or 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);
F. Your mother or father (you must be age 21 or older).
2. If you are a lawful permanent resident of United States,
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.

4. The persons described in number 2 and 3 of the above
NOTE will be able to apply for an immigrant visa along
with your relative.

Who May Not File 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 2 years prior to the filing of the petition.
2. A natural parent, if the U.S. 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 U. S. 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 you married your husband or wife
while your husband or wife was the subject of an
exclusion, deportation, removal, or rescission proceeding
regarding his or her right to be admitted into or to remain
in the United States, or while a decision in any of these
proceedings was before any court on judicial review,
unless:

Form I-130 Instructions (Rev. 08/20/10)Y

You prove by clear and convincing evidence that the
marriage is legally valid where it took place, and that you
and your husband or wife married in good faith and not for
the purpose of procuring the admission of your husband or
wife as an immigrant, and that no fee or any other
consideration (other than appropriate attorney fees) was
given for your filing of this petition OR

4. A copy of your unexpired U.S. passport; or

Your husband or wife has lived outside the United States,
after the marriage, for a period of at least 2 years.

What Documents Do You Need to Show That You
Are a Permanent Resident?

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 Form I-130
1. Type or print legibly in black ink.
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.
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.

What Documents Do You Need to Show That You
Are a U.S. Citizen?
1. If you were born in the United States, a copy of your birth
certificate, issued by a civil registrar, vital statistics office,
or other civil authority.
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 a U.S. Embassy or
consulate.

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?"

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 passportstyle 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 Form G-325A the
information given on your Form I-130 petition.
NOTE: In addition to the required documentation
listed above, you should submit one or more of the
following types of documentation that may evidence
the bona fides of your marriage;
E. Documentation showing joint ownership or property; or
F. A lease showing joint tenancy of a common residence;
or

Form I-130 Instructions (Rev. 08/20/10)Y Page 2

G. Documentation showing co-mingling of financial
resources; or

6. A mother: Submit a copy of your birth certificate showing
your name and your mother's name.

H. Birth certificate(s) of child(ren) born to you, the
petitioner, and your spouse together; or

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.

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.
NOTE: If you married your husband or wife while
your husband or wife was the subject of an exclusion,
deportation, removal, or rescission proceeding
(including judicial review of the decision in one of
these proceedings), this evidence must be sufficient to
establish the bona fides or your marriage by clear and
convincing evidence.
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.

8. Stepparent/Stepchild: If your petition is based on a
stepparent-stepchild relationship, you must file your
petition with a copy of the marriage certificate of the
stepparent to the child's natural parent showing that the
marriage occurred before the child's 18th birthday, copies
of documents showing that any prior marriages were
legally terminated and a copy of the stepchild's birth
certificate.
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 2 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 the adoption is finalized.
However, if legal custody is granted by a court or
recognized government agency prior to the adoption, that
time may count toward fulfilling the 2-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.

Form I-130 Instructions (Rev. 08/20/10)Y Page 3

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?
Filing Form I-130 Alone:
If you are the petitioner and reside in the United States or
Canada, and are filing only the Form I-130, file it at the
USCIS Chicago Lockbox facility.
NOTE: Petitioners must provide a U.S., APO/FPO, or
Canadian address in Part B.2 Address, of the Form.
For U.S. Postal Service:
USCIS
P.O. Box 804625
Chicago, IL 60680-4107

For Express mail and courier deliveries:
USCIS
Attn: I-130
131 South Dearborn-3rd Floor
Chicago, IL 60603-5517
Filing Form I-130 with Form I-485:
If the beneficiary resides in the United States and is filing
Form I-485, Application to Register Permanent Residence or
Adjust Status along with Form I-130, submit both forms with
the fee in the same envelope to the USCIS Chicago Lockbox
facility, at the address below:
For U.S. Postal Service:
USCIS
P.O. Box 805887
Chicago, IL 60680-4120
For Express mail and courier deliveries:
USCIS
Attn: FBAS

131 South Dearborn-3rd Floor
Chicago, IL 60603-5517
Petitioners residing abroad:
If you reside in a country outside of the United States and
Canada, file your From I-130 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 U.S. Embassy or consulate.
E-Notification: If you are filing your Form I-130 at a USCIS
Lockbox facility, you may elect to receive an email and/or text
message notifying you that your application has been
accepted. You must complete Form G-1145, E-Notification of
Application/Petition Acceptance, and clip it to the first page of
your application. To download a copy of Form G-1145,
including the instructions, refer to www.uscis.gov “FORMS.”

What Is the Filing Fee?
The filing fee for a Form I-130 is $420.
Use the following guidelines when you prepare your check or
money order for 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

Form I-130 Instructions (Rev. 08/20/10)Y Page 4

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. Embassy or
consulate for instructions on the method of payment.
NOTE: 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:
1. Visit our Web site at www.uscis.gov, select "FORMS," and
check the appropriate fee;
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 immediate 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 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: www.travel.state.gov.

Address Changes
If you change your address and you have an application or
petition pending with USCIS, you may change your address
online at www.uscis.gov, click on "Change your address with
USCIS," and follow the prompts. Or you may complete and
mail 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 2 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.
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.

Form I-130 Instructions (Rev. 08/20/10)Y Page 5

Processing Information

Privacy Act Notice

Acceptance. Any I-130 petition that is not properly signed or
accompanied by the correct fee will be rejected with a notice
that the petition is deficient. You may correct the deficiency
and resubmit the petition. However, a rejected petition does
not retain a filing date. A petition is not considered properly
filed until accepted by USCIS.

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.

Initial Processing. Once the petition 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 USCIS may deny your
petition.
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 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 Web site at
www.uscis.gov.
As an alternative 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.

USCIS Compliance Review and Monitoring
By signing this form, you have stated under penalty of perjury
(28 U.S.C 1746) that all information and documentation
submitted with this form is true and correct. You also have
authorized the release of any information from your records
that USCIS may need to determine eligibility for the benefit
you are seeking and consented to USCIS verification of such
information.
The Department of Homeland Security has the right to verify
any information you submit to establish eligibility for the
immigration benefit you're are seeking at any time. Our legal
right to verify this information is in 8 U.S.C. 1103, 1155,
1184, and 8 CFR parts 103, 204, 205, and 214. To ensure
compliance with applicable laws and authorities, USCIS may
verify information before or after your case has been decided.
Agency verification methods may include, but are not limited
to: review of public records and information; contact via
written correspondence, the Internet, facsimile, or other
electronic transmission, or telephone; unannounced physical
site inspections of residences and places of employment; and
interviews. Information obtained through verification will be
used to assess your compliance with the laws and to determine
your eligibility for the benefit sought.
Subject to the restrictions under 8 CFR part 103.2(b)(16), you
will be provided an opportunity to address any adverse or
derogatory information that may result from a USCIS
compliance review, verification, or site visit after a formal
decision is made on your case or after the agency has initiated
an adverse action which may result in revocation or
termination of an approval.

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.
Form I-130 Instructions (Rev. 08/20/10)Y Page 6

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 and
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. 08/20/10)Y Page 7