Form I-130, Explained
Navigating the I-130 Process: Eligibility, Timeline, Costs, and More
Filing Form I-130, officially titled the “Petition for Alien Relative,” is the first formal step for U.S. citizens and lawful permanent residents (green card holders) who wish to bring a family member to the United States permanently. Though relatively straightforward on the surface, the form initiates a complex legal process that varies based on the relationship involved, where the beneficiary resides, and current U.S. immigration trends.
This comprehensive TRW Law Firm guide outlines everything you need to know about Form I-130 in 2025: who can file it, required documents, cost, processing time, potential pitfalls, and what happens after approval.
What Is Form I-130?
Form I-130 is the foundational petition submitted to U.S. Citizenship and Immigration Services (USCIS) to establish a valid family relationship between a U.S. citizen or lawful permanent resident (the petitioner) and a foreign national relative (the beneficiary) seeking lawful permanent residence in the United States.
✅ Filing Form I-130 alone does not grant any immigration benefits. Instead, it verifies the familial relationship and initiates the process of applying for a family-based green card.
Who Can File Form I-130?
U.S. citizens and lawful permanent residents can use Form I-130 to sponsor specific family members:
🟩 U.S. Citizens can file for:
- Spouse
- Children (unmarried and married)
- Parents
- Siblings
🟩 Green Card Holders can file for:
- Spouse
- Unmarried children (under or over 21)
🟥 You cannot file Form I-130 for:
- Grandparents, aunts, uncles, cousins, or in-laws
- Adopted children over 16 at the time of adoption
- Stepchildren if the marriage occurred after age 18
- Biological parents if citizenship was obtained through adoption
- A spouse where the marriage occurred during immigration court proceedings, unless special circumstances apply
What Is Form I-130 Used For?
Form I-130 is submitted to:
🟩 Prove a qualifying family relationship
🟩 Establish the beneficiary’s eligibility for a green card
🟩 Secure a place in line for a visa (priority date)
📌 In marriage-based green card cases, Form I-130 proves the marriage is genuine through joint documents like:
- Marriage certificates
- Joint financial records
- Photos together
- Lease agreements or shared ownerships
Form I-130 Required Documents
To increase the chance of approval and avoid delays, petitioners must submit supporting documentation, including:
🟩 Proof of petitioner’s citizenship or permanent residency
🟩 Birth/marriage certificates to establish the relationship
🟩 Evidence the relationship is not fraudulent
🟩 Proof of legal name changes (if applicable)
🟩 National identity documents or passports of the beneficiary
💡 Missing documents? Submit a letter from the issuing authority confirming non-availability and provide secondary evidence (baptism records, school certificates, affidavits from relatives).
Form I-130 Cost
💲 The filing fee for Form I-130 in 2025 is \$675.
📌 Key Points:
- Fee is non-refundable, even if denied.
- Separate I-130 petitions must be filed for each relative.
- Acceptable payment: check, money order, or Form G-1450 for credit card.
⚠️ Always verify the latest fees on the official USCIS site or consult with TRW Law Firm to avoid underpayments or overpayments.
Form I-130 Processing Time
Processing timelines vary by relationship and whether the beneficiary is inside or outside the United States.
🟩 For U.S. citizens filing for immediate relatives:
- Within the U.S.: 9.5 months
- Outside the U.S.: 14.3 months
🟩 For green card holders:
- 35 months on average regardless of location
⏱️ Delays may occur due to missing documents or RFEs (Requests for Evidence).
Can You Expedite Form I-130?
Yes — but only in limited situations.
🟩 Expedite criteria may include:
- Humanitarian emergencies
- U.S. military deployment
- Life-threatening health issues
- USCIS error
⚠️ Expedited requests must include detailed evidence and are rarely approved. For best results, file a complete and accurate petition from the start.
How to File Form I-130
You can file online or by mail:
🟩 Online Filing:
- Requires a USCIS account
- Easier tracking, alerts, and document submission
🟩 Mail Filing:
- Submit to USCIS Lockbox based on your state
- Use correct address (Dallas, Phoenix, or Chicago)
📌 Always sign the form. Unsigned petitions will be rejected.
What Happens After Approval?
✅ After Form I-130 is approved, USCIS notifies the petitioner. But the journey doesn’t end there:
🟩 Immediate Relatives:
Can apply for a green card (Form I-485 or DS-260) immediately
🟩 Other Categories:
Must wait for their visa to become current via the Visa Bulletin
🟩 Next Steps Include:
- Form I-485 (Adjustment of Status)
- Form DS-260 (Consular Processing)
- Form I-864 (Affidavit of Support)
🔷 Form I-130 Approval Rate
📊 The approval rate for Form I-130 remains above 99% for immediate relatives. Denials are mostly due to:
🟥 Incomplete forms
🟥 Inadequate evidence
🟥 Fraud suspicion
🟥 Ineligible relationship
TRW Law Firm helps clients avoid these pitfalls with meticulous legal review and case preparation.
🔷 Common FAQs About Form I-130
Can I file I-130 while living abroad?
🟩 Yes. U.S. citizens may file from abroad and sometimes directly with the U.S. consulate. Green card holders must file through USCIS Lockbox.
Can I file I-130 for a relative in deportation proceedings?
🟩 Yes, but it won’t stop removal on its own. Coordinate with both USCIS and immigration court proceedings.
What if my financial situation changes?
🟩 If you can no longer sponsor, you can recruit a joint sponsor meeting the income threshold to submit Form I-864.
What if my I-130 is denied?
🟥 File an appeal to the Administrative Appeals Office (AAO) within 30 days of the decision (from mailing date).
Will I have to attend an interview?
🟩 Most marriage-based petitions require interviews. However, USCIS may waive interviews for:
- Parents of U.S. citizens
- Children under 14
- Certain adjustment of status cases
Can I visit the U.S. if my I-130 is pending?
🟥 Typically no. Tourist visa applications may be denied due to immigrant intent. Wait until the green card is approved.
🔷 Final Tips from TRW Law Firm
✅ Double-check every form field
✅ Gather all primary and secondary evidence
✅ Respond to RFEs promptly
✅ Always check latest fees and filing addresses
✅ Consider legal support to streamline the process
🔷 Summary Table: Form I-130 at a Glance
| Topic | Details |
|---|---|
| Purpose | Petition for Alien Relative (family-based green card sponsorship) |
| Who Can File | U.S. citizens and green card holders for eligible family members |
| Cost | \$675 |
| Processing Time (2025) | 9.5–35 months depending on relationship and location |
| Where to File | Online via USCIS or mail to Lockbox (Dallas, Chicago, or Phoenix) |
| Next Steps After Approval | File Form I-485 or DS-260, and Form I-864 (Affidavit of Support) |
| Approval Rate | 99%+ for immediate relatives |
| Common Pitfalls | Missing documents, incomplete forms, incorrect filing addresses |
| Support | TRW Law Firm offers full representation and guidance |
Contact TRW Law Firm Today
Navigating Form I-130 and the family-based green card process can be overwhelming, especially when your loved ones’ futures are on the line. At TRW Law Firm, our immigration experts are here to ensure your petition is filed thoroughly and strategically. From document review to post-approval support, we cover every step of your legal journey.
Contact Numbers:
📞 +8801708000660
📞 +8801847220062
📞 +8801708080817
Emails:
📧 info@trfirm.com
📧 info@trwbd.com
📧 info@tahmidur.com
Global Law Firm Locations:
📍 Dhaka Office: House 410, Road 29, Mohakhali DOHS
📍 Dubai Office: Rolex Building, L-12 Sheikh Zayed Road
For more information, visit tahmidurrahman.com
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