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Form
I-130 Petition for Alien Relative
What do you need?
If you are filing Form I-130 on behalf of your Afghan national relative whose country of birth in Part 4, Item 7, is not Afghanistan, please write “OAW” at the top of your Form I-130 to be considered for a fee exemption that is effective through Sept. 30, 2024. For those petitioners that wish to be considered for the fee exemption and whose Afghan national relative was not born in Afghanistan, you cannot submit your petition online. You must complete a paper version of Form I-130 (PDF, 689.95 KB) and follow the instructions for filing the Form I-130 by mail (paper).
You may pay the fee with a money order, personal check, cashier’s check or pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.
When you send a payment, you agree to pay for a government service. Filing and biometric service fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request. Use our Fee Calculator to help determine your fee.
Pay each filing fee separately. We are transitioning to electronically processing immigration benefit requests, which requires us to use multiple systems to process your package. Because of this, you must pay each filing fee separately for any form you submit. We may reject your entire package if you submit a single, combined payment for multiple forms.
You have 2 options for filing your Form I-130 petition with USCIS:
- Online; or
- By mail (paper).
The filing location for your Form I-130 depends on where you live and if you are filing Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time (this is called “concurrent filing”).
Filing Your Form I-130 Online
The first step is to create an account. To learn more, visit our How to Create a USCIS Online Account page.You can file Form I-130 online even if your relative is in the United States and will file Form I-485 by mail. Once you submit your Form I-130 online, we will send a receipt notice to your USCIS online account. Provide a copy of the receipt notice to your relative to include in their Form I-485 packet.
You cannot file your Form I-130 online if you are applying for a fee waiver.
You cannot file Form I-485 or Form I-129F online at this time. Please see our Form I-485 and Form I-129F pages for current filing information, and refer to the form instructions for specific instructions on completing each of these forms. We will only accept and adjudicate forms that have been properly filed. We will not accept or adjudicate any Form I-485 or I-129F included as supporting evidence for a Form I-130 that was filed online.
Filing Your Form I-130 By Mail
If you reside in the United States, file at the Chicago, Dallas, Elgin, or Phoenix Lockbox, depending on where you live and whether your relative is also concurrently filing Form I-485. For a complete list of addresses, visit our Direct Filing Addresses for Form I-130 page.If you reside outside of the United States, you may:
- File at the USCIS Elgin Lockbox (see our Direct Filing Addresses for Form I-130 page for the address);
- File online using the USCIS website; or
- Request to file at the U.S. Embassy or Consulate in certain limited circumstances, as described in USCIS Policy Manual, Volume 6, Part B, Chapter 3, if you are a U.S. citizen and you are filing your Form I-130 for your immediate relative (your spouse, your unmarried child under the age of 21, or your parent (if you are 21 years of age or older)). For a list of U.S. Embassies and Consulates, go to the Department of State’s website.
Please do not submit this checklist with your Form I-130 (and Form I-130A, if required). It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form. Do not send original documents unless specifically requested in the form instructions or applicable regulations.
If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English.
Did you provide the following?
- Evidence of U.S. citizenship, lawful permanent residence, or U.S. national status:
- A copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority showing you were born in the United States;
- A copy of your naturalization or citizenship certificate issued by USCIS or the former Immigration and Naturalization Service (INS);
- A copy of Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a U.S. Embassy or U.S. Consulate;
- A copy of your unexpired U.S. passport;
- An original statement from a U.S. consular officer verifying you are a U.S. citizen with a valid passport; or
- A copy of the front and back of your Permanent Resident Card (also known as a Green Card or a Form I-551).
- Evidence of family relationship with 1 of the following (see form instructions for more detailed guidance):
- Spouse: A copy of your marriage certificate
- Evidence you or your spouse terminated any prior marriages (if applicable)
- Child: A copy of your child’s birth certificate(s).
- Parent: A copy of your birth certificate.
- Brother/Sister: A copy of the birth certificate for you and your sibling.
- Spouse: A copy of your marriage certificate
- Evidence of the bona fides of the marriage, if petitioning for a spouse:
- Documentation showing joint ownership of property;
- A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
- Documentation showing that you and your spouse have combined your financial resources;
- Birth certificates of children born to you and your spouse together;
- 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 of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired their knowledge of your marriage; and
- Any other relevant documentation to establish that there is an ongoing marital union.
- Proof of legal name change (if applicable); and
- 2 passport-style photographs (if applicable).
If you are filing Form I-130 for your adopted child
Evidence you meet requirements for the family-based petition process, including:
- A copy of the adoption decree showing the adoption took place before the child turned 16 (or 18 if the sibling exception applies);
- Evidence you have had legal custody of the adopted child for 2 years;
- Evidence you have had joint residence with the adopted child for 2 years; and
- Evidence the Hague Adoption Convention process does not apply, if you or your spouse is a U.S. citizen and the child is from a Hague Adoption Convention country. For more information visit:
- The USCIS Policy Manual, Volume 5, Adoptions, Part A, Adoption Processes and Part E, Family-Based Adoption Petitions, Chapter 3, Hague Restrictions on Family-Based Petitions.
- Fact Sheet: Adoption in U.S. Courts of Children from Hague Adoption Convention Countries, Information for State Court Judges, Child Welfare Professionals, and Adoptive Families
Form Filing TipsFiling Tips: Go to our Tips for Filing Forms by Mail page for information on how to help ensure we will accept your application.
Filing Tips for Form I-130, Petition for Alien Relative
Complete all sections of the form. We will reject the form if these fields are missing:
- Part 1 – Relationship
- Part 2 – Information About You
- Your Full Name
- Date of Birth
- Mailing Address
- Your Marital Information
- Part 4 – Information About Beneficiary
- Beneficiary Full Name
- Date of Birth
- Beneficiary’s Physical Address
- Beneficiary’s Marital Information
Don’t forget to sign your form! We will reject any unsigned form.
- Evidence of U.S. citizenship, lawful permanent residence, or U.S. national status:
This information has been compiled directly from the official USCIS website. www.uscis.gov
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