This guide will assist those who wish to apply for an I-130 immigrant visa for a qualifying family member. This guide is intended to provide users with generalized instructions for completing the I-130 visa petition process. However, this guide is not a substitute for legal advice. Please review our policy regarding the information contained in these guides before proceeding.
We hope that you find this guide useful in helping you navigate the world of U.S. immigration law.
The first step in the I-130 is to determine if you and/or your family member qualify to file an I-130 immigrant visa petition.
In order to qualify, the petitioner must be a U.S. Citizen or lawful permanent resident and the foreign national relative must fall into 1 of 5 preference categories.
Once you have determined if you and/or your family member qualify for the I-130 immigrant visa process it is useful to know how long the process will take by consulting the current visa bulletin published by the U.S. Department of State. Because case processing times can vary from 12 months to 15 years this may affect your decision to proceed further.
The most common reason that immigration petitions are rejected is because the petition is filed without the required supporting documentation. This section will help you avoid this problem and prepare the required supporting documentation for your I-130 immigrant visa petition.
The required supporting documentation varies depending on the type of relative the petition is being filed for. We have provided a list of the required documentation for many of the I-130 preference classes.
Evidence of Status
U.S. Citizens (must have one of the following:)
1. Birth Certificate
2. Certificate of Naturalization
3. Passport (only if birth certificate is not available.)
Lawful Permanent Residents (LPRs)
1. Copy of both sides of I-551 or “Green Card.”
Documentation of Relationship
1. A copy of the marriage certificate showing that the step-parent/step-child relationship was created before the step-child's 18th birthday.
2. Copies of divorce decree or other evidence showing legal termination of any prior marriages of step-parent.
Evidence of Status
U.S. Citizens (must have one of the following:)
1. Birth Certificate
2. Certificate of Naturalization
3. Passport (only if birth certificate is not available.)
Lawful Permanent Residents (LPRs)
1. Copy of both sides of I-551 or “Green Card.”
Documentation of Relationship
1. Copy of birth certificate naming you as the father or mother of the child; OR
2. Copy of adoption decree showing that child was adopted before his or her 16th birthday.
Evidence of Status
U.S. Citizens (must have one of the following:)
1. Birth Certificate
2. Certificate of Naturalization
3. Passport (only if birth certificate is not available.)
Lawful Permanent Residents (LPRs)
1. Copy of both sides of I-551 or “Green Card.”
Documentation of Relationship
1. A copy of your birth certificate showing your name and your mother's or father's name.
Evidence of Status
U.S. Citizens (must have one of the following:)
1. Birth Certificate
2. Certificate of Naturalization
3. Passport (only if birth certificate is not available.)
Lawful Permanent Residents (LPRs)
1. Copy of both sides of I-551 or “Green Card.”
Documentation of Relationship
1. A copy of your birth certificate.
2. A copy of your sibling's birth certificate.
*Birth certificates must clearly show that you and your sibling have one common parent (i.e. same father or same mother.)
Evidence of Status
U.S. Citizens (must have one of the following)
1. Birth Certificate
2. Certificate of Naturalization
3. Passport (only if birth certificate is not available.)
Lawful Permanent Residents (LPRs)
1. Copy of both sides of I-551 or “Green Card.”
Documentation of Relationship
1. Copy of marriage certificate.
2. Copies of certificates or decrees of divorces evidencing legal termination of any prior marriages
3. Passport-style photographs of you and your spouse.
Although not required, the USCIS also recommends that you submit one or more of the following as evidence that the relationship is a bona fide marriage:
1. Deed or lease showing husband and wife as joint owners or lessee's (renters) of property.
2. Bank statement showing joint ownership of bank account.
3. Birth certificates of any children of you and your spouse.
Make Copies
Once you have gathered all the supporting documentation make 2 copies of everything. 1 copy will be submitted to the USCIS with your petition and the otehr copy and the original will be retained by you.
The I-130 immigrant visa requires the preparation and filing of 3 USCIS forms:
Download these forms and complete them with the required information. Please note that form G-325A must be prepared for yourself and for your foreign national family member.
Once you have completed the forms, print out 3 copies of each and sign all copies where indicated. You will keep two copies for your records and file one original with the USCIS.
Once you have collected all of the supporting documentation and prepare the required forms, the next step is to prepare the petition package for filing. To ensure that the petition package includes all of the required documents and information follow these steps:
1. Make sure you have the signed and dated Form I-130
2. Make sure you have 4 copies each of Form G-325A for yourself and your foreign national relative.
3. Make sure all of the required supporting documentation for your type of filing is included.
4. Obtain a certified check or money order made payable to the USCIS in the amount of the current filing fee. See USCIS I-130 instructions.
5. Prepare a cover letter to addressed to the USCIS. See sample attached.
6. Make copies of the entire petition package for your records.
7. Prepare envelope for mailing petition package to appropriate USCIS address. Use expedited service such as Federal Express or UPS or request return receipt for USPS. This will ensure that you have proof of delivery.
Currently, all I-130 stand along petitions are filed with the Chicago Lockbox. Petitions should be filed with the appropriate PO Box that corresponds to the petitions place of residence. Please review the USCIS filing instructions for the correct filing address for your petition. These addresses are for petitions sent via USPS.
Petitioners who reside in AK, AZ, CA, CO, Guam, HI, ID, IL, IN, IA, KS, MI, MN, MS, MT, NE, NV, ND, OH, OR, SD, UT, WA, WI, or WY must file their stand-alone Form I-130s with the Lockbox using the following address:
USCIS
P.O. Box 804625
Chicago, IL 60680-4107
Petitioners who reside in AL, AR, CT, DL, FL, GA, KY, LA, ME, MD, MA, NH, NJ, NM, NY, NC, OK, PA, Puerto Rico, RI, SC, TN, TX, VT, VA, U.S. Virgin Islands, WV, or District of Columbia must file their stand-alone Form I-130 with the Lockbox using the following address:
USCIS
P.O. Box 804616
Chicago, IL 60680-4107
Any U.S. resident petitioner submitting a completed I-130 by courier/express delivery, should use the following address:
USCIS Lockbox
Attn: SAI-130
131 South Dearborn – 3rd Floor
Chicago, IL 60603-5517
Once you have submitted the I-130 petition package to the USCIS, it will undergo initial processing. During initial processing, the USCIS determines if it meets the minimum requirements for acceptance, including enclosure of check for proper fee amount and other preliminary matters. If your petition meets these criteria the USCIS will send you a receipt notice indicating that your petition has been accepted. Conversely, if you petition does not meet the initial screening criteria the USCIS will send you a rejection notice indicating why the petition was rejected.
It usually takes the USCIS about 30-60 days to process a case and issue and mail a rejection or receipt notice so don't worry if you haven't received anything in this time frame. However, it is important to confirm that the petition was actually received through package tracking with a private courier or a USPS return receipt.
Assuming the petition is accepted for filing, the USCIS will continue processing the petition. If the USCIS determines that some required evidence is missing it will issue a request for the missing documents called a Request for Additional Evidence. It is very important that you respond to any RFE which is issued in a timely fashion.
If no RFEs are issued or after the USCIS has received your response to any RFEs and the petition is complete it will adjudicate the petition. This means that the petition will either be approved or denied. If the petition is denied you will receive a notice indicated the reasons for the denial. If the petition is approved you will receive an approval notice and your case will be forwarded to the National Visa Center for further processing.
Once your petition has been approved it will be forwarded to the NVC for further processing where it will be retained until it is ready to be adjudicated by the US Embassy or Consulate abroad.
Once your application is received by the NVC, you will receive a letter which will confirm the NVC's receipt of your petition. This letter will also contain your NVC case number which you can use to track the status of your case while it remains at the NVC. The NVC will also send you a set instructions which may request that you complete additional forms, submit additional information, or pay a fee.
Depending on your case's priority date, the case may remain at the NVC before it is forwarded to the US Embassy or Consulate abroad for ultimate adjudication.
For further information about NVC processing please visit the NVC's frequently asked questions page.
This is the last step in the I-130 immigrant visa process. Once your cases priority date is current and the case is otherwise ready for adjudication by the consular office abroad, the NVC will forward the case to the US Embassy or consular office with jurisdiction over your case. You will receive a letter from the NVC when this happens.
Once your case is received by the consular office abroad your relative will receive a letter containing instructions for complete the consular processing. The remainder of the sections in this guide will help guide you through those steps.
When the embassy is ready to process the petition it will forward a set of instructions and forms to you and your family member. Depending on the post which is processing your case this may take several months. However, if you have not received the instruction package from the U.S. Embassy within 2 months of receipt of your letter from the NVC advising you that the petition has been forwarded to the U.S. Embassy or Consulate abroad we advise that you contact the Embassy about the status of your case.
At this point in the process your family member will have to complete several additional government forms, provide additional supporting documentation, undergo a medical examination, and pay the required visa fee. The U.S. Embassy or Consular post will provide you with detailed instructions about their posts specific procedures.
Although each U.S. Embassy or Consular posts specific procedures and form requirements vary we have provided links to the most commonly required forms. The attached forms will be required in most all cases so you may wish to prepare them in advance for your family member. However, make sure you carefully review the instructions you receive from the U.S. Embassy to confirm that these forms are required and to be sure you provide any additional required forms.
The embassy may require additional forms. These are only general guidelines. Be sure to follow the embassy's specific instructions.
The U.S. Embassy or Consulate will send your family member a visa application package with specific instructions regarding their particular procedures for processing a I-130 immigrant visa. This package will likely also include the forms that we provided in the previous section. If you already completed these forms in advance you may use these. Be sure to review the visa application package to be sure this particular post does not require some additional form.
The visa application package you receive will also provide a list of supporting documentation your family member will have to gather and submit to the U.S. Embassy.
Finally, the visa application package will include instructions for obtaining the required medical examination and payment of the visa fee.
Once your family member has completed all the preliminary steps required by the particular U.S. Embassy or Consular post he will be scheduled for a visa interview. It is important that he or she not miss this appointment as many posts are very busy and he or she may have to wait months for a new appointment. You should advise your family member to take all of the requested supporting documentation, any forms requested, as well as a complete copy of the initial USCIS petition and approval notice you submitted to the USCIS to the interview.
After the interview, the U.S. Embassy or Consulate will issue an immigrant visa to your family member which will allow them to enter the U.S. as an immigrant. Typically, these are issued a week or so after the interview and are sent by private courier although some posts issue them immediately.
With visa in hand your family member can make travel arrangements to depart for the U.S. *We strongly discourage you from purchasing plane tickets before the visa is actually issued unless the tickets are refundable or departure dates can easily be changed.
The first, and perhaps most important step, in the Consular processing phase is to locate and visit the website of the U.S. Embassy or Consular office which will process your petition. The name of the U.S. Embassy or Consulate which will process your petition is listed on the letter you received from the NVC. Nearly all of the Embassies and Consular posts have websites now and most of them provide very thorough information about the specific procedures for processing an I-130 immigrant visa petition at their post. The Department of State website has a directory of all the U.S. Embassy and Consular posts. Locate the website for the post that will process your petition and visit the website.
Find the section called “Visas to the U.S.” or something similar. Once in this section look for the section that provides information on I-130 immigrant visa processing. It will likely be under the "Immigrant Visa" section. Carefully review and follow the instructions on the website.
Each U.S. Embassy or Consular post has specific and unique procedures for processing the I-130 immigrant visa. Many of the Embassy and Consular websites provide detailed instructions for that post's procedures. Try to locate these and review them carefully. In some cases, you will even be able to download the forms that you or your relative will be required to submit (although this is not necessary because they will be mailed to you or your relative directly.)
The consular website should also include an email address and phone number for contacting the Embassy or Consular post about the status of your case.