Who this guide is for
- U.S. citizens petitioning for a spouse; unmarried children under 21; unmarried sons or daughters 21 or older; married sons or daughters; or, if the citizen is at least 21, a parent, brother, or sister
- Permanent residents petitioning for a spouse, an unmarried child under 21, or an unmarried son or daughter 21 or older
- People who want to organize their documents before preparing Form I-130
Proof of the petitioner's status
- A copy of a U.S. passport, birth certificate, naturalization certificate, or certificate of citizenship, if you are a U.S. citizen
- A copy of the front and back of your Permanent Resident Card, if you are a permanent resident
Proof of the family relationship
- Spouse: your marriage certificate, plus proof that any earlier marriage of either spouse legally ended, such as a divorce decree or death certificate
- Parent: your own birth certificate showing your name and your parent's name
- Child: the child's birth certificate showing your name as the parent
- Brother or sister: your birth certificate and your sibling's birth certificate showing at least one common parent
- Fathers, stepparents, adoptive parents, and siblings who share only a father may need extra documents, such as marriage certificates or proof of legitimation; the USCIS instructions list them for each relationship
- Legal name-change documents, if a name on a record is different today
Additional items for spouse petitions
- A completed Form I-130A for the spouse beneficiary, submitted with Form I-130
- Two identical color passport-style photos of you and two of your spouse (if your spouse is in the United States), taken within 30 days of filing
- Evidence that the marriage is genuine, such as joint leases, joint bank statements, or photos together over time
Translations and copies
- A full English translation with a translator's certification for any document not in English
- Clear photocopies unless USCIS specifically asks for an original
Questions about filling out Form I-130
How far back does the petitioner's address and employment history go?
Five years. The form asks for your physical addresses and your employment for the last five years, whether inside or outside the United States.
List your current address first if it differs from your mailing address, and list your current employment first. If you are currently unemployed, the form asks you to say so.
The beneficiary section asks for the beneficiary's own address and employment information separately.
Form section: Part 2. Information About You (Petitioner): Address History and Employment History · Edition 04/01/24
What does the question about previously filed petitions mean?
It asks whether you have ever filed a petition for this beneficiary or for any other person, and whether anyone else has filed one for the beneficiary.
If you answer yes, the form asks for details such as the name, filing date and result. Prior notices from USCIS can help you answer accurately.
Form section: Part 4. Information About Beneficiary (Item 10) and Part 5. Other Information · Edition 04/01/24
Where do I say whether the beneficiary will adjust status or go to a U.S. consulate?
In the beneficiary section. You indicate either a USCIS office in the United States, if the beneficiary will apply for adjustment of status, or a U.S. Embassy or Consulate abroad.
The form notes that choosing an embassy or consulate does not guarantee it will accept the case. Whether the beneficiary can adjust status inside the United States depends on their circumstances.
Form section: Part 4. Information About Beneficiary · Edition 04/01/24
Important considerations
- Generally, you file a separate Form I-130 for each relative. In some categories, the relative's spouse and unmarried children under 21 can be listed as derivative beneficiaries instead of needing their own petition; the instructions explain when this applies.
- Permanent residents cannot petition for married sons or daughters. If a permanent resident's unmarried son or daughter marries before immigrating, the petition is denied or automatically revoked.
- Check the current filing fee with the USCIS Fee Calculator; MimiDocu's preparation fee is separate.
- An approved I-130 confirms the relationship; it does not by itself grant a green card.
When to consider legal help
Consider speaking with a qualified immigration attorney or accredited representative if your situation involves any of the following:
- Any arrest, criminal charge, or conviction, in any country
- Past or current removal (deportation) proceedings, or a prior removal order
- Unlawful presence, a prior visa overstay, or a past immigration violation
- Questions about whether you need a waiver or qualify for an exception
- A previous petition for the same relative that was denied or withdrawn
Official USCIS sources
Fees, mailing addresses, form editions, and processing times change. Always confirm them on the official USCIS pages below before you file.
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MimiDocu is an independent document-preparation service. MimiDocu is not a law firm, does not provide legal advice, does not submit applications to USCIS, and is not affiliated with USCIS or the U.S. government.
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