FormI-130
Petition for Alien Relative
Form I-130 is the first filing in almost every family-based green card case. It does not grant status by itself — it establishes, to the satisfaction of USCIS, that the family relationship you are claiming is real and legally recognised.
In plain English
Proves the family relationship that makes a green card possible.
A petition that is approved quickly is usually a petition that was assembled carefully. We build the evidence file before anything is signed: civil documents with certified translations, proof of the petitioner’s status, and — in spousal cases — a documented history of the marriage that reads as a life, not a checklist.
Where a prior marriage, an adoption, a step-relationship, or a name discrepancy across documents complicates the record, we address it in the filing rather than waiting for a Request for Evidence to raise it. Answering a question USCIS has not yet asked is far cheaper than answering it eight months later.
The petition determines the path that follows. If your relative is already in the United States and eligible, the case usually continues with Form I-485. If your relative is abroad, it continues through the National Visa Center and consular processing.
§ 01Sequence
How a Form I-130 case actually moves.
- 01
Relationship review
We confirm the category, the priority date consequences, and whether the relationship qualifies.
- 02
Evidence assembly
Civil records, certified translations, status proof, and bona fides.
- 03
Filing
The petition is filed and the receipt notice is docketed to your file.
- 04
Adjudication
We respond to any Request for Evidence and monitor the case through decision.
§ 02 · Preparation
What you will be asked to gather.
Bring what you have to the consultation, including the documents you are unsure about. Missing items are identified there, not three months into the case.
- Birth certificate for each party, with certified English translation
- Marriage certificate, if applicable
- Divorce decrees or death certificates ending every prior marriage
- Proof of the petitioner’s U.S. citizenship or permanent residence
- Evidence of a shared life: leases, joint accounts, insurance, photographs over time
Where these cases go wrong.
Not hypotheticals. These are the recurring reasons a Form I-130 filing is delayed, questioned, or denied.
- 01Filing before every prior marriage is legally terminated on paper.
- 02Translations that are not certified, or that are certified by an interested party.
- 03Name spellings that differ across passport, birth certificate, and marriage record without explanation.
- 04Thin bona fides in a marriage case — a stack of photographs is not a substitute for financial and residential commingling.
§ 03Related filings
A case is rarely one form.
Most clients file two or three of these over several years. Knowing the sequence in advance is how you avoid paying twice for the same evidence.
- I-485Application to Register Permanent ResidenceTurns an approved petition into a green card without leaving the country.Green card
- N-400Application for NaturalizationThe last filing. Permanent resident becomes United States citizen.Citizenship
- I-751Petition to Remove Conditions on ResidenceConverts a two-year conditional green card into a permanent one.Green card
- I-601Application for Waiver of Grounds of InadmissibilityAsks the government to forgive a bar that would otherwise end the case.Waivers
- I-129FPetition for Alien Fiancé(e)Brings a fiancé(e) to the United States to marry within ninety days.Abroad
- DS-260Immigrant Visa Application — Consular ProcessingThe path to a green card for a relative who is still outside the country.Abroad
Start here
Ask about Form I-130 before you file it, not after.
A short conversation about your record will tell you whether this is the right filing, what it will need, and what could go wrong. That conversation is with the attorney.