Fillable Form I-130 (2019)

What is Form I-130?

Form I-130 or Petition for Alien Relative is a Department of Homeland Security — U.S. Citizenship and Immigration Services (USCIS) form that a U.S. citizen or lawful resident uses to establish the existence of a relationship to a certain alien relative who wishes to migrate to the U.S. In some instances, Form I-130 is referred to as “I-130 Petition.”

The first step in obtaining a family-based permanent residence or becoming a green card holder in the U.S. is by filing Form I-130 to the USCIS. As with all petitions, the individual who submits the application to the USCIS is called the petitioner, while the individual on whose behalf the petition is made is called the beneficiary.

A U.S. citizen may file Form I-130 for the following:

• Spouse
• Unmarried child who is under 21 years old
• Unmarried son or daughter who is 21 years old or older
• Married son or daughter of any age
• Brother or sister — petitioner must be 21 years old or older
• Mother or father — petitioner must be 21 years or older

A lawful permanent resident of the U.S. may file Form I-130 for the following:

• Spouse
• Unmarried child who is under 21 years old
• Unmarried son or daughter who is 21 years old or older

The USCIS has set guidelines on who may not file Form I-130. If you are the petitioner, according to the instructions page of the form, you may not file for an individual in the following conditions:

• An adoptive parent or adopted child if the adoption happened after the 16th birthday of the child or if the child has not been n the legal custody and living with the parents for at least two years.
• A natural parent if the U.S citizen son or daughter gained permanent residence through adoption.
• A stepparent or stepchild if the marriage that made the relationship happened after the 18th birthday of the child.
• A husband or wife if both you and your spouse were not physically present during the marriage ceremony and the marriage was not consummated.
• A husband or wife if you gained lawful permanent resident status by virtue of a prior marriage to a U.S. citizen or lawful permanent resident unless:
• A period of five years has elapsed since you became a lawful permanent resident; or
• You can establish by clear and convincing evidence that the prior marriage through which you gained your immigrant status was not entered into for the purpose of evading any provision of the immigration laws; or
• Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse.
• A husband or wife if he or she was in exclusion, deportation, removal, rescission or judicial proceedings regarding his or her right to remain in the U.S. when the marriage happened, unless such spouse has resided outside the U.S. for a two-year period after the date of marriage.
• A husband or wife if it has been legally determined that such an alien has attempted or conspired to enter into a marriage for the purpose of evading the immigration laws.
• A grandparent, grandchild, nephew, niece, uncle, aunt, cousin, or in-law.

How to Fill Out Form I-130?

Make sure to provide all the required information accurately. For items that are not applicable, write “N/A.” For items where the answer is none, write “none.”

Part 1. Relationship

Item 1
Select for whom you are filing the petition for — Spouse, Parent, Brother or Sister, or Child.

Item 2
Select the option that best describes your relationship with the beneficiary.

Item 3
Choose “Yes” if the beneficiary is your brother or sister, or if you are related by adoption; “No” if otherwise.

Item 4
Choose “Yes” is you gained lawful permanent resident status or citizenship through adoption; “No” if otherwise.

Part 2. Information About You

Item 1
Provide your Alien Registration Number (A-Number), if applicable.

Item 2
Provide your USCIS Online Account Number, if applicable.

Item 3
Provide your U.S. Social Security Number, if applicable.

Items 4a to 4c
Provide your full legal name.

Items 5a to 5c
Provide other names you have ever used, including aliases, maiden name, and nicknames.

Items 6 to 7
Provide city, town, or village and country of birth.

Item 8
Provide your date of birth.

Item 9
Select your gender.

Items 10a to 10i
Provide your mailing address.

Item 11
Mark “Yes” if your current mailing address is the same as your physical address; “No” if otherwise. If “No,” provide your physical address information in Items 12a to 13b

Items 12a to 13b
Provide the required information related to your physical address.

Items 14a to 15b
Provide the required information related to your other physical address, if applicable.

Item 16
Provide the number of times you have been married.

Item 17
Select your marital status.

Item 18
Provide date of current marriage, if currently married.

Items 19a to 19d
Provide the place of your current marriage.

Items 20a to 23
Provide information about your spouses, if applicable.

Items 24a to 35
Provide information about your parents.

Item 36
Select if you are a “U.S. Citizen” or “lawful Permanent Resident.”

Item 37
Select the reason how you acquired your citizenship if you are a U.S. citizen.

Item 38
Select “Yes” if you have obtained a Certificate of Neutralization or Certificate of Citizenship.

Items 39a to 39c
If you answered “Yes” to Item 38, provide your Certificate Number, its place of issuance, and its date of issuance.

Items 40a to 40d
If you are a lawful resident, provide your Class Admission, date of admission, place of admission.

Item 41
Select “Yes” if you gained lawful permanent resident status through marriage to a U.S. citizen or lawful permanent resident.

Items 42 to 49b
Provide your employment history.

Part 3. Biographic Information

Items 1 to 6
Provide the required biographic information about you.

Part 4. Information About Beneficiary

Item 1
Provide the Alien Registration Number (A-Number) of the beneficiary, if applicable.

Item 2
Provide the USCIS Online Account Number of the beneficiary, if applicable.

Item 3
Provide the U.S. Social Security Number of the beneficiary, if applicable.

Items 4a to 4c
Provide the full name of the beneficiary.

Items 5a to 5c
Provide the other names used by the beneficiary.

Items 6 to 7
Provide city, town, or village and country of birth of the beneficiary.

Item 8
Provide the date of birth of the beneficiary.

Item 9
Select the gender of the beneficiary.

Item 10
Choose the appropriate option that answers if anyone has ever filed a petition for the beneficiary.

Items 11a to 11h
Provide the physical address of the beneficiary.

Items 12a to 16
Provide the other address and contact information of the beneficiary.

Items 17 to 19
Provide the marital information of the beneficiary.

Items 20a to 20d
Provide the place of beneficiary’s current marriage, if applicable.

Items 21a to 24
Provide information about the beneficiary’s spouses, if applicable.

Items 25a to 44
Provide information about the beneficiary’s family.

Items 45 to 50
Provide the beneficiary’s entry information.

Items 51a to 52
Provide the beneficiary’s employment information.

Items 53 to 62c
Provide the other information required from the beneficiary.

Part 5. Other Information

Items 1 to 9
Provide other information about you as a petitioner.

Part 6. Petitioner’s Statement, Contact Information, Declaration, and Signature

Before completing this section, read the Penalties section of Form I-130. Then, answer all the items and provide the required information.

Part 7. Interpreter’s Contact Information, Certification, and Signature

Answer the items in this section if you used an interpreter.

Part 8. Contact Information, Declaration, and Signature of the Person Preparing this Petition, if other than the Petitioner

Answer the items in this section if you used a preparer.

Part 9. Additional Information

Use this section if you need extra space to provide any additional information.