I-130, Petition for Alien Relative

  • Same form is used for sponsoring spouse (husband/wife), parent (mother/father), sibling (brother/sister) or child.

  • The form has small Part A relating the petitioner (sponsor). After Part A, there are 2 columns on first page. Part B on left is for information about the petitioner. Part C on right is for information about the beneficiary (who is getting sponsored for getting green card.)


Line by Line Instructions
Part A
For US citizen or permanent resident (LPR) sponsor

1.
Self-explanatory. If you are sponsoring parents, you need to file separate petition for each parent, one for mother and one for father.

2.
If you are filing petition for an adopted child, answer "Yes". Otherwise, answer "No".

3.
If you got your permanent residence through adoption, answer "Yes". Otherwise, answer "No". This question is primarily aimed at people immigration through parent/child relationships.


Part B
For US citizen or permanent resident (LPR) sponsor

1.
Last name in all capital letters, other name(s) in small letters. Spell out the entire middle name.
e.g., if your full name is Rahul Ram Gupta,
Family name: GUPTA
First name: Rahul
Middle name: Ram

2-5.
Self-explanatory.

6.
Indicate most recent marital status only. If you are currently married, but were divorced before, check only "Married" and do not check "Divorced".

7.
Maiden name is the woman's name before marriage. (Many woman change name after marriage. Some women take husband's last name as their last name, while others (particularly in South India) take husband's first name as their last name.)

8-9.
Self-explanatory.

10.
If you have A number, mention it here. Otherwise, leave it blank as you can't write 'None'.

If you are U.S. citizen now but if you were permanent resident earlier (and naturalized to become US citizen), it's fine if you don't mention A number here. However, there is no harm if you do mention the A number.

If you are permanent resident, you must mention A number.

11.
Self-explanatory.

12.
If you are petitioning for your spouse, and if you were married before, make sure that your previous marriage ended legally (death, final divorce etc.) before you got married to current spouse, in order for the current marriage to be legal. Otherwise, consult an immigration attorney.

13.
U.S. Citizen:
If you obtained U.S. citizenship through naturalization, the number can be found on the top right-hand corner of the naturalization certificate. The date and place it was issued are shown on the certificate.

If your citizenship was obtained through parents, you may have certificate of citizenship that shows a certificate number.

Permanent Resident:
Write 'N/A'.

14a.
US Citizen:
Write 'N/A'.

Permanent Resident:
Look at sample green card to find out where to look for this information on your green card.

14b.
If you received your permanent residence through marriage, you can't petition a new spouse for 5 years, unless the first spouse died or you can prove that your previous marriage was not a sham by providing "clear and convincing evidence". To prove that your previous marriage was bona fide, enclose evidence that you and your former spouse shared a life together such as
  • shared rent receipts,

  • children's birth certificates,

  • club memberships,

  • utility bills,

  • insurance policies.

There is no clear and full proof list of "clear and convincing evidence".


Part C
For Alien relative (beneficiary)

1.
Last name in all capital letters, other name(s) in small letters. Spell out the entire middle name.
e.g., if your full name is Manisha Devi Agrawal,
Family name: AGRAWAL
First name: Manisha
Middle name: Devi

2-5.
Self-explanatory.

6.
Indicate most recent marital status only. If you are currently married, but were divorced before, check only "Married" and do not check "Divorced".

7.
Maiden name is the woman's name before marriage. (Many woman change name after marriage. Some women take husband's last name as their last name, while others (particularly in South India) take husband's first name as their last name.)

8.
Self-explanatory.

9.
Unless you had work permit or work visa in the US before, you will not have social security number. Put 'None' in that case.

10.
If you have A number, mention it here. Otherwise, write 'None'.

11.
Self-explanatory.

12.
If your spouse is petitioning for you, and if you were married before, make sure that your previous marriage ended legally (death, final divorce etc.) before you got married to current spouse, in order for the current marriage to be legal. Otherwise, consult an immigration attorney.

13.
Self-explanatory.

14.
If you are currently in the US, answer in what legal status you enter US. Other details such as I-94 number, date arrived and the authorized stay expiration date can be found in your I-94 card that you would have received when you arrived in the US. If you entered illegally, write "Without inspection".

15.
If you are employed, currently write the name and address of current employer.
If you are self-employed, write 'self-employed'.
If you are retired, housewife or house-husband write 'none'.

If you are in the US currently and have worked illegally and also used false documents for that (such as fake green card, social security number etc.), consult an immigration attorney.

16.
If you have ever been placed in Immigration proceedings, consult an immigration attorney, especially if you lost.

17.
List spouse and all children, including the ones from previous relationships.

18.
Your US address should preferably be the same as your relative's address, otherwise USCIS may get suspicious.

While, it is possible that you may want to spend some time away from your relative for school or work reason, it is best to put your permanent address in US same as your relative's US address.

If you have a compelling reason to put different address, attach detailed explanation with the application or consult an immigration attorney.

19.
Write address abroad if you are staying outside the US. Write 'None' if you are staying in the US.

20.
If your native language uses a non-Roman script such as Gujarati, Hindi, Tamil, Chinese, Hebrew etc, you will need to write your name and address in that script. If you are filling this form online, this can't be written online. It's OK to fill rest of the form, print it and write it by hand.

21.
Self-explanatory.

If you are currently in the US and are going to leave the US after living here illegally, the information about how long you and your spouse lived at the same address could be used against you.

22.
Present in the US:
If you entered legally and are eligible to adjust the status in the US, write the USCIS office where you will apply for Adjustment of Status. If you are choosing to return to your home country and go through consular processing, you need not fill out this section.
If you entered illegally and unless you fall into an exception, you will not be allowed for Adjustment of Status in US and you will have to go through consular processing.

If you are outside the US, don't write anything in this question.

Exception: For K3/K4 visa applicants, write "Plan to obtain a K-3 visa abroad and adjust status in the US". Fill the city you plan to adjust status and write the consulate you will return to if needed.


Part D
For US citizen or permanent resident (LPR) sponsor

1.
If you are submitting other petitions simultaneously, such as for your children from this or other marriages, mention their names here, so that all the applications can be processed together.

2.
This question is primarily targeted towards the petitioner filing for spouse. If the petitioner has filed several applications for spouses, and if they were short marriages, USCIS may doubt the real intentions of the petitioner and there may be marriage fraud investigation.


Part E
Sign, date and put your phone number. Please note that you can only enter the digits in the phone number.


Part F
Signature of Person Preparing Form if Other than Above
If any lawyer or agency filled this form, they should provide their details.
If your friend, colleague or relative helped you fill this form, they don't have to write their details here.