Application procedure for a family-based petition for permanent residence is essentially the same for immediate relative and family preference applicants.

• File Form I-130 (Petition for Alien Relative). I130 must be filed to the USCIS Service Center.
  
  If you are filing for both parents, you must file a separate petition for each parent.
  
  If you are filing for your spouse and if you have children immigrating with your spouse, and you are US citizen and going to get K3/K4 visa for your spouse/children, you should submit separate visa petitions for those children as well. To do so, you must qualify as the child's parent or stepparent, and can only be their stepparent if your marriage took place before the child's 18^th birthday. In such cases, filing separate petitions for children is not to get K4 visa (which they can get based on your spouse's K3 visa) but eventually to apply for adjustment of status in the US.
  
  Children of US citizen need to have to their own petitions.
  
  The date that your sponsoring family member submits Form I-130 on your behalf becomes your Priority Date indicating your place in line at which time your visa application can be processed.
  
  When filing I-130, you also need to send,
  • Supporting Documentation that shows
    • Proof of your (petitioner) legal status - US citizenship or permanent resident, as appropriate
    • Proof of family relationship
    
    
  • The USCIS filing fee, and
    
    
  • G-28 (Notice of Appearance for the Attorney or Representative). You need to send this form only if you are represented by an attorney.
    
    
  • Form FC-029, Copy certification.
  
  Check the status of visa petition
  
  
• Once USCIS receives the complete petition, it will mail you a receipt called I-797C, Notice of Action. Using the receipt number in it, you can track the process of the case online.
  
  Online case tracking
  
  It may take many months for it get processed.
  
  Processing Timings
  
  If USCIS needs any additional information, it will mail you a letter called RFE (Request for Further Evidence) asking for it.
  
  Once it is processed, it will either be approved or denied. USCIS will notify the petitioner if the visa petition is approved, and will send form I797, Notice of Action. USCIS will then send the approved visa petition to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available. National Visa Center will notify the beneficiary (foreign national for whom the petition was filed) when the visa petition is received and again when an immigrant visa number is available. You (sponsor) do not need to contact the National Visa Center, unless you change your address or there is a change in your personal situation, or that of your alien relative, that may affect eligibility for an immigrant visa, such as reaching age 21, marriage, divorce, or death of a spouse.
  
  Check Visa Bulletin for availability of immigrant visa numbers. Depending on the relationship and the country involved, the wait for an available immigrant visa number may be several years.
  
  
• Once the immigrant visa number is available, you can apply for Adjustment of Status if you (beneficiary) are already in the United States legally. Alternatively, if you are outside United States, you must go to the US Consulate servicing the area in which you reside and complete Consular Processing.
  
  If the beneficiary is already in the U.S., Adjustment of Status (I-485) can be filed concurrently with I-130, provided the immigrant visa number is current (which is always the case for Immediate Relatives category).

Application filing instructions

You have to prove that there is a family relationship between you and your relative. If you are filing for:

1. A husband or wife (spouse), submit the following documentation:
   1. A copy of your civil marriage certificate
   2. If either you or your spouse were previously married, submit copies of documents (divorce decrees, death certificates, or annulment decrees) showing that all prior marriages were legally terminated.
   3. A passport-style color photo of yourself and passport-style color photo of your husband or wife, taken within 30 days of the date of this petition. The photos must have a white background and be glossy, un retouched and not mounted. The dimensions of the full frontal facial image should be about 1 inch from the chin to top of the hair. Using pencil or felt pen, lightly print the name (and Alien Registration Number, if known) on the back of each photograph.
   4. A completed and signed Form G-325A, Biographic Information, for you and a Form G325A for your husband or wife. Except for your name and signature, you do not have to repeat on the Form G-325A the information given on your Form I-130 petition.
   
   If you have been married less than two years when your spouse is granted lawful permanent resident status, your spouse will receive permanent resident status on a conditional basis. You and your spouse must apply together to remove the conditions on residence. Please note – you must apply to remove conditional status within 90 days before the 2-year anniversary of the award date of your spouse’s conditional legal permanent resident status. If you fail to file during this time, your spouse will be considered out of status as of the 2-year anniversary, and may be subject to removal from the U.S.
   
   Remove the conditions on permanent residence based on marriage
   
   It is possible for your spouse to come to the U.S. to live while the visa petition is pending. Read K3/K4 visa (spouse/children of US citizen) and V visa (spouse/children of permanent residents)
   
   
2. Child or Son/Daughter :
   
   If you are US citizen mother,
   • A copy of the child’s birth certificate showing your name and the child’s name
   
   If you are US citizen father or stepparent,
   • A copy of the child’s birth certificate showing the child’s name and the names of both parents
   • A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18th birthday)
   • A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse
   • Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child’s birth certificate displaying the father’s name, evidence showing that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary.
   
   If you are US Citizen and the adoptive parent of a child/son/daughter who live with you in your legal custody for two years while a child,
   • A copy of the child’s birth certificate showing the child’s name
   • A certified copy of the adoption decree (the adoption must have taken place before the child reached the age of 16, with only one exception: if you adopted the child’s sibling who had not yet reached age 16, the older sibling must have been adopted before reaching the age of 18)
   • The legal custody decree if you obtained custody of the child before adoption
   • A statement showing the dates and places your child has lived with you, and proof that your child has lived with you and has been in your legal custody for at least two years
   
   If you are a lawful permanent resident mother of an unmarried, minor child or an unmarried son or daughter,
   • A copy of the child’s birth certificate showing your name and the child’s name
   
   If you are a lawful permanent resident father or stepparent of the child,
   • A copy of the child’s birth certificate showing the child’s name and the names of both parents
   • A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18th birthday)
   • A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse
   • Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child’s birth certificate displaying the father’s name, evidence showing that the father has made financial contributions in support of the child. A blood test proving paternity may be necessary.
   
   If you are a lawful permanent resident adoptive parent of the child or unmarried son or daughter,
   • A copy of the child’s birth certificate showing the child’s name
   • A certified copy of the adoption decree (The adoption must have taken place before the child reached the age of 16. One exception: if you adopted the child’s sibling who had not yet reached age 16, the older sibling must have been adopted before reaching the age of 18.)
   • The legal custody decree if you obtained custody of the child before adoption
   • A statement showing the dates and places your child has lived with you, and proof that your child has lived with you and has been in your legal custody for at least two years
   
   If your U.S. citizen parent, brother or sister is petitioning for you on Form I-130, Petition for Alien Relative, and you are married, your spouse and/or children do not require a separate visa petition. If you are unmarried and 21 years of age or older, your children do not require a separate visa petition. In both cases, your spouse and/or children will be included in the visa petition your immediate relative is filing for you. If you are unmarried and under 21 years of age, you will need to file a petition for your children once you obtain lawful permanent resident status.
   
   
3. A brother or sister (sibling):
   
   Note: If either you or your sibling were born out of wedlock (your birth parents were not married when you were born), you must provide evidence that you took the actions necessary to satisfy the legitimation law of the birth country of the person born out of wedlock while the individual was under 18 years of age and unmarried.
   Legitimation laws require fathers to legally acknowledge their children. Refer to the sections on legitimated children out of wedlock.
   
   If you have the same mother as your brother or sister,
   • A copy of your birth certificate showing your name and your mother's name
   • A copy of your brother's or sister's birth certificate showing his or her name and your mother's name
   
   If you have the same father but different mothers,
   • A copy of your birth certificate showing your name and your father’s name
   • A copy of your brother’s or sister’s birth certificate showing his or her name and your father’s name
   • A copy of your father’s marriage certificate to each mother
   • A copy of any divorce decrees, death certificates, or annulment decrees showing that any previous marriages entered into by your parents or your sibling’s parents ended legally
   
   If you were and/or your brother or sister was born out of wedlock, and you are related through your father and were legitimated,
   • A copy of your birth certificate showing your name
   • A copy of your brother’s or sister’s birth certificate showing his or her name Evidence that the person who was born out of wedlock was legitimated before reaching the age of 18 and while unmarried through
     1. the marriage of that person’s natural parents
     2. the laws of your or your brother’s or sister’s country of residence or domicile, or
     3. the laws of the father’s country of residence or domicile
   
   If you were and/or your brother or sister was born out of wedlock and not legitimated, and you are related through your father,
   • A copy of your birth certificate showing your name
   • A copy of your brother’s or sister’s birth certificate showing his or her name
   • Evidence that an emotional or financial bond existed between your father and the child who was born out of wedlock (either you or your brother or sister or both of you) before that child was married or reached the age of 21
   
   If you are filing for your stepbrother or stepsister,
   • Your birth certificate showing your name and your common parent’s name (if your father married your step sibling’s mother, your father’s name must be visible on the birth certificate; if your mother married your step sibling’s father, your mother’s name must be visible on the birth certificate)
   • A copy of your stepbrother’s or stepsister’s birth certificate showing his or her name and your common parent’s name (see above)
   • If your step sibling is or has been married, you must provide evidence of the marriage(s) in order to prove that your step sibling was once a “child” of the stepparent
   • A copy of the civil marriage certificate of your natural mother to your natural father and your step sibling’s natural mother to his or her natural father
   • Proof that any previous marriages entered into by your and your step sibling’s father and mother ended legally (this could include copies of divorce decrees, death certificates, or annulment decrees)
   • A copy of the civil marriage certificate between a) your father and your stepmother or b) your mother and your stepfather, whichever is applicable
   
   If you are filing for your stepbrother or stepsister and you were and/or your step sibling was born out of wedlock, and you are related through your father, and the child born out of wedlock was legitimated,
   • Your birth certificate showing your name and your father’s name
   • A copy of your stepbrother’s or stepsister’s birth certificate showing his or her name and your father’s name
   • Evidence that you were and/or your step sibling was legitimated before reaching the age of 18 and while still unmarried through:
     1. the marriage of that person’s natural parents
     2. the laws of your or your stepbrother’s or stepsister’s country of residence or domicile, or
     3. the laws of your father’s residence or domicile
   
   If you are filing for your stepbrother or stepsister and you were and/or your step sibling was born out of wedlock and not legitimated,
   • Your birth certificate showing your name and your common parent’s name (if your father married your step sibling’s mother, your father’s name must be visible on the birth certificate; if your mother married your step sibling’s father, your mother’s name must be visible on the birth certificate)
   • A copy of your stepbrother’s or stepsister’s birth certificate showing his or her name and your common parent’s name (see above)
   • A copy of the marriage certificate between a) your father and your stepmother, or b) your mother and your stepfather, whichever is applicable (the date of the marriage must be prior to the date on which the child who was born out of wedlock reached the age of 18 or was married)
   • Proof that any previous marriages entered into by your or your step sibling’s father or mother ended legally (this could include copies of divorce decrees, death certificates, or annulment decrees)
   • Proof that a bona fide parent-child relationship existed between your common parent and the child who was born out of wedlock before that child reached the age of 21 or was married
   
   You do not need to file separate visa petitions for your brother’s or sister’s spouse or his/her unmarried children under 21 years of age. They may accompany or follow to join your brother and sister. This includes adopted children who fit the definition of adopted child in the immigration law (101(b)(1)(E) but not (F)).
   
   
4. A mother: Submit a copy of your birth certificate showing your name and your mother's name.
   If you have been legally adopted, you may not petition for your birth parent.
   
   
5. A father: Submit a copy of your birth certificate showing your name and the names of both parents. Submit additional documents, depending upon your situation, as described below:
   
   Born in wedlock: Also give a copy of your parents' marriage certificate establishing that your father was married to your mother before you were born, and copies of documents (divorce decrees, death certificates, or annulment decrees) showing that any prior marriages of either your father or mother were legally terminated.
   
   Born out of wedlock and not legitimated: If you were born out of wedlock and were not legitimated by your father before your 18th birthday and while you were unmarried, you must submit:
   • Evidence of the father-son or -daughter relationship.
   • Evidence that an emotional or financial bond existed between you and your father before you were married or reached the age of 21.
   
   Born out of wedlock and legitimated: If you were born out of wedlock and were legitimated by your father before your 18th birthday and while you were unmarried, you must submit evidence that you were legitimated before your 18th birthday through:
   1. the marriage of your both parents, or
   2. the laws of the state or country where you live, or
   3. the laws of the state or country where your father lives
   
   If you have been legally adopted, you may not petition for your birth parent.
   
   
6. Stepparent:
   
   • A copy of your birth certificate showing your name and the names of your birth parents
   • A copy of the civil marriage certificate of your birth parent to your stepparent showing that the marriage occurred before your 18th birthday
   • A copy of any divorce decrees, death certificates, or annulment decrees that would verify the termination of any previous marriage(s) entered into by your birth parent or stepparent
   
   
7. Adoptive parent:
   
   • A copy of your birth certificate showing your name
   • A certified copy of the adoption decree, showing that the adoption occurred before your 16th birthday
   • A sworn statement showing the dates and places you have lived together with your parent
   • If you adopted the sibling of a child you already adopted, you must submit a copy of the adoption decree(s) showing that the adoption of the sibling occurred before that child's 18th birthday.
   • Copies of evidence that each child was in the legal custody of and resided with the parent(s) who adopted him or her for at least two years before or after the adoption. Legal custody may only be granted by a court or recognized government entity and is usually granted at the time the adoption is finalized. However, if legal custody is granted by a court or recognized government agency prior to the adoption, that time may count to fulfill the two-year legal custody requirement.
   
   

Make two copies of the entire package (including checks) before you send the petition. Retain all originals as the USCIS may want to check them by issuing an RFE (Request For Evidence).

Petitioners who reside in Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, or Wyoming should file their stand-alone I-130s at:

USCIS
P.O. Box 804625
Chicago, IL 60680-1029

Petitioners who reside in Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, West Virginia, or the District of Columbia should file their stand-alone I-130s at:

USCIS
P.O. Box 804616
Chicago, IL 60680-1029

Even though you send the standalone I-130 to Chicago Lockbox, they would be forwarded either to Vermont Service Center or California Service Center appropriately. And you would receive the receipt from repsective service center. You need to do any subsequent follow up with the service center that issued the receipt.

NOTE: If the Form I-130 petition is being filed concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status, submit both forms where I-485 would be filed.

Applicants who reside in the jurisdiction of the Baltimore, MD, USCIS District Office should submit the Form I-130 petition and the Form I-485 concurrently to:

USCIS Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001

Petitioners residing abroad: If you live in Canada, file your application at the Nebraska Service Center. If you reside elsewhere outside the United States, file your relative petition at the USCIS office overseas or the U.S. consulate or embassy having jurisdiction over the area where you live. Specifically, more detailed information about US Consulates in India.

Application fee: Application fee must be sent with the application.

There is NO biometric fee for this application.

More details about fees

Pursuant to section 216 of the Immigration and Nationality Act, your alien spouse may be granted conditional permanent resident status in the United States as of the date he or she is admitted or adjusted to conditional status by a USCIS officer. Both you and your conditional resident spouse are required to file Form I-751, Joint Petition to Remove Conditional Basis of Alien's Permanent Resident Status, during the 90-day period immediately before the second anniversary of the date your alien spouse was granted conditional permanent resident status.

Otherwise, the rights, privileges, responsibilities and duties that apply to all other permanent residents apply equally to a conditional permanent resident. A conditional permanent resident is not limited to the right to apply for naturalization, file petitions on behalf of qualifying relatives or reside permanently in the United States as an immigrant in accordance with our nation's immigration laws.

NOTE: Failure to file the Form I751 joint petition to remove the conditional basis of the alien spouse's permanent resident status will result in the termination of his or her permanent resident status and initiation of removal proceedings.

Title 8, United States Code, Section 1325, states that any individual who knowingly enters into a marriage contract for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than five years, or fined not more than $250,000, or both.

Title 18, United States Code, Section 1001, states that whoever willfully and knowingly falsifies a material fact, makes a false statement or makes use of a false document will be fined up to $10,000, imprisoned for up to five years, or both.

Few weeks after your application has been received by USCIS, they will send you I-797C, Notice of Action, receipt notice.

If you receive an RFE, follow the directions exactly, and make 2 copies of everything you send as well.