Form I-130 Basics: What the Petition for Alien Relative Does

For most families in Connecticut who want a relative to immigrate, the case starts with one form: Form I-130, Petition for Alien Relative. It is the document that proves the family relationship to USCIS.

Quick answer: Form I-130 is filed by a U.S. citizen, a green card holder or a U.S. national to establish a qualifying family relationship with a relative who wants to live in the U.S. permanently. It is the first step, not the green card. An approval gives the relative no status on its own. They still apply for the green card, either by adjustment of status here or by consular processing abroad.

This article is general information, not legal advice for any particular case.

Who can file Form I-130?

The petitioner must be a U.S. citizen, a lawful permanent resident, or a U.S. national who is not a citizen. The relative being sponsored is called the beneficiary. The petitioner proves their own status, with a U.S. passport, birth certificate, naturalization certificate or green card, and proves the family relationship with civil documents.

Which relatives qualify?

The answer depends on whether the petitioner is a citizen or a green card holder, and it decides how long the relative waits.

Petitioner	Can file for	Category	Visa always available?
U.S. citizen	Spouse	Immediate relative	Yes
U.S. citizen	Unmarried child under 21	Immediate relative	Yes
U.S. citizen, 21 or older	Parent	Immediate relative	Yes
U.S. citizen	Son or daughter 21 or older, or married	Family preference	No, yearly limits
U.S. citizen, 21 or older	Brother or sister	Family preference	No, yearly limits
Green card holder	Spouse, unmarried son or daughter	Family preference	No, yearly limits

Immediate relative visas have no annual cap. Preference categories do, so relatives in those categories wait for a visa number before the green card stage. The firm’s family immigration page goes through each category.

What does an approved I-130 actually do?

It tells USCIS, and later the State Department, that the relationship is real and qualifies. USCIS says plainly that filing or approval does not give your relative any immigration status or benefit. If the relative is an immediate relative, a visa is always available, so the next step can begin right away.

What goes with a spouse petition?

For a marriage case, USCIS lists a copy of the civil marriage certificate, every divorce decree, death certificate or annulment that ended an earlier marriage of either spouse, passport-style photos of both spouses, and evidence of any legal name changes. The spouse being sponsored also completes Form I-130A, Supplemental Information for a Spouse Beneficiary.

The bigger question in a marriage case is whether the marriage is genuine. The regulation at 8 CFR 204.2 lists the kinds of evidence that help: joint ownership of property, a lease showing a shared home, commingled finances, children born to the couple, and sworn statements from people who know the marriage. Our marriage-based green cards page explains how that evidence is organized.

What is Part 4, and why does it matter?

Part 4 asks whether the beneficiary will seek adjustment of status inside the U.S. or consular processing abroad. USCIS instructs petitioners to select one option, question 61 or question 62, never both and never neither. The choice tells USCIS where to send the case after approval, so an error can add months.

What are the most common I-130 mistakes?

Most delays come from small, avoidable gaps rather than hard legal problems. The ones that come up again and again:

• No proof that an earlier marriage ended. USCIS asks for every divorce decree, death certificate or annulment for both spouses. One missing decree can stall the case.
• The wrong choice, or no choice, in Part 4. USCIS instructs petitioners to pick adjustment of status or consular processing, never both.
• An unsigned form. USCIS rejects unsigned forms outright.
• Foreign-language documents without certified English translations.
• Filing for a relative who does not qualify, such as a green card holder petitioning for a brother or sister.
• An outdated form edition or mailing address, especially after the October 2026 change in filing locations.

A careful review before filing catches nearly all of these.

How and where do you file?

Form I-130 can be filed online or by mail. On October 7, 2026, USCIS changed the paper filing locations for the I-130, with a 30-day grace period for forms postmarked on or before November 9, 2026 and sent to a prior address. Check the USCIS Direct Filing Addresses page for the I-130 the day you mail it, and sign the form: USCIS rejects unsigned forms.

What happens after approval?

That depends on the category and where the relative is. An immediate relative who is in the U.S. and eligible may file Form I-485, and a U.S. citizen’s spouse can usually file it together with the I-130, as explained in the marriage green card process for spouses already in the U.S.. A relative abroad goes through the National Visa Center and an interview at a U.S. embassy or consulate. The two paths are compared in what adjustment of status is, and engaged couples should also read K-1 fiancé visa vs. marriage green card.

Why talk to The Law Offices of Neal E. Guttenberg about Form I-130 in Branford?

A petition that is filed in the wrong category, missing a prior divorce decree or marked for the wrong path in Part 4 can cost a family months. Attorney Neal E. Guttenberg works with petitioners one on one, by phone, by video or in person, for families in Branford and across Connecticut, and the firm is available 7 days a week. Bring your documents and your questions, book a consultation, and talk to an immigration attorney.