Family-Based Immigration in the U.S.: What You Should Know About the I-130 Process
One of the most common legal paths for immigrants who wish to live in the United States with their family members is through a family-based immigration petition. This process enables U.S. citizens and Green Card holders to sponsor their spouses, children, parents, or siblings for lawful residency — including those who are already in the U.S.
This article provides an overview of Form I-130, including what documents are needed, whether it can be filed together with a Green Card application, and how long the process usually takes.
- What Is the I-130 Petition and When Can It Be Filed with a Green Card Application?
Form I-130 (Petition for Alien Relative) is the first step in the family-based immigration process. It’s used by U.S. citizens or lawful permanent residents (Green Card holders) to establish their qualifying relationship with a family member.
There are two main paths:
- Concurrent Filing:
If the petitioner is a S. citizen and the beneficiary is currently in the U.S. with valid status (or entered the U.S. lawfully), Form I-130 can be filed along with Form I-485 (Green Card application) for an adjustment of status. - Consular Processing:
If the beneficiary is outside the U.S. or not eligible to adjust status, Form I-130 is submitted first. After approval, the case is forwarded to the National Visa Center (NVC) and then to the U.S. consulate in the beneficiary’s home country for an immigrant visa interview.
- What Documents Are Required?
Submitting Form I-130 alone is not enough. You must also include supporting evidence to prove the family relationship and, for spouses, that the marriage is bona fide.
Typical Documents Include:
- Proof of U.S. citizenship or permanent residency (passport, naturalization certificate, Green Card)
- Birth certificates or family registries
- Marriage certificate
- Divorce decrees (if applicable)
- Children’s birth certificates
- Joint lease agreements, shared bank statements, photos together, travel records
- Affidavits from friends or relatives
Especially in marriage cases, documentation showing shared life and responsibilities helps demonstrate the relationship is genuine.
- How Long Does It Take?
Processing times vary depending on the case type, the USCIS service center, and overall backlog.
Estimated timelines:
- S. citizens filing for immediate relatives: 12–18 months
- Green Card holders filing for spouse/children: 18–30 months
- Green Card or consular visa process (Form I-485 or DS-260): 12–18 months
In total, most family-based petitions are completed within 1 to 3 years.
Conclusion
Family reunification is deeply meaningful, but it requires careful planning. Understanding which process applies to your case, what documents are needed, and where the application will be processed are essential to success.
Because Form I-130 is the foundation of the case, preparing it thoroughly and strategically can prevent future delays. If in doubt, it is always recommended to consult an experienced immigration attorney.
Frequently Asked Questions (FAQ)
My spouse is in the U.S. on a tourist visa. Can we apply from within the U.S.?
Yes, if you’re a U.S. citizen and your spouse entered the U.S. legally, you can file Forms I-130 and I-485 together to start the adjustment of status process.
I filed as a Green Card holder but became a citizen. What should I do?
Notify USCIS in writing of your naturalization. You can request that your petition be upgraded to the “Immediate Relative” category, which generally speeds up processing.
How long does it take to get a consular interview?
Once I-130 is approved and sent to NVC, and all documents are submitted, the interview is usually scheduled within 6–12 months, depending on the local consulate’s workload.
