Filing An I-130 Petition With USCIS Overview:

• In order to sponsor a relative or spouse for lawful permanent residence (a green card), a U.S. citizen must first file an I-130 petition on behalf of the relative or spouse.

• This form requests information and documentation about the U.S. citizen and their relationship with the relative or spouse.

I-130 Petition Supporting Documentation:

• Evidence of U.S. citizenship or Lawful Permanent Residence:

  • As part of the evidence needed for the I-130 petition, the sponsor must provide a copy of their U.S. birth certificate, U.S. passport, or green card.

• Evidence of family relationship:

  • The I-130 petition must also be submitted with documentation to evidence the family relationship (e.g. marriage certificate or birth certificate).

  • For example, in an application to sponsor a spouse for lawful permanent residence (a green card), an I-130 petition must be submitted with evidence of the “bona fides” of the U.S. citizen's marriage to the spouse such as:

    • Documentation showing joint ownership or property

    • Documentation showing joint residence

    • Documentation showing co-mingling of financial resources

    • Birth certificate(s) for any children

    • Affidavits from individuals having knowledge of the marriage

Examination Of The I-130 Petition By USCIS:

• The I-130 petition is filed with USCIS, which will review the petition to ensure that the applicable relationship exists for the issuance of a green card.

• In I-130 petitions filed on behalf of spouses, the USCIS officer’s primary concern will be to confirm that the applicant did not enter into the marriage solely for immigration purposes.

• An immigration officer will consider the following as indications that an individual may have entered the marriage solely for immigration benefits:

  • Large disparity of age.

  • Inability of the U.S. citizen and the applicant to speak each other’s language.

  • Vast difference in cultural and ethnic background.

  • Family and/or friends unaware of the marriage.

  • Marriage arranged by a third party.

  • Marriage contracted immediately following the applicant’s apprehension or receipt of notification to depart the United States.

  • Discrepancies in statements on questions for which spouses should have common knowledge.

  • No cohabitation since marriage.

  • The applicant is a friend of the family.

  • The U.S. citizen has filed previous petitions on behalf of other individuals, especially prior spouses.

I-130 Petitions & The Children Of Applicants:

• In Immediate Relative petitions, a U.S. citizen must file a separate I-130 petition for each of the applicant's own children. 8 C.F.R. § 204.2 (a) (4).

• This is unlike I-130 petition filings for individuals under the Family-Based preference system (F1, F2a/F2B, F3, F4), in which children may be included on the same I-130 petition.

Revised April 29, 2023.