10 Steps to Filing a Family Petition: A Complete Guide to Form I-130

Bringing family together is one of the most meaningful aspects of U.S. immigration law. The family petition process, formally known as Form I-130 (Petition for Alien Relative), is a way for U.S. citizens and lawful permanent residents to sponsor certain family members for immigration to the United States. While the steps may seem overwhelming at first, breaking the process down into manageable stages makes it easier to navigate.

Below, you’ll find a clear, 10-step guide to filing a family petition and setting your loved one on the path to a green card.

Step 1: Confirm Your Eligibility to File

The first step is making sure you qualify as a petitioner. Only U.S. citizens and lawful permanent residents (green card holders) may file Form I-130. U.S. citizens can petition for more relatives than permanent residents, including spouses, children (married or unmarried), parents, and siblings. Permanent residents are more limited — they can petition for spouses and unmarried children.

Step 2: Establish the Relationship

The heart of the I-130 petition is proving the existence of a family relationship. This is where supporting evidence comes in. For example:

• Marriage certificates for spouses.
• Birth certificates for children or parents.
• Adoption decrees, where applicable.

In marriage-based petitions, USCIS looks for evidence that the marriage is genuine. Couples often provide joint financial records, shared leases, photos together, or affidavits from friends and family as evidence of their relationship. If the documentation originates from outside the United States, it may require translation and certification. Without proper evidence, the petition will not proceed.

Step 3: Understand the Visa Categories

Not every family petition works the same way. Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents) are not subject to annual visa limits. Others fall into the “family preference” categories, which are subject to visa caps and waiting lists.

For example:

• F1: Unmarried adult sons and daughters of U.S. citizens.
• F2A: Spouses and minor children of lawful permanent residents.
• F2B: Unmarried adult sons and daughters of lawful permanent residents.
• F3: Married sons and daughters of U.S. citizens.
• F4: Brothers and sisters of U.S. citizens.

Knowing the difference is important — it determines how long the process will take. Some categories may involve waits of several years, while immediate relatives face no wait once the petition is approved.

Step 4: Gather Your Documentation

Before filing, organize the required documents. A typical package includes:

• A completed and signed Form I-130.
• Proof of the petitioner’s U.S. citizenship or permanent residence.
• Evidence of the qualifying family relationship.
• Passport-style photos if required.
• Filing fee payment.

Keep copies of everything. A well-organized packet helps reduce the risk of delays.

Step 5: File Form I-130 with USCIS

The petition is filed with U.S. Citizenship and Immigration Services (USCIS). Depending on your location, you may submit the form online or by mail. Once USCIS accepts the petition, you’ll receive a receipt notice (Form I-797C). This notice confirms the filing and allows you to track the case status online.

Step 6: Respond to USCIS Requests

USCIS may issue a Request for Evidence (RFE) if they need more documentation. Responding quickly and completely is critical. Ignoring an RFE or sending incomplete materials can result in denial. Treat every communication from USCIS as a priority.

Step 7: Track Priority Dates for Family Preference Cases

If your relative is in a family preference category, approval of the I-130 doesn’t mean a visa is immediately available. Instead, the petition receives a “priority date.” This date determines your loved one’s place in line.

The Visa Bulletin, published monthly by the U.S. Department of State, shows which cases are currently being processed. Families often check this bulletin regularly to understand how long they may have to wait. In backlogged categories, the wait can stretch for years, and sometimes decades. Planning ahead is essential—families should keep passports updated, maintain ongoing communication, and be prepared for movement in the line.

Step 8: Move Forward with Consular Processing or Adjustment of Status

Once the petition is approved and a visa becomes available, your relative takes the next step toward a green card. If they are already in the United States and eligible, they may apply for adjustment of status with USCIS by filing Form I-485. This allows them to remain in the country while their case is reviewed.

If they are outside the U.S., they will go through consular processing at a U.S. embassy or consulate in their home country. This stage involves completing the DS-260 immigrant visa application, paying fees to the National Visa Center, and attending a medical exam with a panel physician. Both routes require careful preparation and strict attention to deadlines.

Step 9: Prepare for the Interview

Whether with USCIS (for adjustment of status) or at a consulate abroad, an interview is part of the process. The officer will verify the family relationship and review documents. For marriage-based cases, officers often ask detailed questions to confirm the relationship is genuine.

Before the interview, take time to go over the key dates and events in your relationship. Be ready to talk about daily life together, not just the big milestones. Bring the originals, not just photocopies. In marriage cases, the officer might separate the spouses and ask the same questions to see if the answers match.

Step 10: Receive the Decision and Next Steps

After the interview, the officer will make a decision. If approved, your relative will either receive their green card (if already in the U.S.) or an immigrant visa to enter the United States as a permanent resident. If denied, you may receive a written explanation, and in some cases, the decision can be appealed or refiled with more substantial evidence.

Make Your Next Step Count

Filing a family petition isn’t just checking boxes on a form. It’s the process that decides whether your relative can live with you in the United States. Every step matters, and skipping details can set you back. That’s where an immigration lawyer can help. 

Families usually have questions that go beyond the forms — things like how long the wait might be, whether it’s safe to travel, or what to do to keep lawful status while the case is pending. A lawyer can walk you through each stage, explain the common pitfalls, and prepare you for the interview. With the right guidance, you spend less time worrying and more time moving the case forward.

At Gendelberg Law, PLLC, we understand the emotional and practical stakes behind every petition. Whether you’re sponsoring a spouse, parent, or child, our team can guide you through the paperwork, deadlines, and interviews so you can focus on what matters most — being together as a family.