Instructions For Form I-130, Petition For Alien Relative, And Form I-130a, Supplemental Information For Spouse Beneficiary printable pdf download

Instructions for Form I-130, Petition for Alien Relative,

and Form I-130A, Supplemental Information for

Spouse Beneficiary

USCIS

Form I-130/I-130A

Department of Homeland Security

OMB No. 1615-0012

U.S. Citizenship and Immigration Services

Expires 07/31/2018

What Is the Purpose of Form I-130?

A citizen or lawful permanent resident of the United States may file Form I-130, Petition for Alien Relative, with U.S.

Citizenship and Immigration Services (USCIS) to establish the existence of a relationship to certain alien relatives who

wish to immigrate to the United States.

Who May File Form I-130?

1. If you are a U.S. citizen, you must file a separate Form I-130 for each eligible relative. You may file Form I-130 for:

A. Your spouse;

B. Your unmarried children under 21 years of age;

C. Your unmarried sons or daughters 21 years of age or older;

D. Your married sons or daughters of any age;

E. Your brothers or sisters (you must be 21 years of age or older); and

F. Your mother or father (you must be 21 years of age or older).

2. If you are a lawful permanent resident of the United States, you must file a separate Form I-130 for each eligible

relative. You may file Form I-130 for:

A. Your spouse;

B. Your unmarried child under 21 years of age; and

C. Your unmarried son or daughter 21 years of age or older.

NOTE:

1. If you are filing for your spouse, he or she must complete and sign Form I-130A, Supplemental Information for

Spouse Beneficiary. If your spouse is overseas, Form I-130A must still be completed, but your spouse does not have

to sign Form I-130A. Form I-130A must be submitted with Form I-130.

2. There is no visa category for married children of lawful permanent residents. If you are a lawful permanent resident

and you filed Form I-130 for your unmarried son or daughter, but your son or daughter marries before immigrating to

the United States or adjusting status to lawful permanent resident, we will deny or automatically revoke your petition.

3. Non-citizen U.S. nationals (as defined in the Immigration and Nationality Act (INA) section 308) have the same rights

as lawful permanent residents to petition for family members. If you are a U.S. national born in American Samoa or

Swains Island (or who otherwise qualifies as a non-citizen U.S. national, as described in INA section 308), you should

indicate in Part 2., Item Number 36. of the petition that you are a lawful permanent resident. You do not need to list

an Alien Registration Number (A-Number) in Part 2., Item Number 1. of the petition.

4. If the beneficiary qualifies under Items 1.C., 1.D., or 1.E. above, you are not required to file separate petitions for the

beneficiary’s spouse or unmarried children under 21 years of age. They are considered derivative beneficiaries and

you should list them in Part 4. of this petition.

Form I-130 Instructions 02/27/17 N

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Instructions For Form I-130, Petition For Alien Relative, And Form I-130a, Supplemental Information For Spouse Beneficiary