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Form I-130 Instruction Guide

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Form I-130 Explained: Petition for Alien Relative, Question by Question

Form I-130 is used to ask USCIS to recognize a qualifying family relationship for immigration purposes.

You may be filing Form I-130 for your:

  • spouse;
  • child;
  • parent; or
  • brother or sister.

Which relatives you can file for depends partly on whether you are a U.S. citizen or lawful permanent resident (Green Card holder). We explain this more below.

This guide walks you through the 12-page paper Form I-130, edition 04/01/24 (April 1, 2024), in the same order the questions appear on the form.

It explains:

  • what each question is asking;
  • what you should enter;
  • where you may find the information;
  • examples when they help make a question clearer; and
  • things to watch out for that could cause confusion or mistakes.

Throughout this guide, “you” means the petitioner unless we specifically tell you otherwise.

Use this guide together with the current USCIS Form I-130, instructions, and filing information.

Important: The online version of Form I-130 may present questions in a different order from the paper form.

Jump to a Section

What Do “Petitioner” and “Beneficiary” Mean on Form I-130?

USCIS uses the words petitioner and beneficiary throughout Form I-130.

Petitioner: You — the person filing Form I-130 for your relative.

Beneficiary: The relative you are filing Form I-130 for.

Example

If you are a U.S. citizen filing Form I-130 for your husband:

  • You are the petitioner.
  • Your husband is the beneficiary.

This distinction is important because some sections ask for information about you, while other sections ask for information about your relative.

Watch out: Do not put your information into a question asking about the beneficiary, or the beneficiary’s information into a question asking about you.

What Does an Approved I-130 Mean?

Form I-130 asks USCIS to recognize the family relationship that you are using as the basis for the immigration process.

An approved I-130 does not, by itself, give the beneficiary a Green Card, immigration status, or permission to live or work in the United States.

Other immigration steps may still be required.

Already have an approval notice? See My I-130 was approved. What happens next? for the pending-I-485, adjustment, and NVC/consular routes, including visa-availability and routing checks.

This guide helps you understand and complete the questions on Form I-130. It does not determine whether your relationship qualifies under immigration law or which immigration process your relative should use.

Is Form I-130 the same as Form I-485?

No.

Form I-130 is a petition used to establish a qualifying family relationship.

Form I-485 is an application that some people use to apply for lawful permanent residence — commonly called a Green Card — from inside the United States.

Filing or approving Form I-130 does not automatically file or approve Form I-485.

Considering a combined filing? Can I file I-130 and I-485 together? explains the category, visa-availability, and filing-method checks before submitting both forms.

Before You Start

Before filling out Form I-130, gather information about both you and the beneficiary.

Depending on your situation, useful records may include:

  • passports and other identity documents;
  • birth certificates;
  • marriage certificates;
  • divorce decrees or other documents showing how previous marriages ended;
  • Permanent Resident Cards or other immigration documents;
  • USCIS notices;
  • address histories;
  • employment histories; and
  • copies of immigration petitions filed in the past.

Filing for your spouse?

If the beneficiary is your spouse, you will generally also need Form I-130A, Supplemental Information for Spouse Beneficiary.

Form I-130A is a separate form. This guide does not go through Form I-130A question by question.

Dates

USCIS generally asks you to write dates as:

Month / Day / Year

For example:

06/15/2024

If you do not know an exact date, the Form I-130 instructions allow you to provide an approximate date and explain it in Part 9, Additional Information.

Watch out: Do not make up an exact date just because the form asks for one. If a date is approximate, make clear that it is approximate.

Questions That Do Not Apply to You

If a question does not apply to you, the general instruction is to enter:

N/A

For a number question where the answer is zero or none, the instructions generally say to enter:

None

However, some questions on Form I-130 give you a specific instruction. You may see instructions such as:

  • SAME
  • Unemployed
  • Never lived together
  • leave a particular field blank

When the form gives a specific instruction, follow that instruction instead of the general rule.

A Simple Way to Avoid Mixing Up Information

Before you start, consider making two separate information sheets:

PETITIONER — YOU

and

BENEFICIARY — YOUR RELATIVE

Put each person’s names, dates, identification numbers, addresses, and other information on the correct sheet.

This can help prevent one of the easiest I-130 mistakes: putting the petitioner’s information into a question asking about the beneficiary, or the beneficiary’s information into a question asking about the petitioner.

“For USCIS Use Only”

Leave anything marked “For USCIS Use Only” blank.

That area is for USCIS employees to complete.

If you have an attorney or accredited representative, there is also a separate area for information about that representative.

Watch out: An online account number requested for an attorney or representative is not asking for your USCIS Online Account Number or the beneficiary’s number.

Part 1: Relationship — Who Are You Filing Form I-130 For?

Part 1 asks about the family relationship between you and the beneficiary.

Item 1 — What Is Your Relationship to the Beneficiary?

What is the question asking?

USCIS wants to know how the person you are filing for is related to you.

The choices on the form include:

  • spouse;
  • parent;
  • brother or sister; or
  • child.

What should you enter?

Select one relationship.

Example

If you are filing Form I-130 for your mother, select:

Parent

If you are filing for your husband, select:

Spouse

Watch out

The question asks for the beneficiary’s relationship to you.

It is not asking for your role in the relationship.

For example, if you are a daughter filing for your father, the beneficiary’s relationship to you is:

Parent

—not daughter.

Also, the everyday meaning of words such as child, parent, stepchild, or adopted child is not always exactly the same as the definition used under U.S. immigration law.

Age, marital status, adoption, step-relationships, and other facts can matter.

Selecting a box tells USCIS which relationship you are claiming. The box by itself does not prove that the relationship qualifies.

Additional Help: Who Can I File Form I-130 For?

The answer depends partly on whether you are a U.S. citizen or lawful permanent resident.

If you are a U.S. citizen

Depending on the circumstances, Form I-130 may be used to petition for:

  • your spouse;
  • your children;
  • your sons or daughters;
  • your mother or father, if you are at least 21; or
  • your brother or sister, if you are at least 21.

If you are a lawful permanent resident

Depending on the circumstances, Form I-130 may be used to petition for:

  • your spouse;
  • your unmarried child under 21; or
  • your unmarried son or daughter age 21 or older.

USCIS’s current I-130 instructions make this distinction between U.S. citizens and lawful permanent residents. USCIS

Watch out: Do not assume that every family relationship can be used for an I-130 simply because the person is your relative. Immigration law has specific requirements for who may petition for whom.

Item 2 — Parent, Child, Stepchild, or Adopted Child Relationships

If you are filing for a child or parent, Item 2 asks for more information about how the parent-child relationship was created.

What is the question asking?

USCIS asks you to identify which description applies to the relationship.

The choices concern situations such as:

  • the parents were married to each other when the child was born;
  • a stepchild/stepparent relationship;
  • the parents were not married to each other when the child was born; or
  • an adoption other than an Orphan or Hague Convention adoption.

What should you enter?

Select the description that accurately matches the relationship.

Watch out

When the form asks whether the parents were married, it is asking about whether they were married when the child was born.

It is not simply asking whether the parents ever married at some later time.

Step-relationships and adoptive relationships can also have additional immigration requirements.

Your birth certificate, marriage records, or adoption decree may help establish the facts, but selecting a category on the form does not by itself establish that the relationship qualifies under immigration law.

If your family history is complicated and you are unsure which category applies, do not simply guess.

Additional Help: What Is a Stepchild for Form I-130?

A stepchild is your spouse’s child from another parent.

But for immigration purposes, simply calling someone your stepchild is not enough. There are specific requirements for the step-relationship.

One important requirement is timing: USCIS’s I-130 instructions require evidence showing that the marriage that created the stepparent-stepchild relationship occurred before the child turned 18 years old. USCIS

Example

You marry someone who already has a 10-year-old daughter.

Your marriage creates a stepparent-stepchild relationship while the child is under 18.

That fact may be relevant when determining whether the relationship meets the immigration requirements.

Watch out: The date of the marriage matters. If you are unsure whether your particular step-relationship qualifies for an immigration petition, that is an eligibility question rather than simply a form-filling question.

Additional Help: Can I File Form I-130 for an Adopted Child?

An adopted child may qualify for an I-130, but adoption cases have additional immigration requirements.

USCIS may consider facts such as:

  • the child’s age when the adoption occurred;
  • legal custody; and
  • whether the child lived with the adoptive parent for the required period.

The exact requirements depend on the type of adoption and the circumstances.

This guide can help you understand what the I-130 question is asking, but it cannot determine whether a particular adoption qualifies under immigration law.

Tip: Have the adoption decree and related custody and residence records available before completing these questions.

Item 3 — Are You and Your Brother or Sister Related Through Adoption?

This question applies when you are filing for a brother or sister.

What is the question asking?

USCIS wants to know whether the sibling relationship between you and the beneficiary exists through adoption.

Answer based on the actual relationship between you and your brother or sister.

Example

If you and the beneficiary became siblings because one of you was adopted into the family, the adoption may be relevant to this question.

Watch out: This question is about how you and the beneficiary are related to each other. It is not asking how you became a U.S. citizen or permanent resident.

That is the next question.

Item 4 — Did You Obtain Permanent Residence or Citizenship Through Adoption?

Item 4 is also about adoption, but it asks a completely different question.

What is the question asking?

USCIS is asking about you, the petitioner, and how you obtained your own lawful permanent resident status or U.S. citizenship.

Watch out

Items 3 and 4 may both mention adoption, but they are not asking the same thing.

Item 3: Is your relationship with your brother or sister through adoption?

Item 4: Did you obtain lawful permanent residence or U.S. citizenship through adoption?

Do not automatically give the same answer to both questions.

Tip

If adoption is involved, have both types of records available:

  • records about the adoption; and
  • records showing how you obtained permanent residence or citizenship.

The date of an adoption and the date someone became a permanent resident or citizen are different events and may be different dates.

Before Moving to Part 2

Before continuing, make sure you have correctly identified:

  • who the petitioner is;
  • who the beneficiary is;
  • the beneficiary’s relationship to you;
  • whether a parent-child relationship involves birth, marriage, a step-relationship, or adoption; and
  • whether either adoption question applies to your situation.

Part 2 changes focus.

Part 1 was about your relationship to the beneficiary.

Part 2 is about you — the petitioner.

That distinction becomes very important because Part 2 asks for your identification numbers, names, addresses, marital history, immigration status, and employment history.

Part 2: Information About You — the Petitioner

Part 2 is about you, the petitioner.

Remember:

You = the petitioner.

Your relative = the beneficiary.

Part 4 will ask many similar questions about the beneficiary. For now, enter your information, not your relative’s information.

Watch out: This is especially important with identification numbers. Your A-Number, USCIS Online Account Number, and Social Security number belong to you. Do not enter the beneficiary’s numbers in Part 2.

Your Identification Numbers

Item 1 — Alien Registration Number (A-Number)

What is this question asking?

USCIS is asking whether you have an Alien Registration Number, usually called an A-Number.

An A-Number is an identification number USCIS or another U.S. immigration agency may assign to a person.

What should you enter?

Enter your A-Number, if you have one.

An A-Number is generally seven to nine digits.

It may appear on immigration documents such as:

  • a Permanent Resident Card (Green Card);
  • USCIS notices; or
  • other immigration records.

On current Permanent Resident Cards, the number labeled “USCIS#” is the A-Number.

Example

If your Green Card says:

USCIS# 123-456-789

that is your A-Number.

Watch out

An A-Number is not the same thing as:

  • a USCIS receipt number;
  • a Green Card card number;
  • a passport number;
  • a visa number; or
  • a USCIS Online Account Number.

Read the label next to the number before copying it onto the form.

Additional Help: What Is an A-Number on Form I-130?

An A-Number is a number used to identify a person’s U.S. immigration records.

Not everyone has one.

Having a passport or visa does not automatically mean you have an A-Number.

Also remember that Form I-130 asks about two different people.

Part 2 asks for the petitioner’s A-Number — your number.

Part 4 asks for the beneficiary’s A-Number — your relative’s number.

One person’s A-Number cannot be used for the other person.

Item 2 — USCIS Online Account Number

What is this question asking?

USCIS is asking for your USCIS Online Account Number, if you have been issued one.

This number is connected with a USCIS online account.

Where can I find my USCIS Online Account Number?

If you file online, check your USCIS account profile.

If you filed on paper and USCIS sent you an Account Access Notice, check that notice.

USCIS instructions associate the account number with cases that may have receipt numbers beginning with IOE.

Watch out

Your IOE receipt number is not your USCIS Online Account Number.

These are different numbers.

Also, do not enter:

  • your USCIS password;
  • an online access code;
  • your A-Number; or
  • a case receipt number

in this field.

Additional Help: Is a USCIS Online Account Number the Same as an A-Number?

No.

They identify different things.

A-Number: Identifies a person’s immigration record.

USCIS Online Account Number: Identifies a USCIS online account.

Receipt number: Identifies a particular USCIS case or filing.

One document may contain several numbers. Always check the label next to the number before entering it.

Tip: When preparing your information, write down both the label and the number. Do not make a list containing only numbers with no explanation of what they are.

Item 3 — U.S. Social Security Number

What is this question asking?

USCIS is asking for your U.S. Social Security number, if you have one.

What should you enter?

Enter your Social Security number if one has been issued to you.

Watch out

This field is not asking for:

  • a foreign national identification number;
  • an Individual Taxpayer Identification Number (ITIN); or
  • the beneficiary’s Social Security number.

Your Name

Items 4.a–4.c — Your Current Legal Name

What is this question asking?

Enter your name in the separate boxes provided:

Family Name (Last Name): Your surname.

Given Name (First Name): Your first name.

Middle Name: Your middle name, if you have one.

Example

If your full name is:

Maria Elena Garcia

you would normally enter:

Family Name: Garcia
Given Name: Maria
Middle Name: Elena

Use your actual name as requested by the form rather than putting your entire name into one box.

Items 5.a–5.c — Other Names You Have Used

What is this question asking?

USCIS wants to know all other names you have ever used.

This may include:

  • a maiden name;
  • a previous married name;
  • an alias; or
  • a nickname you have used.

A maiden name is generally a surname used before marriage.

An alias is another name a person has used.

What should you enter?

List the other names you have actually used.

If you need more room, continue the answer in Part 9, Additional Information.

Additional Help: Do I Put Nicknames on Form I-130?

The form specifically includes nicknames when asking about other names you have used.

If you have actually used another name or nickname, include it as appropriate.

Example

Suppose your legal name is:

Robert James Williams

but you have regularly used:

Bob Williams

The other-names question is designed to capture names you have used in addition to your current legal name.

Watch out

Listing a nickname does not mean you are claiming that you legally changed your name.

A nickname and a legal name change are different things.

If your name changed legally and relevant documents show the previous name, USCIS instructions may require documentation showing the legal name change.

Tip: Compare your passport, birth certificate, marriage records and older immigration documents before completing this section.

If one document has a different spelling, do not silently change the spelling on the old document simply to make all of your records look the same.

Your Birth Information

Items 6–8 — Place and Date of Birth

What is this question asking?

USCIS asks for:

  • Item 6: City, town or village where you were born;
  • Item 7: Country where you were born; and
  • Item 8: Your date of birth.

Enter your date of birth in:

Month / Day / Year

Watch out

Your country of birth is not necessarily:

  • the country where you live now;
  • your current country of citizenship; or
  • the country that issued your passport.

USCIS is asking where you were born.

Item 9 — Sex

Item 9 gives two choices:

  • Male
  • Female

Select the box that applies according to the form and current USCIS requirements.

If your identity documents contain conflicting information or you are unsure how USCIS’s current policy applies to your records, that is an evidence question that this guide cannot resolve for you.

Your Mailing Address and Physical Address

Item 10 — Your Mailing Address

What is this question asking?

Your mailing address is the address where you receive mail.

This is important because USCIS may send notices and other correspondence to this address.

The form asks for the different parts of the address, including:

  • In Care Of Name, if applicable;
  • street number and street name;
  • apartment, suite or floor;
  • city or town;
  • state and ZIP code for U.S. addresses;
  • province and postal code when applicable; and
  • country.

Additional Help: What Does “In Care Of Name” Mean on Form I-130?

In Care Of Name is used when you receive mail at an address through another person.

For example, suppose you receive important mail at your sister’s home. Your sister’s name may be entered as the In Care Of Name, when appropriate.

It does not mean that your sister becomes the petitioner or that the address becomes your physical residence.

If you receive mail directly at your own address and no other person’s name is needed to receive it, this field may not apply.

Item 11 — Is Your Mailing Address the Same as Your Physical Address?

What is this question asking?

USCIS wants to know whether the address where you receive mail is also the place where you actually live.

Your mailing address and physical address can be the same.

But they do not have to be.

Example

You live at:

123 Main Street

and you also receive your mail there.

Your mailing and physical addresses are the same.

But suppose you live at 123 Main Street and receive important mail at your parents’ house.

Then your mailing address and physical address are different.

Watch out

An address where someone receives your mail is not automatically an address where you have lived.

Do not use a convenient mailing address as your physical residence if you did not actually live there.

Your Five-Year Address History

Items 12–15 — Where Have You Lived During the Last Five Years?

What is this question asking?

USCIS wants your physical address history for the last five years.

This means the places where you actually lived.

Include addresses:

  • inside the United States; and
  • outside the United States.

If your current physical address is different from your mailing address, provide the current physical address first as directed by the form.

Then provide your previous address information.

What Dates Should I Enter for My Address History?

The form asks when you began and stopped living at each address.

For your current address, the form uses:

PRESENT

for the ending date.

Example

Suppose you lived at one address from:

08/01/2022 to 05/31/2025

and moved to your current home on:

06/01/2025

Your history should show those periods in the appropriate address blocks.

What If I Have Had More Addresses Than the Form Has Space For?

Do not leave addresses out simply because the printed form has only a limited number of address boxes.

Continue your address history in:

Part 9 — Additional Information

Make sure the additional information clearly identifies the correct page, part and item number.

Additional Help: What If I Don’t Remember the Exact Date I Moved?

First, try to reconstruct the date using records such as:

  • leases;
  • utility bills;
  • bank records;
  • school records;
  • driver’s-license records; or
  • your own moving records.

If you still cannot determine the exact date, USCIS’s instructions allow an approximate date with an explanation in Part 9.

Watch out

Do not invent an exact date simply to make the timeline look complete.

It is better to identify a date as approximate than to present a date you do not actually know as certain.

Tip: Put your addresses in chronological order before transferring them to the form. This makes it much easier to see whether you accidentally created a gap or entered two dates incorrectly.

Your Marriage History

Item 16 — How Many Times Have You Been Married?

What is this question asking?

USCIS wants the total number of times you have been married.

Include your current marriage, if you are currently married.

Example

If you were married once, divorced, and then married your current spouse, you have been married:

2 times

—not once.

Item 17 — What Is Your Current Marital Status?

Choose the status that currently applies to you.

The form includes choices such as:

  • Single, Never Married;
  • Married;
  • Divorced;
  • Widowed;
  • Separated; and
  • Marriage Annulled.

Watch out

Single, Never Married does not mean the same thing as divorced or widowed.

Also, simply living apart from your spouse does not necessarily mean that your marriage has legally ended.

Items 18–19 — Your Current Marriage

If you are currently married, USCIS asks:

  • the date of your current marriage; and
  • where the marriage took place.

The location fields include the applicable:

  • city or town;
  • state;
  • province; and
  • country.

Watch out

USCIS is asking for the date and place of the marriage.

It is not asking when you first met, when you became engaged, or when you began living together.

Use the information from your marriage record when available.

Your Current and Previous Spouses

USCIS next asks for information about your spouse or spouses.

If you are currently married, list your current spouse first.

Then list your previous spouse or spouses.

For a previous marriage, provide the requested date when that marriage ended.

Additional Help: What Date Should I Use for a Previous Divorce?

Use the date the marriage legally ended according to the relevant record.

That may not be the same date that:

  • you separated;
  • someone filed for divorce;
  • you attended a court hearing; or
  • you stopped living together.

Review the final divorce decree or other document showing when the marriage legally ended.

If a previous spouse died, the death certificate may establish the relevant date.

Watch out

Do not guess at the legal termination date based on when you remember the relationship ending personally.

If the record does not make the effective date clear, get clarification before entering a date you are unsure about.

Additional Help: Do I Need to List All Previous Marriages on Form I-130?

Yes, this section asks for your marital history, not only your current marriage.

That means your information may include:

  • your total number of marriages;
  • your current marital status;
  • your current marriage;
  • previous spouses; and
  • the dates previous marriages ended.

For a spouse petition, the beneficiary will also have a separate marital-history section later in the form.

Watch out: Your marriage history and the beneficiary’s marriage history are separate. Even when you are married to each other, you may have different previous marriages and different total numbers of marriages.

Tip: Make a simple marriage timeline before completing the form:

Spouse’s name → marriage date → date marriage ended → document showing how it ended

This makes complicated histories much easier to check.

Information About Your Parents

The next questions ask about your parents.

Remember: Part 2 is still about you, the petitioner.

These questions are asking about your parents, even if you are filing the I-130 for your spouse, child, or sibling.

Parent 1

For your first parent, provide the information requested by the form, including:

  • family name;
  • given name;
  • middle name;
  • date of birth;
  • sex;
  • country of birth;
  • current city, town or village of residence; and
  • country of residence.

Watch out

Country of birth and country of residence are different questions.

For example, your mother may have been born in Mexico but now live in the United States.

Her country of birth and country of residence would therefore be different.

Parent 2

Provide the same requested information for your second parent.

What if I don’t know some of my parent’s information?

Do not invent information simply because the form provides a box for it.

Check available family and official records.

If information genuinely cannot be provided in the normal format, use Part 9 to explain as appropriate.

Watch out

If a parent has died, do not invent a current city or country of residence just to fill the boxes.

Your U.S. Citizenship or Permanent Resident Status

Item 36 — Are You a U.S. Citizen or Lawful Permanent Resident?

What is this question asking?

USCIS wants to know your immigration or citizenship status as the petitioner.

Select:

  • U.S. citizen, or
  • lawful permanent resident

as applicable.

A lawful permanent resident is commonly called a Green Card holder.

Item 37 — How Did You Become a U.S. Citizen?

If you are a U.S. citizen, USCIS asks how you obtained citizenship.

The form provides choices including:

  • birth in the United States;
  • naturalization; or
  • through parents.

What does “naturalization” mean?

Naturalization is the process through which an eligible person becomes a U.S. citizen after birth by applying for citizenship and completing the naturalization process.

What does “citizenship through parents” mean?

This refers to citizenship obtained through a parent or parents under U.S. citizenship law.

Watch out

Do not select through parents simply because one or both of your parents are U.S. citizens.

Whether a person acquired or derived U.S. citizenship through a parent can depend on dates and other circumstances.

If you are unsure how you became a citizen, review your citizenship records rather than guessing.

Additional Help: What If I Am a U.S. National but Not a U.S. Citizen?

The Form I-130 instructions contain a special instruction for a non-citizen U.S. national.

They direct a non-citizen U.S. national to select lawful permanent resident in Item 36 and state that the person does not need to provide an A-Number in Part 2, Item 1.

This is a special form-completion instruction. It does not mean that a non-citizen U.S. national and a lawful permanent resident are legally the same status.

Certificate of Naturalization or Certificate of Citizenship

Items 38–39 — Do You Have a Citizenship Certificate?

What is this question asking?

USCIS asks whether you obtained either a:

  • Certificate of Naturalization, or
  • Certificate of Citizenship.

If yes, USCIS asks for information from that certificate.

What should you enter?

Use the actual certificate, if available, and enter:

  • the certificate number;
  • the place where the certificate was issued; and
  • the date the certificate was issued.

What is a Certificate of Naturalization?

A Certificate of Naturalization is the document issued to a person who becomes a U.S. citizen through the naturalization process.

What is a Certificate of Citizenship?

A Certificate of Citizenship is a document issued to certain people who obtained U.S. citizenship through their parent or parents.

Watch out

These questions are asking about the citizenship certificate itself.

Do not automatically enter:

  • your U.S. passport number;
  • your A-Number;
  • a USCIS receipt number; or
  • another number you see on an immigration document.

Tip: Look at the actual certificate when possible. A certificate may contain several numbers and dates. Match the information you enter to the exact label on the form.

If You Are a Lawful Permanent Resident

The next questions are for petitioners who are lawful permanent residents, commonly called Green Card holders.

Items 40.a–40.d — Your Class, Date, and Place of Admission

USCIS wants information about how and when you became a lawful permanent resident.

The form asks for:

  • Item 40.a — Class of admission
  • Item 40.b — Date of admission
  • Item 40.c — City or town of admission
  • Item 40.d — State of admission

Additional Help: What Does “Class of Admission” Mean on Form I-130?

Your class of admission is the immigration category under which you became a lawful permanent resident.

It is not asking for:

  • your job or occupation;
  • your country of citizenship;
  • your birthplace; or
  • the type of Green Card you physically carry.

Where can I find my class of admission?

Your Permanent Resident Card may show your immigration category.

You may also find useful information in:

  • your immigrant visa records;
  • records from your admission to the United States; or
  • your adjustment-of-status approval documents.

Watch out: Do not guess at a class of admission because an abbreviation looks familiar. Use your immigration records to identify the category under which you actually became a permanent resident.

Item 40.b — Date of Admission

What is this question asking?

USCIS wants the date associated with you becoming a lawful permanent resident.

Your Green Card may show a “Resident Since” date that can help you identify this information.

Watch out

The expiration date printed on your Green Card is not the date you became a permanent resident.

For example, if your card says:

Resident Since: 06/15/2019

and:

Card Expires: 06/15/2029

those dates mean different things.

The expiration date tells you when the card expires. It does not tell you when your permanent resident status began.

Items 40.c–40.d — Place of Admission

What is this question asking?

USCIS asks for the city or town and state associated with your admission as a lawful permanent resident.

This question can be confusing because people become permanent residents in different ways.

For example, one person may have entered the United States with an immigrant visa and become a permanent resident through that admission.

Another person may have applied for adjustment of status while already inside the United States.

What does “adjustment of status” mean?

Adjustment of status is the process of applying to become a lawful permanent resident while you are inside the United States.

Form I-485 is the form generally used to apply for adjustment of status.

Watch out

“Place of admission” does not simply mean:

  • where you were born;
  • where you live now;
  • the last airport you traveled through;
  • the address where USCIS mailed your Green Card; or
  • the location of a USCIS processing center printed on a notice.

Use the records connected with how you actually obtained permanent residence.

Tip: If you have them, review your Green Card, immigrant admission records, and adjustment-of-status approval notice together. If the records do not clearly answer the question, do not assume that a mailing address or processing-center address is the requested place of admission.

Item 41 — Did You Become a Permanent Resident Through Marriage?

What is this question asking?

USCIS wants to know whether you obtained your lawful permanent resident status through marriage to a U.S. citizen or lawful permanent resident.

This is asking about the basis on which you became a permanent resident.

Example

Suppose you became a permanent resident because your U.S. citizen spouse petitioned for you and you completed the marriage-based immigration process.

Your permanent residence was obtained through marriage.

Watch out

USCIS is not simply asking:

“Were you married when you became a permanent resident?”

Those are different questions.

You could have been married at the time but obtained permanent residence through some other immigration category.

The question is asking whether marriage to a U.S. citizen or permanent resident was the basis for your permanent residence.

If you are unsure how you obtained permanent residence, review your immigration records rather than answering based only on whether you were married at the time.

Your Employment History for the Last Five Years

The final section of Part 2 asks about your employment history during the last five years.

Remember: This is still about you, the petitioner.

It is not asking about the beneficiary’s employment.

USCIS asks for employment inside and outside the United States.

Start with your current employment.

Item 42 — Name of Employer or Company

What is this question asking?

Enter the name of the company or employer where you currently work.

What if I am unemployed?

If you are currently unemployed, the form specifically tells you to enter:

Unemployed

Do not invent an employer simply because the form provides a space for one.

Items 43.a–43.h — Employer’s Address

Enter the address of the employer or company.

Use the applicable fields for:

  • street number and name;
  • apartment, suite or floor, if applicable;
  • city or town;
  • state;
  • ZIP code;
  • province;
  • postal code; and
  • country.

Use the actual employer address that applies to the employment you are listing.

Item 44 — Your Occupation

What is this question asking?

Your occupation means the type of work you do.

It is not the name of your employer.

Example

Suppose you work for:

ABC Construction Company

and your job is:

Carpenter

Then:

Employer: ABC Construction Company

Occupation: Carpenter

These are two different answers.

Items 45.a–45.b — Dates of Employment

Enter the date you started working for that employer and the date the employment ended.

For your current job, the form shows:

PRESENT

for the ending date.

Watch out

Do not put the date the company was created or the date you moved to the employer’s city.

USCIS is asking when you worked there.

Your Previous Employment

After your current employment, provide your previous employment information as requested.

For each job, you may need information such as:

  • employer or company name;
  • employer address;
  • your occupation; and
  • dates of employment.

If you had more jobs during the five-year period than the printed form has room for, continue the information in:

Part 9 — Additional Information

Additional Help: Do I Include Jobs Outside the United States on Form I-130?

Yes.

The employment history covers employment inside and outside the United States during the required five-year period.

Do not leave out a job simply because the employer was in another country.

Additional Help: What If I Was Self-Employed?

If you were self-employed, describe the actual work or business arrangement accurately.

For example, if you operated your own business, your information should reflect that you were self-employed and identify the business or work appropriately.

Watch out

Being self-employed does not mean you were unemployed.

Do not enter “Unemployed” simply because you did not receive a paycheck from a separate employer.

Additional Help: What If I Had Two Jobs at the Same Time?

Report the employment history accurately.

If two jobs overlapped, it is okay for the dates to overlap.

Example

You worked one job from:

January 2023 – December 2024

and a second job from:

June 2024 – Present

Those jobs genuinely overlapped.

Do not change the dates simply to make the employment history look like one job ended exactly when another began.

Additional Help: What If I Don’t Remember My Exact Employment Dates?

Try to reconstruct your employment history using records such as:

  • employment records;
  • pay stubs;
  • tax records;
  • employment letters;
  • business records; or
  • other records showing when you worked.

If an exact date cannot be determined, follow the form instructions for approximate dates and explain the approximate date in Part 9, Additional Information, when required.

Watch out: Do not invent an exact date just to fill the box.

Tip: Make a Five-Year Employment Timeline First

Before copying your employment information onto Form I-130, make a simple timeline:

Employer → Occupation → Start Date → End Date

Then check that the timeline covers the entire five-year period you are reporting.

Include:

  • U.S. employment;
  • employment outside the United States;
  • self-employment;
  • periods of unemployment; and
  • overlapping jobs when they actually occurred.

This makes it much easier to catch missing periods or incorrect dates before you submit the form.

Before Moving to Part 3

You have now finished Part 2: Information About You (Petitioner).

Before continuing, check that Part 2 contains your information, including:

  • your A-Number, if any;
  • your USCIS Online Account Number, if any;
  • your Social Security number, if any;
  • your current name and other names used;
  • your birth information;
  • your mailing and physical addresses;
  • your five-year address history;
  • your current and previous marriages;
  • information about your parents;
  • your U.S. citizenship or permanent resident information; and
  • your five-year employment history.

Watch out: Part 4 will ask many similar questions about the beneficiary. Do not assume that information entered in Part 2 should simply be repeated later.

Part 3 is much shorter.

Part 3 asks for biographic information about you, the petitioner, including ethnicity, race, height, weight, eye color, and hair color.

Part 3: Biographic Information About You

Part 3 asks for basic information about your physical characteristics.

Remember, this section is still about you, the petitioner — not the beneficiary.

USCIS calls this biographic information.

The questions ask about your:

  • ethnicity;
  • race;
  • height;
  • weight;
  • eye color; and
  • hair color.

Most of Part 3 is straightforward, but a few questions use categories or measurements that may be unfamiliar. We explain them below.

Item 1 — Ethnicity

What is this question asking?

USCIS asks you to select one ethnicity.

The form gives you two choices:

  • Hispanic or Latino
  • Not Hispanic or Latino

Select the choice that applies to you.

What does “Hispanic or Latino” mean on Form I-130?

For this question, use the definitions provided in the official USCIS instructions for the form.

Watch out: USCIS asks about ethnicity and race separately.

Answering the ethnicity question does not mean you should skip the next question about race.

Item 2 — Race

What is this question asking?

USCIS next asks about your race.

Unlike the ethnicity question, you may select all race categories that apply to you.

The choices printed on the form are:

  • White;
  • Asian;
  • Black or African American;
  • American Indian or Alaska Native; and
  • Native Hawaiian or Other Pacific Islander.

What should you enter?

Select all boxes that apply to you.

Watch out

Do not assume that your answer to the ethnicity question automatically answers the race question.

They are two separate questions on Form I-130.

For example, selecting Hispanic or Latino for ethnicity does not mean you should leave the race question blank.

If you are unsure which USCIS race category applies, review the definitions in the official Form I-130 instructions rather than using categories from a different government form.

Additional Help: What Is the Difference Between Race and Ethnicity on Form I-130?

USCIS treats race and ethnicity as two separate pieces of information.

For ethnicity, you select one:

Hispanic or Latino

or

Not Hispanic or Latino

For race, you select all of the listed race categories that apply to you.

That is why Form I-130 asks both questions.

Your Height and Weight

Item 3 — Height

What is this question asking?

Enter your height using feet and inches.

The form has separate spaces for each.

Example

If you are 5 feet 8 inches tall, enter:

Feet: 5

Inches: 8

Watch out

Do not enter your height in:

  • centimeters;
  • meters; or
  • a decimal number of feet.

For example, do not convert 5 feet 6 inches into 5.5 feet.

Enter the feet and remaining inches separately.

Additional Help: What If I Know My Height Only in Centimeters?

Convert your height to feet and inches before entering it on the form.

For example, if your records show your height only in centimeters, first convert that measurement and then enter the result in the separate feet and inches boxes.

Tip: After converting, check the result once more before putting it on the form. A measurement entered in the wrong units can produce a very different height.

Item 4 — Weight

What is this question asking?

Enter your weight in pounds.

Watch out

Do not enter your weight in kilograms.

If you normally measure your weight in kilograms, convert it to pounds before completing this field.

Additional Help: What If I Don’t Know My Exact Weight?

The Form I-130 instructions provide a special answer for certain situations.

Enter:

000

if:

  • you do not know your weight;
  • your weight is less than 30 pounds; or
  • your weight is more than 699 pounds.

This is a specific USCIS instruction for this field.

Watch out: Do not use 000 simply because you would rather not provide your weight. Use it only in the situations described by the instructions.

Your Eye Color

Item 5 — Eye Color

What is this question asking?

Select the box that best describes your eye color.

Use one of the choices printed on the form.

What should you enter?

Select one eye-color box.

If none of the listed colors accurately describes your eye color, use the appropriate Unknown/Other choice provided by the form.

Tip

Use your normal eye color.

The question is about your physical characteristic, not the appearance created by colored contact lenses.

Your Hair Color

Item 6 — Hair Color

What is this question asking?

Select the box that best describes your hair color.

The hair-color choices continue onto page 5 of the paper form, so make sure you look at all of the available choices before selecting one.

The form also provides choices for situations such as:

  • Unknown/Other; and
  • Bald (No hair).

What should you enter?

Select one choice that best describes your hair.

Watch out

Use the choices actually printed on Form I-130.

Do not use a category simply because you remember seeing it on another USCIS or government form.

Additional Help: What Hair Color Should I Put If I Am Bald?

Form I-130 specifically provides the choice:

Bald (No hair)

If that accurately describes you, use that choice rather than trying to select a hair color that no longer applies.

Before Moving to Part 4

You have now finished Part 3: Biographic Information.

Before continuing, check that you entered your:

  • ethnicity;
  • race;
  • height in feet and inches;
  • weight in pounds;
  • eye color; and
  • hair color.

Part 4 makes an important change.

Parts 2 and 3 were primarily about you, the petitioner.

Part 4 is about the beneficiary — the relative you are filing Form I-130 for.

This is where it becomes especially important to keep the two people’s information separate.

For example, Part 4 will ask for the beneficiary’s:

  • A-Number and other identification numbers;
  • names;
  • birth information;
  • addresses;
  • marriage and family information;
  • U.S. immigration history;
  • passport and I-94 information;
  • employment; and
  • other immigration information.

Tip: Before starting Part 4, put away your own information sheet and use the information you collected for the beneficiary. This simple step can help prevent you from accidentally copying your information into your relative’s section.

Part 4: Information About the Beneficiary — Your Relative

Part 4 is about the beneficiary — the relative you are filing Form I-130 for.

Remember:

You = the petitioner.

Your relative = the beneficiary.

Parts 2 and 3 asked mostly about you. Part 4 changes to your relative’s information.

This is important because some of the questions look very similar to questions you already answered about yourself.

Watch out: Do not automatically copy information from Part 2 into Part 4. Enter the beneficiary’s information, even when you are the person completing and submitting the form.

The Beneficiary’s Identification Numbers

Items 1–3 — A-Number, USCIS Online Account Number, and Social Security Number

USCIS first asks whether the beneficiary has:

  • an Alien Registration Number (A-Number);
  • a USCIS Online Account Number; and
  • a U.S. Social Security number.

These are the same types of numbers we explained in Part 2, but now USCIS wants the beneficiary’s numbers.

Item 1 — Beneficiary’s A-Number

Enter the beneficiary’s A-Number, if they have one.

An A-Number is generally a seven- to nine-digit number used to identify a person’s immigration records.

It may appear on immigration documents such as a Permanent Resident Card or USCIS correspondence.

Item 2 — Beneficiary’s USCIS Online Account Number

Enter the beneficiary’s USCIS Online Account Number, if one has been issued.

Remember that this is not the same as an A-Number or case receipt number.

Item 3 — Beneficiary’s U.S. Social Security Number

Enter the beneficiary’s U.S. Social Security number, if they have one.

Do not enter a foreign identification number or ITIN in place of a U.S. Social Security number.

Watch out

Do not enter your own numbers simply because you are filing the petition or using your USCIS online account.

These questions are asking about the beneficiary.

Additional Help: What If the Beneficiary Does Not Have an A-Number?

Not everyone has an A-Number.

Having a passport or having visited the United States does not automatically mean an A-Number has been assigned.

Check the beneficiary’s immigration records before assuming they have one.

Do not enter your own A-Number in this field just because the beneficiary does not have one.

The Beneficiary’s Name

Items 4.a–4.c — Beneficiary’s Current Legal Name

Enter the beneficiary’s:

  • Family Name (Last Name)
  • Given Name (First Name)
  • Middle Name, if any

Use the correct box for each part of the name.

Example

If the beneficiary’s name is:

Sofia Maria Hernandez

you would normally enter:

Family Name: Hernandez
Given Name: Sofia
Middle Name: Maria

Items 5.a–5.c — Other Names the Beneficiary Has Used

What is this question asking?

USCIS wants all other names the beneficiary has ever used.

This can include:

  • maiden names;
  • previous married names;
  • aliases; and
  • nicknames.

If more space is needed, continue the information in Part 9, Additional Information.

Watch out

This question is broader than asking whether the beneficiary has legally changed their name.

A person may have used another name without obtaining a court-ordered legal name change.

Tip: Compare the beneficiary’s passport, birth certificate, marriage records and immigration documents before completing this section.

Additional Help: Should I Include the Beneficiary’s Maiden Name on Form I-130?

Yes. The form specifically asks about other names the beneficiary has used, including a maiden name.

A maiden name is generally a surname used before marriage.

For example, if your wife’s current name is:

Maria Lopez

but before marriage she used:

Maria Garcia

the previous name should be included where the form asks for other names used.

The Beneficiary’s Birth Information

Items 6–9 — Birthplace, Date of Birth, and Sex

Enter the beneficiary’s:

  • city, town or village of birth;
  • country of birth;
  • date of birth; and
  • sex using the choices provided on the form.

Watch out

The beneficiary’s country of birth is not necessarily:

  • their current country of residence;
  • their country of citizenship; or
  • the country that issued their current passport.

USCIS is asking where the beneficiary was born.

Previous Petitions Filed for the Beneficiary

Item 10 — Has Anyone Else Ever Filed a Petition for the Beneficiary?

What is this question asking?

USCIS wants to know whether someone other than you has ever filed a petition for this beneficiary.

The word “ever” is important.

USCIS is not asking only about petitions that are currently pending.

An older petition may still belong in the answer even if it was:

  • approved;
  • denied;
  • withdrawn; or
  • otherwise completed.

Watch out

This is different from Part 5, which asks about petitions you previously filed.

Here, USCIS is asking whether someone else previously filed for this beneficiary.

Additional Help: What If We Don’t Know Whether Someone Filed an I-130 Before?

The form provides an Unknown choice when neither you nor the beneficiary knows whether anyone else previously filed a petition for the beneficiary.

Do not select Unknown simply because:

  • you do not know the receipt number;
  • you do not remember the exact filing date; or
  • you do not have a copy of an old case.

Those are different from genuinely not knowing whether a petition was ever filed.

Tip: Ask the beneficiary to look for old USCIS notices, immigration paperwork, and copies of previous petitions.

The Beneficiary’s Current Physical Address

Item 11 — Where Does the Beneficiary Live Now?

What is this question asking?

USCIS wants the beneficiary’s physical address — the place where your relative actually lives now.

This address may be:

  • inside the United States; or
  • outside the United States.

Watch out

Do not automatically enter your address just because you are the petitioner.

Enter your address only if the beneficiary actually lives there too.

Additional Help: What If the Beneficiary’s Foreign Address Has No Street Number?

Some addresses outside the United States do not use the same street-number and street-name system used in the United States.

The form gives a specific instruction for this situation.

If the beneficiary lives outside the United States in a home that has no street number or street name, leave Items 11.a and 11.b blank.

Then complete the other address fields that apply.

Do not invent a street number simply to fill the box.

Where the Beneficiary Intends to Live in the United States

Item 12 — Intended U.S. Address

What is this question asking?

USCIS asks where the beneficiary plans to live in the United States if that address is different from the physical address in Item 11.

This is asking about a planned U.S. residence.

It is not asking you to change the beneficiary’s current address.

What if the address is the same?

If the intended U.S. address is the same as Item 11, the form tells you to enter:

SAME

in Item 12.a.

Beneficiary’s Address Outside the United States

Item 13 — Foreign Address

Provide the beneficiary’s address outside the United States if it is different from the address already provided in Item 11.

If it is the same, the form instructs you to enter:

SAME

in Item 13.a.

Watch out

Do not invent a foreign address simply because this section appears on the form.

Use the beneficiary’s actual information and follow the form’s instructions when a question does not apply.

Additional Help: What If the I-130 Beneficiary Lives Outside the United States?

That is not unusual.

Form I-130 specifically allows you to provide a beneficiary’s foreign physical address.

Use the beneficiary’s actual current address.

Later in Part 4, Items 61 and 62 ask whether the beneficiary intends to apply for permanent residence from inside the United States or through a U.S. embassy or consulate abroad.

We explain that difference below.

Beneficiary’s Contact Information

Items 14–16 — Phone Numbers and Email

USCIS asks for the beneficiary’s:

  • daytime telephone number;
  • mobile telephone number, if any; and
  • email address, if any.

These questions continue onto page 6 of the paper form.

Watch out

Enter the beneficiary’s contact information.

Your own contact information is requested separately in Part 6.

Beneficiary’s Marriage History

Items 17–20 — Number of Marriages and Current Marital Status

USCIS now asks about the beneficiary’s marriage history.

Item 17 — How Many Times Has the Beneficiary Been Married?

Enter the beneficiary’s total number of marriages, including the current marriage if the beneficiary is currently married.

Item 18 — Current Marital Status

Select the beneficiary’s current marital status.

Items 19–20 — Current Marriage

If the beneficiary is currently married, enter:

  • the date of the current marriage; and
  • where the marriage took place.

Watch out

Use the beneficiary’s history.

Your marriage histories may overlap if you are married to each other, but they are not necessarily identical.

For example, you may have been married twice while your spouse has been married only once.

Beneficiary’s Current and Previous Spouses

List the beneficiary’s current spouse first, if currently married.

Then list all previous spouses and the requested dates when previous marriages ended.

If you are filing for your spouse, you may be the current spouse listed here.

Do not leave yourself out simply because your information appears elsewhere on Form I-130.

Additional Help: Do I List Previous Marriages for the I-130 Beneficiary?

Yes.

USCIS asks about the beneficiary’s marital history, including previous spouses.

For a previous marriage, use the date the marriage legally ended, based on the appropriate record.

That may be different from:

  • the date the couple separated;
  • the date divorce papers were filed; or
  • the date they stopped living together.

Tip: Compare your marital-history section and the beneficiary’s marital-history section with the actual marriage and divorce records before submitting the petition.

Beneficiary’s Spouse and Children

Items 25–44 — Family Information

USCIS next asks for information about the beneficiary’s spouse and children.

For each person, provide the requested:

  • full name;
  • relationship to the beneficiary;
  • date of birth; and
  • country of birth.

The paper form provides space for several people:

  • Person 1 — Items 25–28
  • Person 2 — Items 29–32
  • Person 3 — Items 33–36
  • Person 4 — Items 37–40
  • Person 5 — Items 41–44

The list continues from page 6 to page 7.

If more space is needed, use Part 9, Additional Information.

Watch out

This section asks about family information.

It is not simply a list of people who plan to immigrate to the United States.

Enter the family information requested by the form.

Additional Help: Do the Beneficiary’s Children Need Separate I-130 Petitions?

Not necessarily — and completing this family list does not answer that question.

USCIS distinguishes between a principal beneficiary and family members who may, in some immigration categories, qualify as derivative beneficiaries.

A principal beneficiary is the person for whom the immigration petition is primarily filed.

A derivative beneficiary is certain qualifying family member who may be able to receive an immigration benefit through the principal beneficiary’s case.

Whether a spouse or child needs a separate petition depends on the immigration category and the person’s circumstances.

Watch out: Listing a child in this section does not automatically create an immigration petition for that child.

Beneficiary’s Previous Visits to the United States

Item 45 — Has the Beneficiary Ever Been in the United States?

What is this question asking?

This is an “ever” question.

USCIS wants to know whether the beneficiary has ever been in the United States, not simply whether they live here now.

Example

The beneficiary currently lives in another country but visited the United States several years ago.

The answer should reflect that previous visit.

Watch out

Do not answer No simply because the beneficiary currently lives outside the United States.

Think about the beneficiary’s entire history of travel to the United States.

Beneficiary’s U.S. Entry and I-94 Information

Item 46 — Information About the Beneficiary’s Most Recent U.S. Entry

If the beneficiary is currently in the United States, the form asks for information about their entry.

This includes:

  • 46.a — Class of admission
  • 46.b — I-94 Arrival/Departure Record Number
  • 46.c — Date of arrival
  • 46.d — Date authorized stay expires, or D/S when applicable

Item 46.a — Class of Admission

What does “class of admission” mean here?

This refers to the immigration classification under which the beneficiary entered the United States.

Look at the beneficiary’s entry records.

Watch out

A class of admission is not:

  • the beneficiary’s occupation;
  • nationality; or
  • reason for taking a particular trip in ordinary conversation.

Use the immigration classification shown by the relevant records.

Item 46.b — I-94 Number

What is an I-94?

Form I-94 is the Arrival/Departure Record used to record certain admissions and entries into the United States.

The I-94 has its own number.

It may also be called a Departure Number on some versions.

Watch out

An I-94 number is not the same as:

  • a passport number;
  • a visa number;
  • an A-Number; or
  • a USCIS receipt number.

Electronic I-94 records may be available through CBP’s I-94 service.

Item 46.c — Date of Arrival

Enter the arrival date associated with the U.S. entry being reported.

Tip: Check the date against the beneficiary’s I-94 and passport rather than relying only on memory.

Item 46.d — Date Authorized Stay Expires

What is this question asking?

USCIS wants the authorized-stay information shown on the beneficiary’s I-94 or I-95.

This may be:

  • a specific expiration date; or
  • D/S

when applicable.

What does “D/S” mean on an I-94?

D/S means “Duration of Status.”

It is not a calendar date.

It generally means that the person’s authorized stay is connected to maintaining the immigration status under which they were admitted, rather than ending on a specific date printed in this field.

Watch out

Do not use the expiration date on the beneficiary’s visa as the answer to Item 46.d merely because that date is easier to find.

A visa expiration date and the authorized-stay information on an I-94 are different things.

Also, do not confuse either of these with an expiration date printed on the government form itself.

Additional Help: Where Can I Find the Beneficiary’s I-94?

Many I-94 records are electronic and can be obtained through U.S. Customs and Border Protection’s I-94 service.

A USCIS approval notice may also contain an I-94 in some situations.

Tip: Keep together:

  • the I-94;
  • the passport used for the relevant entry; and
  • later USCIS notices.

Check the beneficiary’s name and dates before copying numbers from documents issued at different times.

If records conflict or later immigration actions may have changed the beneficiary’s situation, do not use this guide to decide the person’s current immigration status.

Beneficiary’s Passport and Travel Document

Items 47–50 — Passport or Travel Document Information

USCIS asks for:

  • Item 47 — Passport number
  • Item 48 — Travel document number
  • Item 49 — Country that issued the passport or travel document
  • Item 50 — Expiration date

What is a travel document?

A travel document is an official document that may be used for international travel in certain circumstances.

It is not automatically the same thing as a passport.

Watch out

If the beneficiary used a particular passport or travel document to travel to the United States, the I-130 instructions ask for the applicable information from that document even if it has now expired.

Do not automatically replace it with information from a newer passport simply because the new passport is currently valid.

USCIS is asking about the document connected with the relevant travel.

Additional Help: Which Passport Should I Put on Form I-130 if the Beneficiary Has a New Passport?

If the question concerns the document the beneficiary used to travel to the United States, use the information from the applicable passport or travel document used for that travel, as directed by the form instructions.

That may be an expired passport.

The fact that the beneficiary now has a newer passport does not change which document was used for the earlier entry.

Beneficiary’s Current Employment

Items 51–52 — Current Employer

What is this question asking?

USCIS asks about the beneficiary’s current employment.

Provide:

  • the employer’s name;
  • employer address; and
  • date the employment began,

as requested.

Employment outside the United States can also be included when applicable.

What if the beneficiary is unemployed?

If the beneficiary is currently unemployed, the form instructs you to enter:

Unemployed

in Item 51.a.

Watch out

This is different from Part 2.

Part 2 asks for your five-year employment history.

This section asks about the beneficiary’s current employment.

Do not put your own employer here.

Beneficiary’s Immigration Proceedings

Items 53–56 — Has the Beneficiary Ever Been in Immigration Proceedings?

What is this question asking?

USCIS asks whether the beneficiary has ever been in immigration proceedings.

If the answer is yes, the form asks for more information about those proceedings.

This includes:

  • Item 53 — Whether the beneficiary has ever been in immigration proceedings
  • Item 54 — Type of proceedings
  • Items 55.a–55.b — City or town and state
  • Item 56 — Date of the proceedings

What does “immigration proceedings” mean?

Immigration proceedings are formal legal proceedings involving a person’s immigration status or right to enter or remain in the United States.

The choices on Form I-130 include:

  • removal;
  • exclusion/deportation;
  • rescission; and
  • other judicial proceedings.

Some of these terms may be unfamiliar, so let’s explain them.

Additional Help: What Does “Removal” Mean on Form I-130?

Removal proceedings are immigration court proceedings concerning whether a person may remain in the United States or must leave the country.

You may hear people informally call this deportation, although the legal terminology has changed over time.

If the beneficiary has immigration court records, use the actual records to determine what type of proceeding occurred.

What Do “Exclusion” and “Deportation” Mean?

Exclusion and deportation are older immigration-law terms.

They refer to proceedings concerning whether a person could enter or remain in the United States.

If the beneficiary had an older immigration case, these terms may appear on the case documents.

Watch out

Do not select removal or deportation simply because the beneficiary:

  • received a letter from an immigration agency;
  • had a visa denied;
  • attended a USCIS interview; or
  • had an immigration application denied.

Those events do not automatically mean the person was placed in immigration proceedings.

Use the beneficiary’s actual case records.

What Does “Rescission” Mean?

Rescission is a process involving the cancellation or undoing of a previous grant of adjustment to lawful permanent resident status.

This is different from simply having an immigration application denied.

If the beneficiary’s records use this term, review those records carefully before completing the question.

Additional Help: How Do I Know If the Beneficiary Was in Removal or Deportation Proceedings?

Look for immigration records such as:

  • immigration court hearing notices;
  • charging documents;
  • notices to appear;
  • immigration judge orders; or
  • other court or government records describing the proceeding.

Watch out

Do not try to determine the type of proceeding based only on what someone remembers calling it.

A person may say:

“I had an immigration hearing.”

That does not necessarily tell you which type of proceeding occurred.

If you cannot identify the proceeding from the beneficiary’s records, or if there were several different proceedings, consider getting qualified immigration help before answering.

This guide can explain what the I-130 question is asking, but it cannot classify a complicated immigration case or determine how a previous proceeding affects the beneficiary’s eligibility.

Beneficiary’s Name and Address in Their Native Written Language

Items 57–58 — Native-Language Information

This section applies when the beneficiary’s native written language uses an alphabet or writing system other than Roman letters.

What are “Roman letters”?

Roman letters are the alphabet used to write English:

A, B, C, D…

Many languages use a different writing system.

For example, Arabic, Persian, Chinese, Japanese, Korean, and Russian may be written using scripts other than the Roman alphabet.

What is USCIS asking for?

If the beneficiary’s native written language does not use Roman letters, USCIS asks you to write:

  • the beneficiary’s name; and
  • the beneficiary’s foreign address

in the beneficiary’s native written language.

Items 57.a–57.c — Beneficiary’s Name in Native Script

Enter the beneficiary’s name using their native written language.

The form provides separate spaces for the different parts of the name.

Watch out

USCIS is not simply asking you to write the beneficiary’s name again using English letters.

For example, writing an Arabic, Persian, Chinese, or Russian name using English letters is called transliteration.

That is different from writing the name in its native script.

Item 58 — Beneficiary’s Foreign Address in Native Script

Enter the requested foreign address information in the beneficiary’s native written language.

Does this replace the earlier address?

No.

This is additional information.

It does not replace the beneficiary’s physical-address information provided earlier in Part 4.

It also does not replace USCIS requirements concerning English translations of foreign-language supporting documents.

Tip: Ask the beneficiary to review the native-language spelling of both the name and address against their own records. This can help prevent errors that may not be obvious to someone who does not read that language.

Additional Help: What If I Need More Space for the Beneficiary’s Native-Language Information?

You can use Part 9, Additional Information when additional space is needed.

Make sure the additional answer clearly identifies the correct:

  • page number;
  • part number; and
  • item number.

This helps USCIS understand exactly which question the additional information belongs to.

Last Address Where You and Your Spouse Lived Together

Items 59–60 — Your Last Shared Address

This section applies when you are filing Form I-130 for your spouse.

What is this question asking?

USCIS wants the most recent address where you and the beneficiary actually lived together as a married couple.

This address may be:

  • inside the United States; or
  • outside the United States.

The form also asks when you began and stopped living together at that address.

Additional Help: What Does “Last Address Where You Lived Together” Mean on Form I-130?

It means the most recent place where you and your spouse physically lived together.

It is not necessarily:

  • where you got married;
  • where you receive mail;
  • the beneficiary’s current address;
  • your current address; or
  • a place one spouse merely visited.

Example

Suppose you and your spouse lived together in Madrid from June 2023 through January 2025.

You then moved to the United States while your spouse remained in Spain.

The Madrid residence may be the last address where you physically lived together.

What If We Currently Live Together?

If you and your spouse currently live together, your current shared home can be the last address where you lived together.

The word “last” does not mean you must have already moved away from the address.

If you still live there together, make the dates accurately show that the shared residence is ongoing rather than inventing an ending date.

What If We Have Never Lived Together?

The form gives you a specific instruction.

Enter:

Never lived together

in Item 59.a.

Watch out

Do not invent a shared address simply because you are worried that saying you never lived together will look bad.

Answer the question accurately.

Some married couples may have legitimate reasons for living in different places.

Whether visits, temporary stays, or another unusual living arrangement count as living together in a particular immigration case can involve facts beyond what this guide can decide.

Adjustment of Status or Consular Processing

Items 61–62 — Where Will the Beneficiary Apply for Permanent Residence?

This is one of the most important sections of Part 4.

USCIS asks how the beneficiary plans to continue the immigration process if the I-130 petition moves forward.

There are two different paths described here:

Item 61 — Adjustment of status in the United States

or

Item 62 — Immigrant visa processing outside the United States

You generally complete the one that applies, not both.

Let’s explain the difference.

Item 61 — Adjustment of Status in the United States

What is adjustment of status?

Adjustment of status is the process some people use to apply for lawful permanent residence — a Green Card — while they are inside the United States.

The application generally used for adjustment of status is:

Form I-485, Application to Register Permanent Residence or Adjust Status.

What does Item 61 ask for?

If the beneficiary will apply for adjustment of status in the United States, Item 61 asks for the:

  • city or town; and
  • state

of the USCIS office associated with the adjustment-of-status process.

Additional Help: Is Form I-130 the Same as Form I-485?

No.

These forms have different purposes.

Form I-130: Asks USCIS to recognize a qualifying family relationship.

Form I-485: Is an application some people use to apply for lawful permanent residence from inside the United States.

An approved I-130 does not automatically approve a Green Card.

And filing Form I-130 does not automatically file Form I-485.

Additional Help: Can I File Form I-130 and Form I-485 Together?

Sometimes, but not everyone can.

You may hear this called concurrent filing, which means filing Form I-130 and Form I-485 at the same time.

Whether the beneficiary is eligible to file Form I-485 — and whether the two forms can be filed together — depends on separate immigration requirements.

Watch out

Do not assume that a beneficiary can use adjustment of status simply because they are currently inside the United States.

Being physically present in the United States does not by itself mean someone is eligible to file Form I-485.

If you are unsure whether the beneficiary qualifies for adjustment of status, resolve that question before choosing Item 61.

Item 62 — Immigrant Visa Processing Outside the United States

What is this question asking?

Item 62 applies when the beneficiary plans to apply for an immigrant visa outside the United States.

This process is commonly called consular processing.

What is consular processing?

Consular processing is the process of applying for an immigrant visa through a U.S. embassy or consulate outside the United States.

After the required petition and other processing steps, an eligible beneficiary generally attends an immigrant visa interview abroad.

What should you enter?

Item 62 asks for the intended U.S. embassy or consulate location, including the:

  • city or town;
  • province, when applicable; and
  • country.

Watch out

This is not asking where you will mail Form I-130.

It is asking about the intended location for the beneficiary’s immigrant visa processing.

Additional Help: What Is the Difference Between Adjustment of Status and Consular Processing?

The simplest difference is where the beneficiary applies for permanent residence.

Adjustment of status

The beneficiary applies for permanent residence from inside the United States, if eligible.

Form I-485 is generally used for this process.

Consular processing

The beneficiary applies for an immigrant visa outside the United States through a U.S. embassy or consulate.

After receiving the immigrant visa and entering the United States through the appropriate process, the person can become a lawful permanent resident.

Watch out

Where the beneficiary happens to be today does not always tell you which process is legally available.

Eligibility depends on the person’s immigration circumstances.

This guide explains the two choices on Form I-130. It does not determine which process a particular beneficiary qualifies to use.

Should I Complete Both Item 61 and Item 62?

No.

The Form I-130 instructions direct you to complete one and only one of these processing choices.

Do not complete both.

And do not simply leave both blank because you are unsure.

If you do not know whether the beneficiary will use adjustment of status or consular processing, that uncertainty should be resolved before selecting the processing route.

Additional Help: Which U.S. Embassy or Consulate Should I Put on Form I-130?

If you select consular processing, enter the U.S. embassy or consulate where the beneficiary intends to apply for the immigrant visa.

However, choosing a particular embassy or consulate on Form I-130 does not guarantee that the case will ultimately be processed there.

The I-130 instructions specifically warn that selecting an embassy or consulate outside the country of the beneficiary’s last residence does not guarantee that the post will accept the case.

Watch out

The location you enter is not:

  • an appointment reservation;
  • a guarantee that the embassy will accept the case; or
  • the mailing address for Form I-130.

It tells USCIS the intended immigrant-visa processing location.

Before Moving to Part 5

You have now completed Part 4: Information About the Beneficiary.

This was a long section, so it is worth checking it carefully before moving on.

Make sure you have reviewed the beneficiary’s:

  • identification numbers;
  • current and previous names;
  • birth information;
  • previous petitions filed by someone else;
  • current physical address;
  • intended U.S. address;
  • foreign address;
  • contact information;
  • marriage history;
  • spouse and children;
  • history of being in the United States;
  • I-94 and U.S. entry information;
  • passport or travel document;
  • current employment;
  • immigration proceedings;
  • native-language name and address, when applicable;
  • last shared address with you, if this is a spouse petition; and
  • intended permanent-residence process under Item 61 or Item 62.

One final check: Item 61 or Item 62

Before leaving Part 4, look at this section one more time.

Item 61 = Adjustment of status inside the United States

Item 62 = Immigrant visa / consular processing outside the United States

Complete the choice that applies.

If you are unsure which immigration process the beneficiary is eligible to use, do not guess simply to finish the form.

Part 5: Previous Petitions and Other Relatives You Are Filing For

Part 5 is about you, the petitioner.

USCIS wants to know:

  1. whether you have filed immigration petitions for anyone before; and
  2. whether you are filing separate petitions for other relatives at the same time.

Remember, this is different from the earlier question in Part 4 about whether someone else previously filed a petition for the beneficiary.

Previous Petitions You Have Filed

Item 1 — Have You Ever Previously Filed a Petition for This Beneficiary or Any Other Person?

What is this question asking?

USCIS wants to know whether you have ever filed an immigration petition for another person before.

This includes:

  • the beneficiary of this Form I-130; or
  • any other person.

The word “ever” is important.

USCIS is not asking only about recent petitions or petitions that were approved.

Example

Suppose you are now filing Form I-130 for your spouse.

Several years ago, you filed an immigration petition for a different relative.

That previous petition may need to be reported here because USCIS is asking whether you have ever filed for this beneficiary or any other person.

Watch out

Do not answer No simply because:

  • the earlier petition was denied;
  • you withdrew it;
  • the case is no longer active; or
  • it involved someone other than the beneficiary on this I-130.

The question asks about your previous petition history.

Additional Help: Is This the Same as the Previous-Petition Question in Part 4?

No.

These two questions are easy to confuse.

Part 4, Item 10: Asks whether someone other than you previously filed a petition for the beneficiary.

Part 5: Asks whether you previously filed a petition for this beneficiary or anyone else.

Example

Suppose you are filing for your husband.

His former spouse previously filed an immigration petition for him.

That may be relevant to the question in Part 4 because someone else filed for the beneficiary.

Now suppose you previously filed a petition for your mother.

That may be relevant to Part 5 because you previously filed a petition for another person.

Tip: Think of the difference this way:

Part 4 = the beneficiary’s previous petition history.

Part 5 = your previous petition-filing history.

Information About Your Previous Petition

If you answered Yes, USCIS asks for more information about the earlier petition.

Provide the information requested by the form, including:

  • the previous beneficiary’s name;
  • where the petition was filed;
  • the date it was filed; and
  • the result of the petition.

The form gives examples of results such as:

  • Approved
  • Denied
  • Withdrawn

Use the actual result of the previous case.

Additional Help: What If My Previous I-130 Was Denied or Withdrawn?

You should still report the previous petition when the question requires it.

A previous petition does not disappear from your filing history because it was:

  • denied; or
  • withdrawn.

Enter the actual result.

Watch out

Do not change or omit the result because you think one answer will look better to USCIS.

The purpose of this section is to provide accurate information about your previous filing history.

What If the Previous Petition Is Still Pending?

If the previous petition has not received a final decision, do not invent one.

Describe the actual current result or status as accurately as the form allows.

For example, do not select Approved or Denied simply because the form gives those as examples if neither has happened.

Use Part 9, Additional Information if you need more space to explain the situation.

Additional Help: What If I Don’t Remember the Exact Date of an Old Petition?

First, look for records such as:

  • a copy of the previous petition;
  • USCIS receipt notices;
  • approval or denial notices;
  • correspondence from USCIS; or
  • records from an attorney or representative who helped with the filing.

If you still cannot determine the exact filing date, follow the Form I-130 instructions for an approximate date and explain it in Part 9, Additional Information, as appropriate.

Watch out

Do not invent an exact date simply to fill the box.

Additional Help: What Is a USCIS Receipt Number?

A receipt number identifies a particular USCIS case or filing.

It is different from:

  • an A-Number;
  • a USCIS Online Account Number; and
  • the name or number of the form that was filed.

For example:

Form I-130 tells you what type of petition was filed.

A receipt number identifies the particular case USCIS created after receiving the filing.

Tip

When reviewing an old immigration case, keep these pieces of information separate:

Form filed → Receipt number → Beneficiary → Filing date → Result

This can help prevent information from different cases from getting mixed together.

What If I Am Not Sure What Type of Immigration Case I Filed Before?

Do not rely only on a family member’s memory or an informal description such as:

“We filed for a Green Card.”

Several different immigration forms can be part of a Green Card process.

For example, a:

  • petition;
  • visa application; and
  • application for adjustment of status

are different documents.

Look at the old filing or USCIS notices to identify what was actually filed.

If you cannot determine what the previous case was from the available records, get clarification before guessing.

Other Relatives You Are Filing For at the Same Time

Items 6–9 — Are You Submitting Separate Petitions for Other Relatives?

This section asks whether you are also submitting separate immigration petitions for other relatives.

What is this question asking?

If you are filing separate petitions for other relatives at the same time, USCIS asks you to identify them.

For the first additional relative, the form asks for:

  • the person’s name; and
  • their relationship to you.

The form provides another set of fields for a second relative.

If you need additional space, continue in Part 9, Additional Information.

Example: Filing I-130 Petitions for More Than One Relative

Suppose you are eligible to file separate I-130 petitions for your mother and your father at the same time.

Each relative has a separate petition.

On your mother’s I-130, this section can identify the other relative for whom you are also filing, as requested.

Likewise, the separate petition for your father is its own filing.

Additional Help: Does Listing Another Relative Here File an I-130 for Them?

No.

Simply writing another relative’s name in Part 5 does not create a separate I-130 petition for that person.

This section tells USCIS about other petitions you are submitting.

A separate petition must still be properly prepared and filed when one is required.

Watch out

Do not confuse this section with the beneficiary’s family list in Part 4.

Part 4: Asked about the beneficiary’s spouse and children.

Part 5: Asks about other relatives for whom you are filing separate petitions.

These are different questions.

Before Moving to Part 6

You have now completed Part 5: Previous and Other Petitions.

Before continuing, check:

  • Have you ever previously filed a petition for this beneficiary or anyone else?
  • If yes, did you provide the previous beneficiary’s information?
  • Did you identify where and when the petition was filed?
  • Did you give the actual result or current status?
  • Are you submitting separate petitions for other relatives at the same time?
  • If so, did you identify those relatives as requested?

One last check

Remember the distinction:

Part 4 asked about petitions someone else filed for the beneficiary.

Part 5 asks about petitions you previously filed.

That small difference changes whose immigration history USCIS is asking about.

Part 6 returns completely to you, the petitioner.

It asks about how you completed the petition, your contact information, your declaration and certification, and your signature.

Part 6: Petitioner’s Statement, Contact Information, Declaration, Certification, and Signature

Part 6 returns to you, the petitioner.

USCIS wants to know:

  • whether you read and understood the petition yourself;
  • whether an interpreter helped you;
  • whether someone prepared the petition for you;
  • how USCIS can contact you; and
  • whether you certify that the information you are submitting is true and correct.

This is also where you sign Form I-130.

Take your time with this section. Your signature means that you are making important statements to USCIS about the petition and the information submitted with it.

Petitioner’s Statement

Item 1 — Did You Read and Understand the Petition Yourself?

What is this question asking?

USCIS wants to know how you understood the questions and answers on Form I-130.

If you can read and understand English and you read and understood the petition yourself, select the statement that says so.

If an interpreter read the petition to you in another language, select the statement for using an interpreter.

Additional Help: What If I Don’t Understand English Well Enough to Read Form I-130?

You can use an interpreter.

An interpreter is a person who translates spoken or written information from one language into another language that you understand.

If an interpreter read the petition to you, Item 1.b asks you to identify the language used.

The interpreter will also need to complete Part 7: Interpreter’s Contact Information, Certification, and Signature.

Example

Suppose the petition is in English, but you understand Spanish better.

An interpreter reads and explains the petition to you in Spanish so that you understand the questions and your answers.

You would select the statement showing that you used an interpreter and identify:

Spanish

as the language.

Watch out

Do not select the statement saying you read and understood the petition in English if someone actually interpreted it for you because you could not understand it yourself.

Answer based on what actually happened.

Did Someone Prepare Form I-130 for You?

Item 2 — Did You Use a Preparer?

What is a preparer?

A preparer is someone who completed or helped prepare Form I-130 for you at your request.

If another person prepared the petition, that person is identified here and completes Part 8: Contact Information, Declaration, and Signature of the Person Preparing this Petition, if Other Than the Petitioner.

Is a preparer the same as an interpreter?

Not necessarily.

They perform different jobs.

Interpreter: Helps you understand the form in a language you understand.

Preparer: Helps complete or prepare the form for you.

The same person can sometimes do both.

If one person served as both your interpreter and preparer, the appropriate information must be completed in both Part 7 and Part 8.

Watch out

Do not assume that completing the preparer section means you no longer need to sign the petition.

You are still the petitioner, and your signature is still required.

Your Contact Information

USCIS next asks how it can contact you.

Daytime Telephone Number

Enter your daytime telephone number.

Use a number where you can reasonably be contacted.

Mobile Telephone Number

Enter your mobile telephone number, if you have one.

Email Address

Enter your email address, if you have one.

Watch out

These are your contact details — the petitioner’s.

Earlier in Part 4, the form asked for the beneficiary’s contact information.

Do not accidentally copy the beneficiary’s telephone number or email address into your section unless it genuinely is also your contact information.

Petitioner’s Declaration and Certification

Before signing, read the Petitioner’s Declaration and Certification carefully.

What does “declaration and certification” mean?

In simple terms, USCIS is asking you to formally confirm that you understand what you are submitting and that the information you provided is accurate.

By signing, you are making important statements about the petition and the supporting material submitted with it.

Your original draft correctly notes that the certification addresses whether you provided or authorized the information, reviewed and understood the petition and supporting materials, and whether the information is complete, true and correct. It also includes statements concerning document copies, verification and possible biometrics.

What should you do before signing?

Review:

  • every page of the petition;
  • the information about you;
  • the information about the beneficiary;
  • any answers continued in Part 9;
  • supporting documents; and
  • information entered by an interpreter or preparer.

Do not sign simply because someone else prepared the form for you.

Make sure you understand what is being submitted in your name.

Additional Help: Am I Responsible for the I-130 if Someone Else Prepared It?

Your signature is your certification as the petitioner.

Having another person type, prepare, or help complete Form I-130 does not replace your responsibility to review the petition before you sign it.

Example

Suppose an attorney, immigration professional, friend, or family member enters the information into the form for you.

Before signing, review the completed petition and make sure the answers accurately reflect the information you provided or authorized.

Watch out: Never sign a petition containing information you know is incorrect simply because someone else prepared it.

Petitioner’s Signature

Item 6.a — Your Signature

For the paper Form I-130, sign the petition in the signature space provided.

The instructions require the petitioner’s signature.

Can I Type My Name Instead of Signing Form I-130?

For a paper filing, the instructions do not accept a stamped or typewritten name in place of the required signature.

The original draft also notes that the instructions permit a photocopy, fax, or scan of a document bearing an original handwritten signature.

Online filing uses its own electronic-signature process.

Watch out

Do not confuse:

typing your name onto a paper form

with

using USCIS’s electronic-signature process when filing online.

They are not the same thing.

Item 6.b — Date of Signature

Enter the date you sign the petition.

Use the date format requested by the form.

Watch out

Review the petition before signing and dating it.

If significant information changes before you actually submit the petition, review the completed form again rather than assuming the previously signed version is still correct.

Can Someone Else Sign Form I-130 for the Petitioner?

Usually, you — the petitioner — sign your petition.

However, the I-130 instructions contain limited rules allowing someone else to sign in certain situations.

Your source draft specifically identifies rules concerning:

  • a petitioner who is under 14 years old; and
  • a legal guardian of a mentally incompetent person. Pasted text.txtTXT

These are special situations.

Watch out

A family member, friend, interpreter, or preparer does not automatically have authority to sign for you simply because they helped complete the form.

Helping someone fill out a form and having legal authority to sign for that person are different things.

Additional Help: Does the Beneficiary Sign Form I-130?

Part 6 is the petitioner’s signature section.

The person filing Form I-130 is responsible for signing the petition as required.

If you are filing for a spouse, remember that Form I-130A has separate requirements concerning the spouse beneficiary. We address the I-130A supporting-document requirement later in this guide.

Do not assume that a signature requested on another immigration form replaces the petitioner’s required signature on Form I-130.

Before You Sign Form I-130

This is a good place to stop and review the entire petition.

Ask yourself:

Did I answer every question that applies to me?

Did I keep the petitioner’s information and beneficiary’s information separate?

Did I review names, dates, addresses, and identification numbers against my records?

Did I include additional answers in Part 9 where necessary?

If I used an interpreter, is Part 7 complete?

If someone prepared the petition for me, is Part 8 complete?

Did I review the supporting documents being submitted with the petition?

Then read the declaration and certification before signing.

Tip: Keep a Complete Copy of What You Submit

Before sending the petition to USCIS, keep a complete copy for your records.

Include copies of:

  • the completed Form I-130;
  • Part 9 or additional sheets;
  • supporting documents;
  • translations;
  • signatures;
  • any related forms submitted with the petition; and
  • the filing or online-submission confirmation.

When USCIS sends a receipt notice, keep that with your copy of the filing.

This can be very helpful later if you need to check exactly what information was submitted.

Before Moving to Part 7

You have now completed Part 6: Petitioner’s Statement, Contact Information, Declaration, Certification, and Signature.

Before continuing, check that:

  • you correctly stated whether you read and understood the petition yourself or used an interpreter;
  • you identified a preparer if someone prepared the petition for you;
  • your telephone numbers and email address are correct;
  • you read the petitioner’s declaration and certification;
  • you signed the petition as required; and
  • you dated your signature.

Part 7 is only for an interpreter, if one was used.

If an interpreter helped you understand Form I-130 in another language, that person provides their information, certification, and signature in Part 7.

Part 7: Interpreter’s Contact Information, Certification, and Signature

Part 7 is for the interpreter, if you used one to help you understand Form I-130.

If you did not use an interpreter, this section generally does not apply to you.

What is an interpreter?

An interpreter is a person who helped you understand the questions and answers on Form I-130 in a language you understand.

For example, if you do not understand English well enough to read the form comfortably, an interpreter may read and explain the form to you in your preferred language.

The interpreter then completes and signs Part 7.

Additional Help: Who Counts as an Interpreter on Form I-130?

An interpreter is the person who interpreted the petition for you, the petitioner.

This is important because an interpreter is not necessarily the same person as:

  • the person who prepared the form;
  • an attorney or accredited representative; or
  • someone who translated a foreign-language supporting document.

Example

Suppose your daughter reads the English questions on Form I-130 to you in Spanish and interprets your answers so you understand the completed petition.

For purposes of the form, she served as your interpreter, even if she is not a professional interpreter.

If she also helped prepare the petition, she may have another role as well.

Interpreter’s Name and Address

The interpreter provides their identifying information, including:

  • family name;
  • given name;
  • business or organization name, if any; and
  • mailing address.

What if the interpreter does not work for a company?

If there is no business or organization involved, do not invent one simply because the form provides a space for it.

Follow the form’s instructions for fields that do not apply.

Interpreter’s Contact Information

The interpreter provides their:

  • daytime telephone number;
  • mobile telephone number, if any; and
  • email address, if any.

Watch out

These are the interpreter’s contact details.

Do not copy your own telephone number or email address into these fields simply because you are the petitioner.

Part 6 already asked for your contact information.

Language Used by the Interpreter

The interpreter identifies the language used to interpret Form I-130 for you.

This should match the language identified in Part 6, Item 1.b.

Example

If Part 6 says that the petition was interpreted for you in:

Farsi

the interpreter’s certification should also identify the appropriate language as Farsi.

Watch out

Check that the language information is consistent in both sections before submitting the petition.

Interpreter’s Certification

The interpreter must read the certification in Part 7.

What is the interpreter certifying?

In simple terms, the interpreter is confirming that they:

  • are fluent in English and the language used to interpret the petition; and
  • interpreted the questions, instructions, and your answers as described in the certification.

The exact certification appears on Form I-130 and should be read before the interpreter signs.

Additional Help: Does the Interpreter Have to Sign Form I-130?

Yes. If an interpreter was used, the interpreter must complete the applicable interpreter section and sign and date their own certification.

The interpreter’s signature is separate from your signature as the petitioner.

Watch out

The interpreter signing Part 7 does not replace your signature in Part 6.

You and the interpreter are signing for different reasons:

You, the petitioner: Sign the petition and make the petitioner’s declaration and certification.

Interpreter: Signs the interpreter’s certification concerning the interpretation provided to you.

Is an Interpreter the Same as a Preparer?

No. These are two different roles.

Interpreter: Helps you understand Form I-130 in a language you understand.

Preparer: Helps prepare or complete Form I-130 for you.

One person can sometimes perform both roles.

Example

Suppose a friend translates the questions into Spanish for you and enters your answers into the form for you.

That person may have acted as both:

  • your interpreter; and
  • your preparer.

When one person performs both roles, both applicable sections need to be completed.

Watch out: Do not assume that completing Part 7 automatically takes care of Part 8.

Additional Help: Is the Person Who Translated My Birth Certificate My I-130 Interpreter?

Not necessarily.

This is an important distinction.

A person who translates a supporting document is performing a document-translation role.

The interpreter in Part 7 is the person who interpreted Form I-130 for you so that you could understand the petition.

These may be the same person, but they do not have to be.

Example

A professional translator translates a foreign birth certificate into English.

Your sister separately helps you understand Form I-130 in your native language.

In that situation, your sister may be the interpreter for Part 7 even though someone else translated the birth certificate.

We explain the requirements for translations of foreign-language supporting documents later in the Organizing Supporting Documents section.

Interpreter’s Signature and Date

After reading the certification, the interpreter signs and dates Part 7.

The interpreter should review their:

  • name;
  • address;
  • contact information;
  • language; and
  • certification

before signing.

Watch out

Do not sign the interpreter’s section for the interpreter.

The interpreter signs their own certification.

Before Moving to Part 8

You have now completed Part 7: Interpreter’s Contact Information, Certification, and Signature, if an interpreter was used.

Before continuing, check that:

  • the interpreter’s name is correct;
  • the interpreter’s address and contact information are correct;
  • the language matches the language identified in Part 6;
  • the interpreter read the certification; and
  • the interpreter signed and dated Part 7.

If the same person also prepared Form I-130 for you, that person may also need to complete Part 8.

Part 8 is about the preparer — the person who prepared the petition for you, if that person was someone other than you.

Part 8: Information About the Person Who Prepared Form I-130

Part 8 is for the preparer, if someone other than you prepared or helped prepare Form I-130 for you.

If you completed Form I-130 entirely by yourself and no one else prepared it for you, this section generally does not apply.

What is a preparer?

A preparer is a person who completed or helped prepare Form I-130 for you at your request.

A preparer might be:

  • an attorney;
  • an accredited representative;
  • another immigration professional; or
  • another person who helped complete the petition for you.

The preparer provides their own information and signs their own certification in Part 8.

Additional Help: Who Is Considered a Preparer on Form I-130?

Think about what the person actually did.

If someone helped prepare or complete the petition for you, that person may be a preparer.

Example

Suppose you give another person your information and that person enters your answers into Form I-130 for you.

That person helped prepare the petition.

Part 8 is where the preparer provides the information USCIS requests.

Watch out

A preparer is not automatically the same thing as an interpreter.

Interpreter: Helps you understand the form in a language you understand.

Preparer: Helps prepare or complete the form.

One person can perform both jobs, but the roles are different.

Preparer’s Name and Address

The preparer enters the information requested about themselves, including:

  • family name;
  • given name;
  • business or organization name, if any; and
  • mailing address.

What if the preparer does not work for a company?

If the preparer does not have a business or organization, do not invent one simply because the form has a space for it.

Follow the form’s instructions for fields that do not apply.

Preparer’s Contact Information

The preparer provides their:

  • daytime telephone number;
  • mobile telephone number, if any; and
  • email address, if any.

These fields continue onto page 11 of the paper Form I-130.

Watch out

These are the preparer’s contact details.

Do not enter:

  • your contact information as the petitioner; or
  • the beneficiary’s contact information

unless it genuinely is also the preparer’s contact information.

Each person’s information belongs in their own section.

Is the Preparer an Attorney or Accredited Representative?

The preparer next identifies whether they are:

  • not an attorney or accredited representative; or
  • an attorney or accredited representative.

What is an accredited representative?

An accredited representative is a person authorized through the Department of Justice’s Recognition and Accreditation Program to provide certain immigration legal services through a recognized organization.

This is different from simply being a friend, family member, translator, or general document preparer.

Watch out

Do not assume that anyone who helps with an immigration form is automatically an attorney or accredited representative.

The preparer should select the description that accurately applies to them.

Additional Help: What Is Form G-28?

If an attorney or accredited representative is representing you before USCIS, Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, may be required.

In simple terms, Form G-28 tells USCIS that an attorney or accredited representative is formally appearing in your immigration matter.

Is Part 8 the same as Form G-28?

No.

Completing Part 8 tells USCIS who prepared Form I-130.

It does not replace Form G-28 when a G-28 is required for representation.

These forms serve different purposes.

Does the Attorney or Representative Represent You Beyond Preparing the Form?

The form also asks an attorney or accredited representative whether their representation goes beyond simply preparing Form I-130.

What does that mean?

Someone may help prepare a form without representing the petitioner throughout the immigration matter.

An attorney or accredited representative who is formally representing you may have a broader role.

The preparer should answer this question based on the actual representation arrangement.

Watch out

Do not assume that paying someone to prepare paperwork automatically means that person represents you before USCIS.

Preparation and formal legal representation are different roles.

Preparer’s Certification

The preparer must read the certification in Part 8 before signing.

What is the preparer certifying?

In simple terms, the preparer is confirming that:

  • they prepared the petition at your request;
  • they used information you provided or authorized; and
  • you reviewed and understood the petition as described in the certification.

The preparer should read the actual certification printed on Form I-130 before signing it.

Additional Help: If a Preparer Signs Form I-130, Do I Still Have to Sign It?

Yes.

The preparer’s signature does not replace your signature as the petitioner.

You and the preparer sign for different reasons.

You, the petitioner: Sign your declaration and certification in Part 6.

The preparer: Signs the preparer’s certification in Part 8.

Watch out

Do not submit the petition without your required petitioner signature simply because an attorney or other preparer signed Part 8.

Preparer’s Signature and Date

After reviewing the completed section and reading the certification, the preparer signs and dates Part 8.

The preparer should check their:

  • name;
  • business or organization, if applicable;
  • address;
  • contact information;
  • attorney or accredited-representative status, if applicable; and
  • certification

before signing.

What If the Same Person Was Both My Interpreter and Preparer?

That can happen.

For example, suppose a person:

  1. interpreted Form I-130 into a language you understand; and
  2. entered your answers into the petition for you.

That person may have performed both roles.

In that situation:

Part 7 covers the person’s role as your interpreter.

Part 8 covers the person’s role as your preparer.

Completing one section does not automatically replace the other.

Tip: Check All Three Signature Roles Separately

Before submitting Form I-130, think of the signatures as three separate roles:

Petitioner — Part 6

This is you. Your required signature belongs here.

Interpreter — Part 7

This person signs if an interpreter was used.

Preparer — Part 8

This person signs if someone other than you prepared the petition for you.

One person may sometimes have more than one role, but each applicable section should still be reviewed separately.

This distinction is particularly important in your original draft, which specifically warns against assuming that one signature covers multiple roles. Pasted text.txtTXT

Before Moving to Part 9

You have now completed Part 8: Information About the Person Who Prepared Form I-130, if a preparer was used.

Before continuing, check that:

  • the preparer’s name is correct;
  • the preparer’s business or organization is identified, if applicable;
  • the address and contact information are correct;
  • the preparer correctly identified whether they are an attorney or accredited representative;
  • Form G-28 is handled separately if required;
  • the preparer read the certification; and
  • the preparer signed and dated Part 8.

Also check that your own signature in Part 6 is complete.

Part 9 is different from the previous sections.

Part 9: Additional Information gives you extra space when an answer does not fit in the space provided elsewhere on Form I-130.

It is especially useful for things like:

It is especially useful for things like:

  • additional addresses;
  • additional previous spouses;
  • additional employment history;
  • additional previous petitions; or
  • explanations that require more space.

Part 9: Additional Information

Part 9 gives you extra space when you cannot fit your complete answer in the space provided elsewhere on Form I-130.

You may need Part 9 for things such as:

  • additional addresses;
  • additional previous spouses;
  • additional employment history;
  • additional names you have used;
  • additional previous petitions;
  • additional family members; or
  • an explanation that does not fit in the original answer space.

The most important thing is to make it clear which question your additional information belongs to.

When Should I Use Part 9 of Form I-130?

Use Part 9 when you need more room to completely answer a question elsewhere on the form.

Example

Suppose Part 2 asks for your five-year address history, but you have lived at more addresses than the form has space to list.

Do not leave out an address simply because you ran out of room.

Continue your address history in Part 9.

The same idea applies if you need more space for previous spouses, employment history, previous petitions, or another answer.

Watch out

Part 9 is not a place for unrelated information.

Use it to continue or explain an answer to a specific question on Form I-130.

Your Name and A-Number at the Top of Part 9

Part 9 first asks for identifying information so USCIS can connect the additional information to you and your petition.

Enter the petitioner’s:

  • family name;
  • given name;
  • middle name, if applicable; and
  • A-Number, if any.

Remember, you are the petitioner.

Watch out

If the additional answer is about the beneficiary, make that clear in your answer.

For example, if you are continuing the beneficiary’s previous marriage history, clearly identify the information as being about the beneficiary.

Do not assume USCIS will know whose information you mean simply from the names or dates in your answer.

How to Connect Additional Information to the Correct Question

Each additional-information block asks you to identify:

  • Page Number
  • Part Number
  • Item Number

Then you provide your additional answer.

Why are these numbers important?

They tell USCIS:

“This additional information belongs to this particular question.”

Without those references, USCIS may not know which question you are answering.

Example: Adding Another Address in Part 9

Suppose you need to provide another address for your five-year address history.

First, look at the actual Form I-130 and identify the:

  • page number;
  • part number; and
  • item number

for the address-history question you are continuing.

Enter those numbers in Part 9.

Then provide the additional address and dates.

Watch out

Use the page, part, and item numbers printed on Form I-130.

Do not use the headings or section numbers from this FormExplainer guide.

For example, a heading on this website such as:

“Your Five-Year Address History”

helps explain the form, but that is not the item number USCIS wants in Part 9.

Use the numbers printed on the actual USCIS form.

Additional Help: How Do I Fill Out Part 9 of Form I-130?

A simple way to think about each Part 9 entry is:

Where does this answer belong?

Then identify:

Page → Part → Item

Finally, write the additional information.

Example

Your entry might be organized like this:

Page Number: [page from Form I-130]
Part Number: 2
Item Number: [address-history item]

Then provide the additional address and the dates you lived there.

Use the page and item numbers from the edition of Form I-130 you are actually completing.

What If I Need More Space Than Part 9 Provides?

If you need more room, you can:

  • make additional copies of Part 9; or
  • attach separate sheets of paper.

If you use a separate sheet, include:

  • your name;
  • your A-Number, if you have one;
  • the page number, part number, and item number for the question you are continuing; and
  • your signature and the date.

Watch out

Do not attach an unlabeled page of additional information.

Make sure USCIS can easily tell who the information belongs to and which Form I-130 question it answers.

Additional Help: Do I Need to Sign Additional Sheets for Form I-130?

Yes. If you use separate additional sheets, follow the USCIS instructions for signing and dating each sheet.

This is easy to overlook.

Before submitting your petition, check every additional sheet to make sure it:

  • identifies you;
  • identifies the question it continues;
  • contains the complete additional answer; and
  • is signed and dated as required.

Can I Use Part 9 to Explain an Approximate Date?

Yes.

Earlier in this guide, we discussed situations where you may not know an exact date.

The Form I-130 instructions allow an approximate date in the requested date format with an explanation in Part 9.

Example

Suppose you know that you moved to an address in approximately June 2021, but after checking your records you still cannot determine the exact day.

Do not simply invent a day.

Provide the approximate date as permitted by the instructions and use Part 9 to explain that the date is approximate.

Watch out

An approximate date should be identified as approximate.

Do not present a guessed date as if you know it is exact.

Can I Use Part 9 for More Previous Spouses?

Yes.

If the form does not provide enough room for all of the spouse information you need to report, continue the information in Part 9.

Make clear:

  • whether the spouse belongs to the petitioner’s or beneficiary’s marital history;
  • the person’s name;
  • the information requested by the original question; and
  • the correct page, part, and item number.

Watch out

Both the petitioner and beneficiary have marital-history questions.

Simply writing another person’s name in Part 9 may not make clear whose previous spouse that person was.

Label the information clearly.

Can I Use Part 9 for More Employment History?

Yes.

If you need additional space to complete the required employment history, use Part 9.

Include the information requested by the original employment question and identify the correct page, part, and item number.

Remember that the form asks for different employment information about different people:

Part 2: Your employment history as the petitioner.

Part 4: The beneficiary’s current employment.

Make clear which person’s employment information you are continuing.

Can I Use Part 9 for Additional Addresses?

Yes.

If the printed form does not have enough room for the required address history, continue it in Part 9.

Do not shorten the required history simply because the paper form runs out of address blocks.

Include the requested:

  • address;
  • beginning date; and
  • ending date,

as applicable.

Then check the complete timeline for missing periods.

Can I Use Part 9 for Additional Previous Petitions?

Yes.

If you need more room to report previous petitions, Part 9 can be used to continue the information.

Make clear which earlier petition you are describing and provide the information requested by the original question.

Remember the distinction:

Part 4: Previous petitions filed for the beneficiary by someone other than you.

Part 5: Previous petitions you filed for this beneficiary or another person.

That distinction should remain clear when you continue an answer in Part 9.

Tip: Keep a Part 9 Checklist While Completing Form I-130

Every time you reach a question and think:

“I need more space for this,”

make a note.

For example:

  • Additional address → Part 9
  • Third previous spouse → Part 9
  • Additional employer → Part 9
  • Additional previous petition → Part 9
  • Approximate date explanation → Part 9

Then, before submitting Form I-130, go back through your notes and make sure every item you intended to continue in Part 9 actually appears there.

This can prevent an answer from accidentally being left incomplete.

Before You Finish Part 9

Check every Part 9 entry one at a time.

For each entry, ask:

Did I identify the correct page number?

Did I identify the correct part number?

Did I identify the correct item number?

Is it clear whether the information is about me or the beneficiary?

Did I provide the complete additional answer?

If you used separate sheets:

Did I put my identifying information on each sheet as required?

Did I identify the page, part, and item being continued?

Did I sign and date each sheet as required?

You Have Finished the Numbered Parts of Form I-130

Part 9 is the final numbered part of the 12-page Form I-130 covered by this guide.

But do not submit the petition yet.

Completing the questions is only one part of preparing an I-130 filing.

You still need to make sure you have the supporting documents and evidence required for your particular family relationship.

Depending on your situation, this may include documents showing:

  • your U.S. citizenship or permanent resident status;
  • the family relationship;
  • marriages and the termination of previous marriages;
  • legal name changes; and
  • other required evidence.

If you are filing for your spouse, there are additional requirements, including Form I-130A.

The next section explains how to organize and check your supporting documents before you file.

Organizing Your Form I-130 Supporting Documents

Finishing the questions on Form I-130 is only part of preparing your petition.

You also need to provide the supporting documents USCIS requires for your situation.

These documents help show:

  1. who you are and your U.S. citizenship or permanent resident status; and
  2. the family relationship between you and the beneficiary.

The documents you need depend on who you are filing for and the facts of your case.

Use the current USCIS Form I-130 instructions and filing information to confirm exactly what is required before you submit your petition.

Additional Help: What Documents Do I Need for Form I-130?

There is not one document list that applies to every I-130 petition.

The supporting documents depend on the relationship between you and the beneficiary.

For example, a petition for a spouse may require different evidence from a petition for a parent, child, or brother or sister.

However, most I-130 filings involve two basic types of evidence:

Evidence of your status

and

Evidence of your family relationship

Let’s look at each one.

Evidence of Your U.S. Citizenship or Permanent Resident Status

USCIS needs evidence showing that you, the petitioner, have the status that allows you to file the petition.

The documents you use will depend on whether you are:

  • a U.S. citizen; or
  • a lawful permanent resident.

The Form I-130 instructions list the types of documents USCIS accepts for this purpose.

If you are a lawful permanent resident

Your Permanent Resident Card — commonly called a Green Card — may be used as evidence of your permanent resident status.

When submitting a Permanent Resident Card, the instructions call for copies of both the front and back.

If your Green Card has not yet arrived, review the current I-130 instructions for the other evidence USCIS accepts to show permanent resident status.

Watch out

Do not assume that completing the questions about your citizenship or permanent residence on Form I-130 replaces the supporting evidence.

Answering the question and providing evidence are two separate things.

Evidence of Your Family Relationship

You also need documents showing the family relationship between you and the beneficiary.

Depending on the relationship, these may include documents such as:

  • birth certificates;
  • marriage certificates;
  • adoption records;
  • documents showing how previous marriages ended; and
  • other civil records.

The exact documents depend on the relationship you are asking USCIS to recognize.

Additional Help: What Documents Do I Need for an I-130 for My Spouse?

Preparing a spouse petition? Our focused answer, What documents do I need to file I-130 for my spouse?, explains what each record proves, the photo and I-130A exceptions, and how to handle missing or inconsistent documents.

A spouse petition generally requires evidence related to the marriage.

Depending on the circumstances, this can include:

  • the marriage certificate;
  • documents showing that previous marriages legally ended;
  • required photographs;
  • Form I-130A; and
  • evidence showing an ongoing marital relationship.

The I-130 instructions give examples of evidence that may help show an ongoing marital union, including:

  • joint ownership of property;
  • a lease showing a shared residence;
  • combined financial resources;
  • birth certificates of children born to the marriage; and
  • qualifying affidavits from people with personal knowledge of the relationship.

What is USCIS trying to establish?

USCIS is not only looking for proof that a marriage ceremony occurred.

For a spouse petition, USCIS also considers whether the marriage is a bona fide marriage.

In simple terms, bona fide means a real marriage entered into as a genuine marital relationship, rather than a marriage entered into only to obtain an immigration benefit.

Watch out

There is no single document on this list that automatically proves every marriage is bona fide.

The appropriate evidence depends on the couple and their circumstances.

This guide can help you understand the types of evidence described in the I-130 instructions, but it cannot determine whether a particular set of documents is sufficient for an individual case.

Form I-130A for a Spouse

If you are filing Form I-130 for your spouse, you also generally need:

Form I-130A, Supplemental Information for Spouse Beneficiary

Form I-130A provides additional information about the spouse beneficiary.

Additional Help: Do I Need Form I-130A If My Spouse Lives Outside the United States?

Yes.

The I-130 instructions require Form I-130A for a spouse beneficiary even when the spouse lives outside the United States.

However, there is an important difference:

If the spouse beneficiary lives overseas, the instructions state that the spouse does not have to sign Form I-130A, although the completed I-130A still must be submitted.

Watch out

Do not confuse the overseas spouse’s I-130A signature exception with your own signature requirement on Form I-130.

You, the petitioner, still need to sign Form I-130 as required.

Supporting Documents for a Parent, Child, or Brother or Sister

Different family relationships require different evidence.

For example:

Parent or child

Birth records may help establish the parent-child relationship.

Step-relationships or adoption may require additional records.

Brother or sister

USCIS may require birth records showing the family connection through a common parent.

Stepchild or stepparent

Marriage and birth records may be important in showing how and when the step-relationship was created.

Adopted child or adoptive parent

Adoption records and other evidence may be required.

Watch out

Do not use a spouse-petition checklist for every type of I-130.

The evidence required for a sibling petition can be different from the evidence required for a spouse, parent, child, stepchild, or adopted relative.

Use the requirements for your actual family relationship.

Documents Showing a Previous Marriage Ended

If you or the beneficiary had a previous marriage, USCIS may require evidence showing that the previous marriage legally ended.

Depending on the situation, this might include:

  • a final divorce decree;
  • an annulment record; or
  • a death certificate for a previous spouse.

Watch out

A separation is not necessarily the same as the legal end of a marriage.

Similarly, paperwork showing that someone filed for divorce does not necessarily show that the divorce became final.

Use the document showing how and when the previous marriage legally ended.

Legal Name Changes

If you or the beneficiary legally changed a name, include the required documentation showing the legal name change when applicable.

This may be especially important when different documents show different names.

Example

A birth certificate shows one surname, but a current passport shows a different surname after marriage.

Marriage or other legal name-change documents may help explain why the names are different.

Watch out

A nickname is not automatically a legal name change.

Remember that Form I-130 separately asks about other names used, including aliases, maiden names, and nicknames.

Foreign-Language Documents

Additional Help: Do I Need to Translate Documents for Form I-130?

If you submit a document written in a language other than English, USCIS requires a full English translation.

The translation should include the required translator certification.

The translator certifies that:

  • the translation is complete and accurate; and
  • the translator is competent to translate from the foreign language into English.

The certification also needs the required identifying and contact information, including the translator’s:

  • signature;
  • printed name;
  • date; and
  • contact information.

Watch out

Do not submit only part of a document’s translation because you believe only one paragraph is important.

The requirement is for a full English translation of the foreign-language document being submitted.

Is a Document Translator the Same as the Interpreter in Part 7?

Not necessarily.

Remember the distinction:

Part 7 interpreter: Helped you understand Form I-130 in a language you understand.

Document translator: Translated a foreign-language supporting document into English.

The same person could perform both roles, but they are different jobs with different requirements.

Should I Send Original Documents to USCIS?

Generally, submit legible copies unless the Form I-130 instructions or USCIS specifically asks for an original.

Keep your original documents available.

Watch out

Do not send an irreplaceable original document simply because you assume USCIS would prefer the original.

Follow the instructions for the particular document.

If USCIS later requests an original, follow that request.

What If an Official Civil Document Is Not Available?

Sometimes an official birth, marriage, or other civil record genuinely cannot be obtained.

The I-130 instructions describe procedures involving a statement from the appropriate civil authority and possible secondary evidence when an official document is unavailable.

What is secondary evidence?

Secondary evidence is other evidence that may help establish a fact when the normal primary document is genuinely unavailable.

Watch out

This does not mean you can simply leave out a required document because it is inconvenient to obtain.

If an official civil document is unavailable, follow the USCIS instructions for documenting its unavailability and providing the appropriate alternative evidence.

Tip: Create a Supporting-Document Index

Before filing, make a simple list of everything you are submitting.

For example:

Document 1 — Evidence of petitioner’s U.S. citizenship

Document 2 — Marriage certificate

Document 3 — Prior divorce decree

Document 4 — Evidence of ongoing marital relationship

Document 5 — Form I-130A

This makes it easier to check whether every requirement has supporting evidence.

Keep translations together with the foreign-language documents they translate.

And when copying documents, make sure important information is readable.

Do not accidentally crop out:

  • dates;
  • names;
  • seals;
  • document numbers; or
  • information printed on the reverse side.

Before You Finish Form I-130

You are almost done.

Before submitting Form I-130, go through this final checklist.

A few minutes spent checking the petition now can help you catch simple mistakes before USCIS receives it.

1. Check That You Are Using the Correct Form Edition

This guide follows Form I-130, edition 04/01/24.

Before filing, check USCIS’s current I-130 page to make sure that edition is still accepted.

If filing a paper petition, keep the pages from the same form edition together.

Check that the page numbers and edition dates are visible.

Watch out

Do not accidentally combine pages from different editions of Form I-130.

2. Check the Petitioner and Beneficiary Information

This is one of the easiest mistakes to make because Form I-130 asks similar questions about both people.

Check that you have not accidentally switched:

  • names;
  • A-Numbers;
  • USCIS Online Account Numbers;
  • Social Security numbers;
  • addresses;
  • parents;
  • employment information; or
  • contact information.

Remember:

Petitioner = you, the person filing Form I-130.

Beneficiary = your relative, the person you are filing for.

3. Check Every Question That Applies

Go through the form from beginning to end.

Make sure you answered every applicable:

  • question;
  • subpart; and
  • follow-up question.

Check for special instructions such as:

  • N/A
  • None
  • SAME
  • Unemployed
  • Never lived together

Follow the specific instruction printed for the question.

4. Check Your Dates

Review important dates against your records.

Pay special attention to:

  • birth dates;
  • marriage dates;
  • divorce or marriage-termination dates;
  • address dates;
  • employment dates;
  • immigration dates; and
  • previous petition dates.

If you used an approximate date, make sure you explained it as required rather than presenting a guess as an exact date.

5. Check Your Five-Year Address and Employment Histories

Make sure your required timelines are complete.

Look for:

  • missing periods;
  • accidentally reversed dates;
  • omitted foreign addresses;
  • omitted foreign employment; and
  • additional information that should have been continued in Part 9.

Do not change accurate overlapping dates simply to make the timeline look cleaner.

6. Check Both Marriage Histories

If marriage history applies, review both:

your marital history

and

the beneficiary’s marital history.

Check:

  • number of marriages;
  • current marital status;
  • current marriage information;
  • previous spouses; and
  • dates previous marriages legally ended.

If you are filing for your spouse, information describing your shared marriage should be consistent between the two sections.

7. Check the Beneficiary’s I-94 and Passport Information

If the beneficiary has U.S. entry information to report, compare the form with the actual records.

Check:

  • class of admission;
  • I-94 number;
  • arrival date;
  • authorized-stay information;
  • passport or travel-document number;
  • issuing country; and
  • expiration date.

Watch out

Do not confuse:

  • an I-94 number;
  • passport number;
  • visa number;
  • A-Number; or
  • USCIS receipt number.

These are different numbers.

8. Check Item 61 or Item 62

Make sure you completed the appropriate processing choice:

Item 61 — Adjustment of status inside the United States

or

Item 62 — Immigrant visa / consular processing outside the United States

The instructions direct you to complete one and only one of these choices.

If you are unsure which process the beneficiary is eligible to use, resolve that question before filing rather than guessing.

9. Check Part 9 and Any Additional Sheets

For every Part 9 answer, check the:

  • page number;
  • part number;
  • item number; and
  • additional information.

If you attached separate sheets, make sure each sheet contains the required identifying information and is signed and dated as required.

10. Check Your Supporting Documents

Make sure you included the documents required for your particular relationship.

Depending on your case, this may include:

  • evidence of your U.S. citizenship or permanent resident status;
  • birth certificates;
  • marriage certificates;
  • divorce decrees or other marriage-termination documents;
  • adoption records;
  • legal name-change documents;
  • required photographs;
  • evidence of an ongoing marital relationship;
  • translations; and
  • other required evidence.

11. Filing for Your Spouse? Check Form I-130A

If the beneficiary is your spouse, make sure you included Form I-130A as required.

Remember:

An overseas spouse generally still needs a completed I-130A, although the I-130 instructions provide an exception to the spouse’s I-130A signature requirement when the spouse lives overseas.

12. Check Every Required Signature and Date

Check:

Petitioner — Part 6

Interpreter — Part 7, if used

Preparer — Part 8, if used

Additional sheets — signatures and dates as required

A completed form without a required signature can create a serious filing problem.

Additional Help: How Much Does Form I-130 Cost?

USCIS filing fees can change.

Before submitting your petition, check the current Form I-130 filing fee and payment instructions directly with USCIS.

Do not rely on an old saved fee amount, an old article, or the amount someone else paid for a previous filing.

The fee may also differ depending on the filing method or current USCIS fee rules.

Where Do I File Form I-130?

The filing location can depend on factors such as:

  • whether you file online or on paper;
  • where you live; and
  • USCIS’s current filing instructions.

Before mailing a paper petition, check the current USCIS Form I-130 filing address.

Do not automatically send your petition to an address from an old form, previous filing, or online article.

If filing online, follow the current USCIS online-filing instructions.

Final Check: Keep a Complete Copy

Before you submit anything, make a complete copy of the entire filing.

Keep:

  • Form I-130;
  • Form I-130A, if applicable;
  • Part 9 and additional sheets;
  • all supporting documents;
  • translations;
  • photographs or other required evidence;
  • signatures; and
  • proof or confirmation of the filing.

After USCIS accepts the filing, keep the receipt notice with this copy.

That way, if you receive a question or notice later, you can see exactly what USCIS received.

You’re Ready to File

If you have:

  • completed the questions that apply to you;
  • checked the petitioner and beneficiary information;
  • reviewed the dates and histories;
  • included the required supporting documents;
  • completed Form I-130A when required;
  • included translations when required;
  • signed and dated all required sections;
  • checked the current filing fee; and
  • confirmed the current filing method and destination,

you have completed the preparation steps covered by this Form I-130 guide.

Before submitting, use the current USCIS Form I-130 page, instructions, and filing information for the final check.

USCIS can change fees, filing locations, accepted form editions, and filing procedures. Checking the current information immediately before filing helps make sure you are using the latest requirements.

Form version covered by this guide: Form I-130, edition 04/01/24.