Home > How to Fill Out Immigration Form I-130 for a Family Member

How to Fill Out Immigration Form I-130 for a Family Member

March 13th, 2023

Filling out an Immigration Form I-130 to sponsor an immediate family member’s immigration to the United States can be a complex process. Failing to submit even a single document could mean long delays in processing your I-130 application, which can result in delays for your family member’s residency.

Numerous documents must be submitted to the United States Citizenship and Immigration Services (USCIS) to support your Immigrant Visa petition and to establish your relationship with your immediate family member (spouse, or child of US Residents and Citizens, and parents and siblings of U.S. citizens only). The types of documents you need will depend on which family member you are petitioning for. Thus, it is critical for you to submit the appropriate documents, and not all the documentation you might think to gather.

If you need help filling out the Immigration Form I-130 for your eligible family member, our family immigration lawyers can help you gather the necessary documentation and complete your application properly for a smooth and successful process. Contact FitzGerald Law Company today at (617) 303-2600 for an evaluation of your case or request your appointment online.

How Do I Fill Out Immigration Form I-130

Filing out Form I-130 to sponsor a relative for immigration requires an individual to complete numerous steps, including completing the application, Form I-130, or in some cases multiple applications, Form I-130 & Form I-130A, preparing supporting documents to prove the individual’s status as a Legal Permanent Resident or a U.S. Citizen, and the family relationship, and filing the petition with the appropriate USCIS Service Center or Office.  It is extremely important to submit the necessary and appropriate documentation to support these applications. Submission of the correct and most appropriate documents with the initial petition will help avoid unnecessary Requests for Evidence from USCIS that could delay your family member’s application.

What Documents Do I Need to Show That I Am a U.S. Citizen or a Lawful Permanent Resident?

Several forms of documentation can be submitted to demonstrate that you are a U.S. citizen:

• A copy of your Birth Certificate, if you were born in the U.S. or its territories (generally birth in the United States will grant the individual citizenship, with few exceptions)
• A copy of your Naturalization Certificate or Certificate of Citizenship
• A copy of Form FS-240, Consular Report of Birth Abroad of a U.S. Citizen
• A copy of your unexpired U.S. Passport
• An original statement from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport

If you are a lawful permanent resident, several forms of documentation can be submitted to demonstrate your status:

• A copy of your current, unexpired Resident Alien Card or “Green Card”
• A copy of an Immigration Court Order granting status as a Legal Permanent Resident
• A copy of your current Passport with an unexpired I-551 stamp
• A copy of your expired Resident Alien Card with a Form I-797, Notice of Extension of Status
• A copy of your expired Resident Alien Card with an extension label from a USCIS Application Support Center

Our family immigration attorneys can evaluate the eligibility of your family member and help ensure you submit the appropriate documentation to establish your lawful status in order to support an I-130 Immigrant Visa Petition for an eligible member of your family.  Call and request an appointment today at: (617) 303-2600 or fill our online appointment request.

What Documents Do I Need to Prove My Family Relationship?

The following documents are generally needed to prove each familial relationship for an I-130 Immigrant Visa Petition:

A Spouse

If the I-130 application is for a spouse, you should provide the following type of records to prove your marital relationship:

• A copy of your current Marriage Certificate
• A copy of Divorce Certificates or Judgments of Annulment, terminating any prior marriages for either spouse
• A copy of Death Certificates for any prior spouses

In addition to the required documentation listed above, you are strongly encouraged to submit one or more of the following types of documentation that may prove you have a bona fide marriage:

• Copy of statements from a Joint Bank Account (an account in the name of both spouses) that has “direct deposit” from all of their employers and deposits from all of their sources of income.
• Copy of Deed of Property showing Joint Ownership
• Copy of a residential lease in the name of both spouses
• Copy of records for joint Insurance Policies, particularly Health Insurance, Car Insurance, Dental Insurance and Property Insurance (generally life insurance policies are not strong evidence in support of a marriage)
• Copy of records from employers that list marital status and name of spouse
• Copy of records from schools or universities that list marital status and name of spouse
• Copy of Birth Certificates for children of either spouse
• Copy of school records for children of either spouse
• Copy of certified documents from a court proceeding that records the marital relationship
• Copy of photographs of marital couple with family and friends during holidays, vacations or special events
• Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship, in the event that other strong evidence of the relationship is not accessible
• Any other relevant documentation to establish that there is an ongoing marital union

It is critical that the documentation you submit show clear and convincing evidence that you and your spouse entered into the marriage in good faith and not for immigration purposes.

A Child

If you are a parent filing the I-130 application for a child, there are primary documents that establish the parent/child relationship and if those are not available there are secondary forms of evidence to prove your parent/child relationship. If available you should provide the following type of records:

• A copy of your child’s Birth Certificate listing you as the parent, registered at the time of your child’s birth, as primary evidence
• A copy of your child’s Baptismal Certificate or other Church/Religious Certificates listing you as the parent, registered at the time of your child’s birth, as primary evidence
• A copy of your child’s Adoption Certificate listing you as the parent, with evidence that the child has resided with you for 2 years, as primary evidence
• A copy of your child’s school records listing you as the parent, registered close to the time of your child’s birth, as secondary evidence
• A copy of DNA exam that identifies you as the parent may be an acceptable form of secondary evidence in certain situations
• Affidavits sworn to or affirmed by third parties having personal knowledge of the parent/child relationship, as secondary evidence

If you are the father of a child and you were not married to the child’s mother you may need to provide additional evidence to establish the relationship:

• Copy of financial records establishing the father was supporting the child, as secondary evidence
• Copy of certified Court documents from proceedings that establish the father’s relationship to the child, as secondary evidence
• Affidavits sworn to or affirmed by third parties having personal knowledge of the parent/child relationship, as secondary evidence
• Any other relevant documentation to establish the relationship between the father and child, as secondary evidence

A Parent

If you are a child filing the I-130 application for a parent, there are primary documents that establish the parent/child relationship and if those are not available there are secondary forms of evidence to prove your parent/child relationship. If available, you should provide the following type of records:

• A copy of your Birth Certificate listing your mother or father as the parent, registered at the time of your birth, as primary evidence
• A copy of your Baptismal Certificate or other Church/Religious Certificates listing your mother or father as the parent, registered at the time of your birth, as primary evidence
• A copy of your Adoption Certificate listing your mother or father as the parent, with evidence that you resided with them, as primary evidence
• A copy of your school records listing your mother or father as the parent, registered close to the time of your birth, as secondary evidence
• A copy of DNA exam that identifies you as the child of your parent may be an acceptable form of secondary evidence in certain situations
• Affidavits sworn to or affirmed by third parties having personal knowledge of the parent/child relationship, as secondary evidence

A Sibling

If you are filing the I-130 application for a sibling born to one of your parents or step-parents (a “step-parent” relationship exists if you were under 18 years old when your parent married the step-parent), there are primary documents that establish the sibling relationship and if those are not available there are secondary forms of evidence to prove your sibling relationship. If available, you should provide the following type of records:

• A copy of your Birth Certificate listing your sibling’s mother or father as your parent, registered at the time of your birth, as primary evidence
• A copy of your sibling’s Birth Certificate listing your mother or father as your sibling’s parent, registered at the time of your sibling’s birth, as primary evidence
• A copy of your Baptismal Certificate or other Church/Religious Certificates listing your sibling’s mother or father as your parent, registered at the time of your birth, as primary evidence
• A copy of your sibling’s Baptismal Certificate or other Church/Religious Certificates listing your mother or father as your sibling’s parent, registered at the time of your sibling’s birth, as primary evidence
• A copy of your Adoption Certificate listing your sibling’s mother or father as your parent, with evidence that you resided with them, as primary evidence
• A copy of your sibling’s Adoption Certificate listing your mother or father as your sibling’s parent, with evidence that your sibling resided with them, as primary evidence
• A copy of your school records listing your sibling’s mother or father as your parent, registered close to the time of your birth, as secondary evidence
• A copy of your sibling’s school records listing your mother or father as your sibling’s parent, registered close to the time of your sibling’s birth, as secondary evidence
• A copy of DNA exam that identifies you and your sibling as children of the same parent may be an acceptable form of secondary evidence in certain situations
• Affidavits sworn to or affirmed by third parties having personal knowledge of the parent/child relationship of you and your sibling with a common parent, as secondary evidence

What If an Official Document is Not Available

If a primary or official document is not available then you may need to submit statements from the appropriate civil authorities certifying that the document or documents are unavailable in some situations. You must also may have to present secondary evidence, which may include one or more of the following records listed below:

Religious Records

A copy of a document bearing the seal of a religious organization showing that a service such as a baptism, dedication, or comparable rite, occurring within two months after birth may be used as secondary evidence. The document should list the date and place of the child’s birth, the date and place of the religious ceremony, the names of the child’s parents and the name and title of the officiant.

School Records

School records which contain information such as the date of admission to the school, the child’s date of birth or age at the time of admission, the child’s place of birth, and names of the child’s parents, may be submitted in support of your I-130 application, as secondary evidence of a relationship.

Census Records

State or Federal census records showing the names, place of birth, date of birth, or the age of the person listed may also be used as secondary evidence to prove your claims.

Written Statements

In a situation in which documentation of a relationship is not accessible or available you may submit written statements signed under oath from individuals who have personal knowledge of the relationship that you are trying to prove.

Each written statement or affidavit should contain the following information:

• Full name and address of the person signing the statement
• Date and place of birth of the person signing the statement
• Detailed information of the events observed by the person that demonstrate the family relationship
• Complete details explaining how the individual acquired personal knowledge of the event
• A declaration made under penalty of perjury under the laws of the United States that the foregoing is true and correct

Our family immigration lawyers can help you evaluate the primary and secondary evidence for your I-130 application to ensure the most appropriate materials are submitted to USCIS.

What If My Name Has Changed?

If either you or the person you are filing for is using a name that does not match the name shown on the relevant documents, you must file your petition with copies of the legal documents reflecting the name change. This can include a marriage certificate, adoption decree, or court orders. Our family immigration attorneys can help you assess the documents which are likely to be required for your I-130 application and prevent needless delays.

Our Family Immigration Lawyers Can Help

If you are currently filling out an Immigration Form I-130 and need assistance, our family immigration attorneys can help you by providing an assessment of your case, including reviewing prior rejected or denied applications, and with the proper preparation and filing the Immigrant Visa Petition for you on behalf of you family member. Call FitzGerald Law Company at (617) 303-2600 or request your consultation online today.