Documents you may need

If the beneficiary qualifies as:
Your unmarried children 21 years of age or older,
Your married children of any age, or
Your brother or sister (you must be 21 years of age or older),

you are not required to file separate petitions for the beneficiary's spouse or unmarried children under 21 years of age. They are considered derivative beneficiaries and you should list them in the Beneficiary's Family section of this petition.

The derivative beneficiaries described above may apply for an immigrant visa along with the beneficiary.

Who May Not File
Any person, if USCIS determines that he or she entered into or attempted or conspired to enter into a marriage in order to evade U.S. immigration laws; and
A grandparent, grandchild, nephew, niece, uncle, aunt, cousin, or parent-in-law.

Who May Not File

You may not file Form I-130 for a person in the following categories:
An adoptive parent or adopted child, if the adoption took place after the child turned 16 years of age, or if the child has not been in the legal custody and has not lived with the parents for at least 2 years before filing the petition;
A natural parent, if you gained lawful permanent resident status or U.S. citizenship through adoption or as a special immigrant juvenile;
A stepparent or stepchild, if the marriage that created the relationship took place after the child turned 18 years of age;
Any person, if USCIS determines that he or she entered into or attempted or conspired to enter into a marriage in order to evade U.S. immigration laws; and
A grandparent, grandchild, nephew, niece, uncle, aunt, cousin, or parent-in-law.

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

Note: Non-citizen U.S. nationals (as defined in the Immigration and Nationality Act (INA) section 308) have the same rights as lawful permanent residents to petition for family members. If you are a U.S. national born in American Samoa or Swains Island (or who otherwise qualifies as a non-citizen U.S. national, as described in INA section 308), you should indicate in the Additional Information about you section of the petition that you are a lawful permanent resident. You do not need to list an Alien Registration Number (A-Number) when completing this section of the form.
Fee

Fee: $535.00

Fee waiver: If you are requesting a fee waiver, you cannot file online. You must file a paper version of both the Form I-912, Request for Fee Waiver and the form for the specific benefit you are requesting. You can review the fee waiver guidance at www.uscis.gov/feewaiver.

Refund policy: USCIS does not refund fees, regardless of any action we take on your application, petition or request, or how long USCIS takes to reach a decision. By continuing this transaction, you acknowledge that you must submit fees in the exact amount and that you are paying the fees for a government service.

Please refer to the instructions for the form(s) you are filing for additional information or you may call the USCIS Contact Center at 800-375-5283. For TTY (deaf or hard of hearing) 800-767-1833.

The following is a list of documents everyone filing this petition must provide:

    Proof of U.S. citizenship or lawful resident status
    Proof of family relationship

We will automatically inform you which documents and additional evidence you may need to provide as you fill out your application. These recommendations for additional information will be based on the information you provide in the application, such as your personal history, family, and circumstances.

Any document containing foreign language submitted to USCIS must be accompanied by a full English language translation that the translator has certified as complete and accurate, and by the translator's certification that he or she is competent to translate from the foreign language into English.