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Guide · Preparing and filing

What Filing Form I-130 Actually Does

Form I-130 asks USCIS to recognize a family relationship. The U.S. citizen or lawful permanent resident (green card holder) spouse files it. Approval is not a visa or permission to travel.

For: Couples preparing or waiting for a spouse petition.

Written from official U.S. government sources. Last reviewed August 2026. Sources and limits. 1 source awaits review.

At a glance

  • The petitioner files: the U.S. citizen or lawful permanent resident spouse, who may live in the U.S. or abroad.
  • The beneficiary supplies Form I-130A. Submit it with the petition; follow its signature instructions.
  • Approval is not a visa, immigration status, or travel permission.
  • Check USCIS before filing for the fee, edition, address, and required evidence.

What the petition is

Origin: official source. Official sourceStated by a US government publisher on the page we cite.Sources

Form I-130, Petition for Alien Relative, asks USCIS to recognize a qualifying family relationship. The filing spouse is the petitioner; the spouse seeking to immigrate is the beneficiary. An approved petition does not itself give immigration status, work permission, or a visa.

Petition, visa, and admission are separate decisions

Origin: Togetherward explanation. Togetherward explanationOur reading of the official sources, not something an agency says.

USCIS decides the petition. For consular processing, the National Visa Center and embassy or consulate handle later steps. A border officer decides admission. A period without an update does not explain what is happening; check the notice, case status, and published inquiry instructions.

The petitioner does not have to live in the U.S. State describes filing while living abroad. Both partners can gather records. Follow each form's instructions about who completes and signs it.

Which office answers which question

Origin: official source. Official sourceStated by a US government publisher on the page we cite.Sources

  • Does a qualifying relationship exist?

    Where it is answered
    USCIS, when it decides the I-130 petition.
  • Who signs and files?

    Where it is answered
    The petitioner signs and files I-130. Submit the beneficiary's I-130A with it; its signature rules depend on the instructions.
  • What does the fee cost, and which edition applies?

    Where it is answered
    Check the USCIS Form I-130 page before filing.
  • How long does it take?

    Where it is answered
    The USCIS processing times page, for the office holding the case.
  • Does approval mean a visa?

    Where it is answered
    No. Consular processing and the visa decision follow separately.

Who decides each part

What an approval does not settle

Origin: Togetherward explanation. Togetherward explanationOur reading of the official sources, not something an agency says.

An approval does not settle visa issuance, admission, or immigration-history questions. Spouses of permanent residents must also consider Visa Bulletin availability. Prior filings, refusals, overstays, and criminal history may need advice from an immigration attorney.

What is worth doing before you file

Origin: suggested action. Suggested actionA way to organise your own case. Optional, and required by nobody.

  1. 1. Identify the petitioner

    Both of you

    Confirm which spouse files I-130 and which spouse provides I-130A information.

  2. 2. Read the checklist page next

    Next

    Use it to organize the package, alongside the USCIS instructions.

  3. 3. Read the fee and edition on the day

    Currentness

    Check USCIS when you file. Do not rely on a saved fee or old form.

  4. 4. Keep a copy of everything you send

    Records

    Save the submitted package and delivery or submission record for later reference.

What to read next

Origin: Togetherward explanation. Togetherward explanationOur reading of the official sources, not something an agency says.

Common questions

Who files Form I-130?
The U.S. citizen or permanent resident spouse is the petitioner. The beneficiary supplies I-130A, which is submitted with I-130. Follow the current signature instructions.
Does an approved I-130 mean a green card?
No. Approval recognizes the family relationship for the petition. Visa processing and admission are separate steps.
What does it cost to file?
Check the USCIS Form I-130 page for the current fee and edition before filing.
How long does the petition take?
Check USCIS's published processing figures and inquiry instructions. They do not promise a decision date for your petition.

How Togetherward helps

Suggestion

Keep the filing date, receipt notice, submitted package, and shared tasks in Togetherward so both partners can find the same records.

Jump straight to the checklist

These open without signing in.

This is general information about published I-130 procedures, not legal advice or a decision about who qualifies. Follow current USCIS instructions and seek legal advice about your facts.

Sources and limits

Last reviewed and verification status

Last reviewed
Last recorded source review: . We aim to re-read it every 120 days.
Review recorded.
Verification status of the sources behind this page
4 of 5 sources are recorded as checked. 1 is awaiting verification. See the note beside each pending source for what remains to be checked.

Verified (4)

Pending verification (1)

About this guide and its review

Guide scope

  • Preparing and filing
  • CR-1 / IR-1 (Form I-130)
Who this is for
Couples preparing or waiting for a spouse petition.
Stage it covers
Petition preparation and filing, before consular processing.
What it helps you do
Identify the petitioner, understand the petition's purpose, and find the current filing instructions.
What this page cannot tell you
  • Whether USCIS will approve a petition or how long it will take.
  • The current fee, form edition, filing address, or evidence needed for your facts.
  • How immigration history, prior filings, or admissibility affect your case.

How we put this page together

Togetherward analysis

Based on the linked USCIS Form I-130, Form I-130A, and family-petition pages. State's overseas-filing page explains that petitioners can live abroad. This guide separates the petition decision from later visa and admission decisions.

What we did not include

  • Current fees, editions, and filing addresses.
  • A case-specific evidence list or processing estimate.
  • Decisions about who qualifies or how immigration history affects a case.

Review record

Author
The Togetherward editorial team. The people who build Togetherward. We are not attorneys and we do not give legal advice.
Review
Reviewed by Togetherward Team
Scope of review
Read the full review scope

Review scope: a second person on the Togetherward editorial team re-read this page against the official pages listed below and confirmed that every process statement still matches them. That is what our review covers, and it is described in full in our editorial standards. It does not assess legal accuracy, eligibility, or how anything applies to a particular case — for that, speak with a qualified immigration attorney.

Dates
Last reviewed · Published .
Review status: Review recorded.
How this guide was prepared
How we review guides.
What the labels in this guide mean
  • Official factStated by a U.S. government publisher on the source page we cite.
  • Togetherward analysisOur reading of the official sources, not something an agency says.
  • SuggestionA way to organise your own case. Optional, and not a requirement.
Limitations
  • This is an explanation of a published government process, not legal advice, and not a prediction about your case.
  • Figures that move — processing ranges, Visa Bulletin dates, fees, form editions, interview availability — are described rather than reproduced here, so you read the current number at the source.
  • USCIS, the National Visa Center, the embassy, or the consular officer may ask for something this page does not mention.
  • This page explains what the petition establishes. It makes no eligibility judgement and reproduces no fee, form edition, filing address, or evidence list.
Commercial independence
Commercial independence: nobody pays to appear on this page. There are no sponsors, no advertising, no referral fees, no affiliate links, and no paid placement of any attorney, agency, or service. Togetherward makes money from couples who use the product, and a commercial relationship cannot change what this page says, when it was last reviewed, whether it is flagged as out of date, or whether it stays in search results.
Corrections
Report a correction using the form below, support@togetherward.app or use the support page.