Last updated: November 9, 2025.
By Asel Williams, Esq. · Columbia Law School · Licensed immigration attorney
- Form I-130, Petition for Alien Relative, is a US immigration form used in family-based applications
- Filing Form I-130 with USCIS is typically the first step in applying for permanent residency
- Form I-130 is filed by “Petitioner” (sponsor who is a US citizen or permanent resident) to sponsor their family member (also known as “Beneficiary”)
What to do after Form I-130 is approved
Once Form I-130 is approved, the applicant (“Beneficiary”) must first understand whether they can move to the next step or wait for their priority date to become current:
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Visa number is always available |
Priority date must become current first |
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These applicants can move to the next step immediately after Form I-130 is approved:
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These applicants can move to the next step ONLY if their priority date is current. Learn how to determine whether your priority date is current: How to Read the Visa Bulletin for Family-Based Immigrants If your priority date is not current, you must wait and cannot move to the next step (Form I-485 or Form DS-260). Important: the mere fact that your Form I-130 was filed or was approved does not authorize you to stay in the US. Visa overstay or unauthorized employment might make you ineligible for permanent residence if you belong to these categories. |
If you are eligible to move to the next step, determine whether you should apply for Adjustment of Status or Consular Processing:
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Who is eligible for Adjustment of Status |
Who is eligible for Consular Processing |
| Beneficiary is physically present in the U.S. | Beneficiary is located outside the U.S. |
| Beneficiary was inspected and admitted or paroled into the U.S. – this means that the beneficiary was officially authorized to enter the US by CBP (Customs and Border Patrol). | Form I-130 was approved by USCIS and forwarded to the National Visa Center (NVC) |
| Beneficiary has maintained lawful nonimmigrant status in the US and has no unlawful employment – applies to family preference applicants only, does not apply to immediate relatives | Visa number is available – applies to family preference applicants only, does not apply to immediate relatives. If your priority date is current, you will receive a letter or email from NVC |
| If eligible, file Forms I-485, I-864, I-693, I-765 (optional) and I-131 (optional) with USCIS in the U.S. | If eligible, file Forms DS-260 and I-864 with the National Visa Center (NVC) and attend an interview at the U.S. Embassy/Consulate. Do not file Form I-485 |
Watch Our Client’s Success Story – From Parole to Green Card in 9 Months:
Introduction
Securing a marriage-based green card can feel overwhelming, but our client’s story proves it’s possible to navigate the U.S. immigration system efficiently with the right guidance.
The Starting Line: CBP One Entry
In September 2023, the client entered the U.S. via the CBP One mobile app—setting the wheels in motion for the green card process.
Building the Case: Marriage-Based Petition
Once married to a U.S. citizen, the client filed Form I-130 (Petition for Alien Relative) and Form I-485 (Adjustment of Status) simultaneously—streamlining the process under the “AOS” procedure.
Efficient Timeline
Over nine months, the couple:
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Filed the complete application packet
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Attended biometrics and the in-person marriage interview
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Received the green card approval
This marks a notably swift approval for a marriage-based case.
Why It Mattered
- Professional Support: The immigration attorney’s preparation—organizing evidence, preparing clients for the interview—was key to success.
What You Can Learn
- File I-130 and I-485 together if eligible—it can reduce wait times.
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Document your relationship thoroughly: joint finances, photos, affidavits, and shared residence.
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Prep for the interview early—knowing each other’s history, daily routine, and relationship narrative makes a difference.
Final Word
This nine-month green card approval showcases how strategy, preparation, and timely filings can lead to success. If you’re navigating a similar route, consider legal guidance—and don’t underestimate the impact of a well-documented, organized application.
What to do after Form I-130 approved if you are present in the U.S.
If you are physically present in the U.S., your Form I-130 is approved, your priority date is current and you are otherwise eligible for Adjustment of Status, you need to take the following steps:
Step 1. Complete the medical examination (Form I-693) in the U.S.:
- Your medical form can be completed in the US only by a doctor approved by USCIS (“civil surgeon”). Enter your ZIP code to find the approved doctors in your area: https://www.uscis.gov/tools/find-a-civil-surgeon
- Schedule an appointment
- Bring all your vaccination records (since birth until present) and your government-issued ID (passport, driver’s license or U.S. state ID)
- If you do not have your original vaccination records, you can provide a photocopy
- If you do not have your vaccination records from your home country, a doctor can order blood laboratory tests to determine whether you have received vaccinations in the past
- Doctor will determine whether you lack any required immunizations and draw your blood for lab testing
- You receive the missing vaccinations (if applicable)
- Doctor will complete the form, sign it and provide you with a sealed envelope. Do not open the envelope. Only USCIS can open the sealed envelope
- Request a photocopy of your completed Form I-693 for your records
- It’s recommended that you complete Form I-693 prior to your filing of Form I-485 (Application to Register Permanent Residence or Adjust Status)
- However, you can also submit the medical form later in the process after USCIS issues an RFE (Request for Evidence). RFE might delay the processing of your green card application for 1-3 months (if not longer)
- Medical forms are valid for 2 years from the date the doctor signed it
Step 2. Check whether you are subject to the “90-Day Rule”:
- If you entered the U.S. on a “single intent” visa such as B-1/B-2, F-1, M-1, Visa Waiver Program (ESTA), etc. and less than 90 days have passed since your most recent entry, you might be subject to the “90-Day Rule”. “Single intent” visa means that your intent was to enter the US temporarily and leave the US after your nonimmigrant stay expires. By filing Form I-485 you are violating your nonimmigrant intent by applying for permanent residence. This rule limits your ability to file an Adjustment of Status application (Form I-485) during the first 90 days after your most recent entry on nonimmigrant visas that do not allow “dual intent”. If you are subject to this rule, it’s recommended that you file your I-485 application after 90 days have passed since your most recent entry into the U.S. If you have entered the US on the Visa Waiver Program (ESTA) and are related to a U.S. citizen (spouse, child, or parent of US citizens) and want to apply for a green card in the U.S., please book a free consultation with our immigration attorney who can advise you on the necessary steps.
- If you entered the US on a “dual intent” visa such as H-1B, L-1, E-1/E-2, K-1 visa, etc., the 90-Day Rule does not apply to you and you can file Form I-485 application at any time. “Dual intent” means that you can have both nonimmigrant and immigrant intent when entering on these types of visas
Step 3: File Forms I-485, I-864, I-693, I-765 (optional) and I-131 (optional) with USCIS:
- File the following immigration forms with USCIS:
- Form I-485 – green card application
- Form I-864 – Affidavit of Support signed by Petitioner
- Form I-693 – sealed medical form (can be filed after Form I-485 is registered)
- Form I-765 – Employment Authorization Document (optional), if you want to obtain a work permit before your green card is approved
- Form I-131 – Application for Travel Documents, Parole Documents, and Arrival/Departure Records (Advance Parole, optional), if you want to travel outside the US while your green card application is pending. Note: H-1B and L-1 visa holders with valid status do not need to apply for Advance Parole
- Form G-1145 – E-Notification of Application/Petition Acceptance (optional), if you want to receive a text message from USCIS with receipt numbers that confirm the successful registration of your application
- Each immigration form must be accompanied by the required supporting documents (submit photocopies only)
- Make a photocopy of the completed application for your records
- USCIS typically sends hard copies of registration notices (“receipt notices”) by mail within 2 weeks
- If you receive instructions to create an online USCIS account, it’s recommended that you create it within 90 days. You will be able to track your application online, download the notices electronically, and submit a response to Request for Evidence (RFE) online
Step 4: Attend the biometrics appointment:
- USCIS typically schedules a biometrics appointment at the nearest Application Support Center within 1.5 months after your application is filed
- You will receive a biometrics appointment letter with the time, date, and address of your biometric appointment. Fill out the 2nd page of the biometrics notice that collects your biographical information
- Attending the biometric appointment is mandatory. Failure to attend the appointment will delay the processing of your Employment Authorization Document (if you filed Form I-765) and even denial of your green card application
- If you need to reschedule your appointment, call 1-800-375-5283. You must reschedule your appointment before the scheduled date and show good cause for rescheduling
Step 5: Respond to Request for Evidence (RFE), if applicable:
- If USCIS needs additional documentation to make a decision on your application, you will receive a Request for Evidence (RFE) notice
- The notice will explain what documentation is required and will include a deadline by which the requested documentation must be received by USCIS
- You can either submit the response to RFE electronically via your online USCIS account linked to the application or send it by mail. If an original document is requested (for example, a sealed medical form, or an original birth certificate non-availability), you must mail it to the USCIS address provided in the letter
- Failure to respond to the RFE might result in the denial of your application. USCIS fees are non-refundable and you might become subject to removal (deportation) proceedings if your green card application is denied
Step 6: Attend an interview at the local USCIS office:
- If an interview is scheduled, you will receive a notice by mail with the date, time, and location of the local USCIS field office
- You must bring the original documents as provided in the notice
- Bring the interview notice and a government-issued ID to the interview
- Not all family-based applicants are required to attend an interview. For example, most parents of US citizens are not required to attend an interview. Most marriage-based applicants must appear at the interview along with their petitioner. USCIS sometimes waive the interview requirement for marriage-based applicants which means that your green card will be approved based only on the documents you have provided with the application
Step 7: Receive your green card:
- If your Form I-485 is approved, it means that your green card was approved
- It typically takes about 1 week for the USCIS card facility to produce your green card and another 3-4 business days for the green card to be delivered by USPS
- Once a green card is shipped, you will see the USPS tracking number in your I-485 online status
- You can subscribe to email/text notifications of your green card delivery status by entering the USPS tracking number here.
Step 8: Register with Selective Service (males only):
- All male immigrants between the ages of 18 and 26 years old must register with the Selective Service
- Failure to timely apply with the Selective Service might delay your eligibility to apply for US citizenship
- Female immigrants are not required to register
Step 9: Remove conditions on your residence (if applicable):
- If you obtained your green card through marriage to a US citizen or permanent resident, and less than 2 years have passed since your marriage date, you will obtain a conditional green card that is valid for 2 years only
- To remove conditions, you need to file Form I-751 together with your petitioner within the 90-day period prior to your conditional green card’s expiration date. If you have separated or divorced from your sponsor spouse, visit our Form I-751 Waiver of Joint Filing Requirement guide
- Once you file Form I-751, your conditional residency will be extended for 24-48 months
- After Form I-751 is approved, you will obtain a 10-year green card
- If you have received a 10-year green card, you do not need to file Form I-751
- Conditional residency also applies to children who obtained green cards through their parent’s marriage to a US citizen or permanent resident
- Conditional residency does not apply to parents, children, and siblings of US citizens
Step 9: Apply for US citizenship (optional):
- If you want to apply for US citizenship, you can file Form N-400 and must meet a number of requirements (such as continuous residency, good moral character, filing and payment of federal taxes, etc.):
- Spouses of US citizens can file Form N-400 2 years and 9 months after obtaining their green card
- All other applicants can file Form N-400 4 years and 9 months after obtaining their green card
What to do after Form I-130 approved if you are located outside the U.S.
If you are located outside the U.S., the only option available for you is Consular Processing.
Consular processing means that the beneficiary will apply for an immigrant visa at the U.S. Embassy or Consulate in their home country.
To apply for consular processing, you need to take the following steps:
Step 1: Receive a “welcome letter” from the National Visa Center (NVC):
- You should receive an email or notice from NVC that contains your NVC Case Number and Invoice ID number
- NVC typically emails an invitation to both the petitioner and beneficiary
- You cannot start the process without the invitation letter from NVC
- If you have not received an invitation from NVC, your priority date might not be current yet. Check the most recent U.S. Visa Bulletin
Step 2: Complete Form DS-260 and Affidavit of Support
- Enter your NVC Case Number and Invoice ID number online
- Pay the government fees ($325 for Form DS-260 and $120 for Affidavit of Support)
- Complete Form DS-260, Immigrant Visa Electronic application. Save the confirmation page (one page document containing a bar code). You will need to bring this confirmation page to your interview at the US Embassy/Consulate
- Upload the applicant’s civil documents (birth certificate, passport, digital US visa-type photograph, marriage certificate, police certificate(s), etc.)
- Your petitioner will need to complete and sign Form I-864 (Affidavit of Support Under Section 213A of the INA) and upload their supporting documents (proof of US citizenship or permanent resident status, most recent federal tax return or IRS tax transcript, most recent W-2 and/or 1099 forms, etc.)
Step 3: Case is documentarily qualified:
- Once all forms and documents have been uploaded, the NVC will start reviewing your application. If any documents are missing or incorrect, you will be notified via email and can access messages in your online Form DS-260 application
- Carefully review the instructions, and upload the missing documents
- Once all documents are pre-approved by NVC, you will receive an email saying that your case is “documentarily qualified”. This means that your application will be forwarded to the U.S. Embassy or Consulate in your country of residence
Step 4: Prepare for the Interview:
- Once the U.S. Embassy/Consulate schedules an interview, you will receive an email with instructions
- Schedule a medical examination with an approved doctor according to the instructions that can be accessed here
- Carefully review pre-interview instructions and prepare all the required original documents and photocopies
- Some consulates require you to schedule a biometrics appointment prior to the interview date
Step 5: Attend the interview:
- Bring all the required original documents and photocopies as outlined in the instructions
- Wait for the results
- If your visa is approved, you will return to pick up your passport with the stamped visa at the time and location specified by the US Embassy/Consulate
Step 6: Pay the USCIS Immigrant Fee:
- Prior to entering the US, you must pay the USCIS Immigrant Fee online
- The US Embassy/Consulate will provide you with printed instructions on how to pay this fee
- This will ensure that you will receive your original green card by mail approximately within 90 days after entering the U.S. The green card will be mailed to the US address you provided on Form DS-260
- Save the payment receipt for your records
Step 7: Enter the U.S.:
- Immigrant visas are typically valid for 6 months
- You must enter the US before the expiration date of your immigrant visa
- You will become a permanent resident on the day you enter the US
- The original green card will be mailed to your US address
Step 8: Register with Selective Service (males only):
- All male immigrants between the ages of 18 and 26 years old must register with the Selective Service
- Failure to timely apply with the Selective Service might delay your eligibility to apply for US citizenship
- Female immigrants are not required to register
Step 9: Remove conditions on your residence (if applicable):
- If you obtained your green card through marriage to a US citizen or permanent resident, and less than 2 years have passed since your marriage date, you will obtain a conditional green card that is valid for 2 years only
- To remove conditions, you need to file Form I-751 together with your petitioner within the 90-day period prior to your conditional green card’s expiration date. If you have separated or divorced from your sponsor spouse, visit our Form I-751 Waiver of Joint Filing Requirement guide
- Once you file Form I-751, your conditional residency will be extended for 24-48 months
- After Form I-751 is approved, you will obtain a 10-year green card
- If you have received a 10-year green card, you do not need to file Form I-751
- Conditional residency also applies to children who obtained green cards through their parent’s marriage to a US citizen or permanent resident
- Conditional residency does not apply to parents, children, and siblings of US citizens
Step 9: Apply for US citizenship (optional):
- If you want to apply for US citizenship, you can file Form N-400 and meet a number of requirements (such as continuous residency, good moral character, filing and payment of federal taxes, etc.):
- Spouses of US citizens can file Form N-400 2 years and 9 months after obtaining their green card
- All other applicants can file Form N-400 4 years and 9 months after obtaining their green card
How Long Does It Take for Form I-130 Approval?
How long it takes USCIS to approve Form I-130 depends on the following factors:
- Whether the beneficiary belongs to the Immediate Relative Category, Family Preference Category or principal immigrant category
- Whether your sponsored relative is currently living inside the United States or abroad; and
- Which USCIS office is processing your application.
It usually takes around 12-13 months for Form I-130 to be approved by USCIS. If your Form I-130 was completed incorrectly, you failed to provide the required forms (such as Form I-130A for spouses), or mandatory documents, the processing of Form I-130 can be significantly delayed.
Keep in mind that it takes several years for Form I-130 approval for the following categories:
- F1 – unmarried sons and daughters of US citizens over 21
- F2B – unmarried sons and daughters of permanent residents over 21
- F3 – married sons and daughters of US citizens of any age
- F4 – brothers and sisters of US citizens
Below you can find average Form I-130 processing time as published by USCIS. Keep in mind that the processing times are estimated.
You can check the most recent Form I-130 processing times on the official USCIS website (choose “Form I-130” and your service center.
Service center is printed in the lower left corner of Form I-130 receipt notice).
Form I-130 Processing Time
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Category |
Application center |
Processing time |
| U.S. citizen filing for a spouse, parent, or child under 21 | Nebraska Service Center | 12.5 Months to 16 Months |
| Potomac Service Center | 7 Months to 9 Months | |
| Texas Service Center | 5 Months to 7 Months | |
| Vermont Service Center | 17.5 Months to 22.5 Months | |
| Permanent resident filing for a spouse or child under 21 | California Service Center | 8.5 Months to 11 Months |
| Nebraska Service Center | 20.5 Months to 26.5 Months | |
| Potomac Service Center | 1 Week to 7 Months | |
| Texas Service Center | 5 Months to 7 Months | |
| Vermont Service Center | 17 Months to 22.5 Months | |
| U.S. citizen filing for an unmarried son or daughter over 21 | California Service Center | 56.5 Months to 73.5 Months |
| Nebraska Service Center | 12.5 Months to 16 Months | |
| Potomac Service Center | 7 Months to 9 Months | |
| Texas Service Center | 5 Months to 7 Months | |
| Vermont Service Center | 58.5 Months to 76 Months | |
| Permanent resident filing for an unmarried son or daughter over 21 | California Service Center | 53.5 Months to 69.5 Months |
| Nebraska Service Center | 20.5 Months to 26.5 Months | |
| Potomac Service Center | 1 Week to 7 Months | |
| Texas Service Center | 5 Months to 7 Months | |
| Vermont Service Center | 56.5 Months to 73.5 Months | |
| U.S. citizen filing for a married son or daughter over 21 | California Service Center | 92.5 Months to 120 Months |
| Nebraska Service Center | 12.5 Months to 16 Months | |
| Potomac Service Center | 7 Months to 9 Months | |
| Texas Service Center | 5 Months to 7 Months | |
| Vermont Service Center | 88 Months to 114 Months | |
| U.S. citizen filing for a brother or sister | California Service Center | 104.5 Months to 136 Months |
| Nebraska Service Center | 12.5 Months to 16 Months | |
| Potomac Service Center | 7 Months to 9 Months | |
| Texas Service Center | 5 Months to 7 Months | |
| Vermont Service Center | 99 Months to 129 Months |
Form I-130 is approved FAQs
What does it mean when the I-130 is approved?
When Form I-130 is approved, it means that the immigration petition was approved and the relationship between petitioner and beneficiary was verified. It does not mean that the green card or immigrant visa are approved. You must file a separate application (Form I-485 or Form DS-260) to obtain the green card (if in the US) or immigrant visa (if abroad).
What’s next after your I-130 is approved?
After Form I-130 is approved, you must first determine whether your priority date is current (does not apply to spouses, unmarried children under 21, and parents of US citizens). If your priority date is current and you are present in the US, you might be eligible to file Form I-485 with USCIS. If your priority date is current and you are located outside the US, you will receive an invitation from the National Visa Center to complete your Form DS-260 application. If your priority date is not current, you must wait before it becomes current according to the U.S. Visa Bulletin.
Which gets approved first I-130 or I-485?
If you filed Forms I-130 and I-485 concurrently (at the same time) typically these 2 forms get approved at the same time. If your Form I-485 application is incomplete, USCIS might approve Form I-130 first and then issue an RFE (Request for Evidence). Once you submit the missing documents, Form I-485 will be approved as well.
Is Form I-130 approved without an interview?
USCIS can approve your Form I-130 without an interview.
Parents of US citizens present in the U.S. typically do not attend interviews at the local USCIS field offices.
Most marriage-based applicants physically present in the US attend interviews with their sponsors. Sometimes USCIS can waive the interview requirement for marriage-based applicants as well and Form I-130s are approved without scheduling an interview.
How long does it take to get a green card after I-130 approval?
It depends on your immigration category, on the completeness of your immigration application, and the processing time of USCIS or US Embassy/Consulate.
If you filed Forms I-130 and I-485 together, both forms are usually approved at the same time. In this case, your green card will be delivered to you within 2 weeks.
If you are in the preference category, it can take anywhere from 2 to 17 years (depending your category) before you can actually obtain a green card. Learn more.
Can you visit the US after I-130 is approved?
If you have a valid US visa, you can visit the US after Form I-130 is approved. If you do not possess a valid visa, you will not be authorized to travel to the US based on Form I-130 approval only.
Learn More: