I-130 Filing Requirements
All CIS forms and instructions are readily available on the Internet at our website: http://www.uscis.gov/ We encourage you to use the Internet.
If you are eligible to file an I-130 petition with our office, we request that the petition and all supporting documents be completed as follows before we will accept your filing:
- The I-130 instructions should be read and followed carefully
- The I-130 forms must be fully completed
- A fully completed G-325A form is required from both the US citizen and the Alien Relative (spousal cases)
In addition, we need the originals and one photocopy of certain documents needed to support your filing. We request that you present your petition with one photocopy of all documents used in support of your petition. Doing so will assist us in handling your petition in a timely manner.
If you are filing for a spouse, you will normally require the following documents:
- The US citizen's US passport biographical page
- The US citizen's Certificate of Naturalization, if available
- The Alien Relative's passport biographical page, if available
- The Alien Relative's birth certificate or school leaving certificate, if available
- The certified and registered Marriage Certificate
- Photographs of the wedding ceremony, if available
- If this was a Hindu Marriage and one of the two parties to the marriage is not a native Hindu, the conversion certificate showing conversion to the Hindu religion prior to the date of the marriage
- If either party was previously married, the registered and certified Final Divorce decree and/or Death Certificate, as applicable.
- Passport size photograph for each applicant.
All official original documents must be registered or certified by the appropriate issuing authority. Unless the original document is specifically requested in your case, a legible photocopy may be submitted.
If you have already filed an I-130 petition for this Alien Relative in the US, the US citizen petitioner must provide us with proof that that specific petition has been withdrawn or that processing on that petition has been terminated. We will accept a Notice of Action (form I-797) from US CIS offices to such effect. We will also accept a photocopy of a certified and/or registered letter to the US CIS office processing that petition in which you request termination and/or withdrawal of that petition. Such receipts or letters must note the complete receipt number of the petition filed in the US.
Effective February 2, 2009, I-130 filing fee will no longer be accepted in CASH. You must submit the USCIS fee in the Indian Rupees by demand draft at the Embassy. The demand draft should be made out to the: American Embassy, New Delhi
USCIS fee is not refundable; rupee bank drafts must be drawn on a nationalized or foreign bank. As the rate of exchange can change, we recommend that applicants check the current consular rate of exchange at our website http://newdelhi.usembassy.gov or contact the USCIS Office ahead of their interview to obtain the current consular rate of exchange.
We conduct unscheduled interviews for these I-130 walk-in petition filings and we may not always be immediately available to interview you. Please be prepared to wait for your interview. Your patience and cooperation is appreciated.