Who can I file Form I-130 for?
A U.S. citizen may petition for a spouse, children of any age or marital status, and, if at least 21, parents and brothers or sisters. A green card holder may petition only for a spouse and unmarried children; there is no category for a resident's married child. Nobody can petition for a grandparent, grandchild, nephew, niece, uncle, aunt, cousin or parent-in-law. Adopted and step relationships have extra limits: an adoption generally must occur before age 16, with two years of custody and residence, and a marriage creating a step relationship must occur before the child turns 18. If you became a resident through an earlier marriage, a new spouse petition faces a five-year rule with exceptions. Check your relationship against the list in the instructions before you pay, because a petition outside that list cannot succeed.
How long will my relative wait after filing?
The wait depends on the category. Spouses, unmarried children under 21 and parents of adult U.S. citizens are immediate relatives, so they do not wait for a visa number once the petition is approved. Everyone else falls under the family preference categories and waits for the priority date to become current in the Visa Bulletin. Spouses and unmarried children of residents are in this second group. An approved petition is only the first stage. It does not authorize stay or work, so check today whether your relative needs a separate basis to remain. Review the Visa Bulletin monthly, and use the chart USCIS names for that month if your relative will file in the United States. Consular cases move to the Department of State after approval, so keep every address current with both agencies.
What does it cost and how do I file?
Fee schedule G-1055 lists $675 on paper or $625 online, and USCIS's Form I-912 page does not list I-130 for a fee waiver. File one petition for each relative, unless a child or spouse qualifies as a derivative. A citizen filing for a spouse must file separately for shared children. USCIS changed the I-130 filing location on October 7, 2026, and accepts old-address packages only if postmarked by November 9, 2026. A standalone I-130 goes to the Chicago or Phoenix lockbox, depending on where you live; if you file it with Form I-485, use USCIS's lockbox chart for family-based forms instead. Pay by card with Form G-1450 or bank debit with Form G-1650. Answer every question, writing N/A or None where nothing applies. USCIS rejects an unsigned petition and may reject or deny an incomplete one.
What evidence proves a real marriage?
Spouse petitions need the marriage certificate, proof that every earlier marriage ended, and two identical color passport-style photos of the petitioner and of a spouse in the United States, taken within 30 days of filing. Add evidence of a shared life: joint property, a joint lease, combined finances, children's birth certificates, or sworn affidavits from people who know you as a couple, giving each person's full name, address, date and place of birth and how they know you. Do not send originals unless asked, electronic items or graphic photos. Every Russian document needs a full English translation with the translator's signed certification of accuracy and competence. Put the strongest package you can in the first filing, because you may not get a second chance.
What if USCIS doubts the marriage or asks for more?
Do not count on being asked. Under Policy Alert PA-2026-05, in effect since August 5, 2026 for pending and new filings, USCIS may deny a petition that lacks required initial evidence without first sending a Request for Evidence or a Notice of Intent to Deny. If a request does come, 12 weeks is the maximum for a Request for Evidence, not a standard, and 30 days the maximum for a Notice of Intent to Deny. USCIS adds only 3 days for mail and gives no extensions. Send everything together, since a partial response counts as a request for a decision. A finding that a marriage was entered to evade immigration law can permanently block future petitions under INA § 204(c), so never file on a marriage you cannot honestly document. Take any notice to a lawyer the week it arrives.
Should my relative adjust here or go through a consulate?
Part 4 asks where your relative will apply, and the wrong choice can cost years. Adjustment through Form I-485 is for people who meet the entry and visa rules inside the country, and USCIS now treats it as extraordinary relief where consular processing is available. A consulate route is not automatically safer: leaving after more than 180 days of unlawful presence can trigger a three- or ten-year bar, and some people need Form I-601A before departing. Consular access is also unsettled: a federal court vacated the State Department's pause on immigrant visas for nationals of 75 countries on August 21, 2026, the Department then paused interview appointments for public charge training, and other nationality-based travel restrictions may still apply. Check its current notices for your nationality and consulate. Count every day of unlawful presence with a lawyer before your relative buys a ticket.
What if my relative is in removal proceedings?
Filing an I-130 does not itself stop a removal case. If the couple married during proceedings, the instructions bar the petition unless the spouse lived abroad for two years after the marriage or you win the bona fide marriage exemption, requested in writing with the I-130 and proved by clear and convincing evidence. Your relative must keep attending every hearing while USCIS decides, so use the court lookup to confirm the next date. After any move, your relative must file Form EOIR-33/IC with the court within 5 days and update USCIS within 10 days, because hearing notices go to the address the court has. Tell the judge about the petition at the master calendar hearing, and ask how the case will proceed. If an old order exists, a motion to reopen may be the first question. Ace Immigration's removal defense team can coordinate the petition with the court case.