Which petition do I file, and what does it cost?
A citizen or green card holder files Form I-130 for a qualifying relative: $675 on paper or $625 online. An employer generally files Form I-140 for a worker. Form I-360 covers widows and widowers, certain special immigrants and VAWA self-petitioners; the general fee is $515, but a VAWA self-petition costs $0. USCIS changed the Form I-130 and Form I-360 filing locations on October 7, 2026, so check the Direct Filing Addresses page. A petition is not a request to live in the United States. It asks USCIS to confirm a relationship or classification. Fees must be correct, or USCIS rejects the filing. Use the current edition listed on the form's page, and keep a full copy of what you send, since later forms will be compared with it.
What does an approved petition actually give me?
Approval under § 204(b) means USCIS investigated and accepted that the facts are true and the category fits. It does not give status, work permission or protection. USCIS guidance states that a family petition accords no immigration status and does not bar removal, and that USCIS may issue a Notice to Appear if it finds the beneficiary removable. The next step depends on your category and location. Immediate relatives may apply on Form I-485 if they qualify under INA § 245. Preference relatives wait for their date under INA § 203. Others process through a U.S. consulate. A petition filed for someone without status can draw attention to that person, so have a lawyer check the risks first. A petitioner may withdraw before the beneficiary is admitted or adjusted, so a family conflict can end the case.
I got my green card through marriage. Can I sponsor a new spouse?
There is a 5-year rule. Section 204(a)(2) stops USCIS from approving a second preference spouse petition if you got residence through an earlier marriage to a citizen or resident and less than 5 years have passed since you became a resident. There are two ways around it. You can prove by clear and convincing evidence that the earlier marriage was not entered into to evade immigration law, or show that it ended through the prior spouse's death. Clear and convincing is a heavy standard, and a failed attempt leads to denial. USCIS may also start removal proceedings based on what it learns, so do not file casually. The regulation suggests joint property, leases, shared finances, children's birth certificates and sworn statements from the earlier marriage. If you cannot prove it, waiting out the 5 years or naturalizing may be safer; ask a lawyer.
We married while I am in removal proceedings. Can USCIS still approve?
Usually not, unless you meet an exemption. Section 204(g) blocks approval when the marriage took place on or after November 10, 1986, while proceedings were pending, until the beneficiary has lived abroad for 2 years after the marriage. The main exemption, in INA § 245(e)(3), requires clear and convincing evidence that the marriage is genuine, was valid where it took place, was not entered into to obtain immigration benefits, and involved no payment other than to a lawyer. Other exemptions apply if proceedings ended or the judge found the person not removable. Mark the exemption clearly when you file and send strong proof at the outset: shared home, money, children and history. Do not skip court while the petition is pending. Ask at your master calendar hearing how the judge wants the case to proceed.
What if my petitioner dies, or abuses me?
Death does not always end a case. Under § 204(l), someone who lived in the United States when the qualifying relative died, and still lives here, can have a pending or approved petition decided unless USCIS finds that approval would not be in the public interest. Write to USCIS promptly with the death certificate and proof of residence. A citizen's widow or widower has a separate route. If the spouse filed Form I-130 before dying, USCIS converts it to a Form I-360, so nothing new is filed; just notify USCIS. If no I-130 was filed, file Form I-360 within 2 years of the death. Remarrying generally ends this route. If a citizen or resident spouse or parent abused you, § 204(a) lets you file alone, and you do not need the abuser's cooperation or signature. The self-petition is subject to the fake marriage rules. Plan for a safe mailing address.
My petition was denied. What are my options?
Read the denial for the appeal instructions, because the deadline is short. An I-130 denial is generally appealed to the Board of Immigration Appeals on Form EOIR-29, filed with the DHS office named in the notice within 30 days of service. The fee is $1,060. For many other petitions the route is Form I-290B, with a general fee of $800. Sometimes filing a new, better-documented petition is stronger than appealing, but check first for a finding under INA § 204(c), which blocks later petitions too. Before relying on adverse information you did not know about, USCIS must give you a chance to answer it. If you receive a notice of intent to deny, answer by the date printed on it: the maximum is 30 days, plus 3 if it was mailed, and USCIS may not extend it. Ace Immigration can review the notice and your record; contact us through family immigration.