I-130 Petition: Essential evidence for a Swift Approval

Filing the I-130 Petition for Alien Relative is the very first step toward reuniting or legalizing the status of families in the United States. Submitting it correctly—backed by the right evidence— prevents delays, avoids Requests for Evidence (RFEs), and, most importantly, brings your loved ones home sooner. Below is the same checklist my firm provides to clients so you know precisely which documents to gather and how to prove your family relationship meets U.S. immigration law requirements.

What Does USCIS Look for in Every I-130?

An adjudicating officer must confirm three core elements:

1. Clear identity of both the petitioner (U.S. citizen or lawful permanent resident) and the beneficiary.
   
2. Legally valid family relationship between the two individuals.
   
3. Good-faith relationship (applies to marriages and, at times, to father–child petitions where the parents were never married).
   

If strong evidence for any of these pillars is missing, your petition risks denial or lengthy delays.

At JLW Immigration Law Group, we have specialists in Adjustment of Status lawyers in Austin. We invite you to learn more about these services.

Proving Identity

Submit legible copies and, whenever needed, certified English translations.

Pro tip: Scan documents in high resolution and label each file clearly—e.g., “Petitioner_Passport.pdf”—to make the officer’s review easier.

Proving the Family Relationship

Marriage

• Civil marriage certificate (required).
  
• Divorce decrees or annulments for any prior marriages of both spouses.
  
• Death certificate if a former spouse is deceased.
  

Parent–Child

• Child’s birth certificate listing both parents.
  
• Parents’ marriage certificate (if applicable).
  
• DNA test if the father is not listed on the birth certificate or no marriage exists.
  

Siblings, Grandparents & Others

• Chain of birth certificates linking each generation and proving the direct relationship.
  

Important: The relationship must be legally recognized; religious ceremonies or common-law unions without a lawfully valid certificate will not suffice.

Proving a Good-Faith Marriage

USCIS must be convinced your marriage is not for immigration benefits alone. Present a variety of documents that tell a consistent story:

• Joint tax returns.
  
• Bank statements or credit card accounts in both names.
  
• Lease agreement or property deed showing joint residence or co-ownership.
  
• Insurance policies (health, auto, life) listing each other as beneficiaries.
  
• Birth certificates of children born to the couple.
  
• Joint utility bills or money transfers between spouses.
  
• Photos together over time and in different settings (limit 10–15 with short captions).
  
• Notarized affidavits from family and friends attesting to the relationship.
  

Note for newlyweds: If you have not been married long, you may not have everything on this list. That’s ok! File your I-130 and continue collecting documents while it’s in line for processing. If you file your I-130 online, you can upload additional evidence as you get it. If you file by mail, you can send in your additional evidence if or when you get an RFE.

Building a Rock-Solid Packet

1. Custom checklist. Tick off every document before mailing.
   
2. Certified translations for any document not in English.
   
3. Tabbed dividers and sticky notes to separate sections (Identity | Relationship | Good Faith).
   
4. Copies, not originals—unless USCIS specifically requests them.
   
5. Final review for consistency in names, dates, and document numbers.
   

Frequently Asked Questions About the I-130 Petition

• How long does I-130 approval take?
  Typically 12–15 months at most service centers, though a well-documented petition can shorten the timeline.
  
• Can I use social-media screenshots as evidence?
  Yes—if they clearly show dates and names. Print them and add a brief note explaining context.
  
• What if I’m missing a key document (e.g., an overseas divorce decree)?
  Provide a certificate of non-availability, notarized statements, and secondary evidence. Consult an attorney before filing to avoid an RFE.
  
• Do all foreign documents need certified translations?
  Yes. Every non-English document must include a certified English translation pursuant to 8 C.F.R. § 103.2(b)(3).
  

Get Your I-130 Petition Approved and Reunite Your Family Faster!

A complete, well-organized I-130 is the smartest investment you can make to minimize delays and obstacles. If you need professional guidance—from the initial checklist to federal appeals—our team is ready to stand beside you.

Book a confidential consultation today

Call us (512) 633-1785 or schedule online at jlw.law. Because U.S. immigration law is federal, we proudly serve clients nationwide.

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By Jennifer Walker Gates, Attorney Certified in Immigration & Nationality Law (Texas Board of Legal Specialization)