I-130 Petition for a Child: Complete Document Checklist and Proven Filing Tips
franklin Roldan
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June 29, 2025
Filing an I-130 Petition for Alien Relative on behalf of a son or daughter—minor or adult—sets every later step of the immigration process in motion. A rock-solid petition reduces Requests for Evidence (RFEs) and keeps your child’s place in line secure. Below is the same checklist we use at JLW Immigration Law Group so you know exactly which documents to gather and how to handle tricky parent-child relationships.
Why the I-130 Matters for Children
Establishes the parent-child relationship in U.S. immigration records.
Locks in the child’s priority date—vital when backlogs exist.
Determines the preference category (unmarried child of LPR vs. married child of U.S. citizen, etc.). A single clerical error can misclassify the case and add years to the wait.
Identity Documents (Petitioner & Beneficiary)
Petitioner (U.S. citizen / LPR)
Child Beneficiary
U.S. passport or naturalization certificate or green card (front & back)
Passport (even if expired)
Birth certificate (long-form)
Birth certificate (long-form)
Government photo ID (driver’s license)
I-94 record & visa page (if any)
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EAD card (if any)
Must-do: Scan every document in color, 300 dpi, and save as a searchable PDF named like Petitioner_Passport.pdf.
Parents’ marriage certificate dated before the child’s birth.
Divorce decree (if parents have ever been divorced).
Death certificate if a spouse/parent is deceased.
B. Child Born Out of Wedlock
Petitioner is the Mother
Petitioner is the Father
Birth certificate usually suffices.
USCIS demands extra proof for fathers:
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• DNA test (laboratory-to-laboratory chain of custody) or
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• Evidence of ongoing parental relationship – Photos over time – Wire receipts / child-support records – School or medical forms naming father
Tip: A voluntary DNA test is the fastest, cleanest path for fathers; results silence and satisfy most RFEs about the valid parental relationship.
Special Rules to Remember
Marital Status Matters
Lawful Permanent Residentscannot file for married children. A beneficiary’s wedding terminates the petition.
U.S. citizens may file for children whether single or married, but married sons/daughters fall into a preference category with longer wait times (F-3).
Step-Children & Adopted Children
Step-child: Marriage creating the step-relationship must occur before the child’s 18th birthday. Provide marriage certificate + proof of continuous relationship.
Adopted child: Adoption must be finalized before age 16 (or 18 in some sibling cases); include the full adoption decree and evidence the child lived in your legal custody for two years before the I-130 is filed.
Kids of the Beneficiary Include each grandchild’s birth certificate—their derivative green-card eligibility rides on the parent’s I-130.
Building a Flawless I-130 Packet
Use USCIS fillable PDF—typed info is better than handwriting.
Certified translations for every page of non-English items.
Double-check dates & names—mismatched middle initials or dates spawn RFEs.
Cover letter summarizing included evidence makes the officer’s job (and yours) easier.
Frequently Asked Questions (FAQ)
Can I file while my child is in the U.S. unlawfully? Yes. The I-130 can be approved, but gaining residency may require waivers and/or consular processing—consult counsel early to determine case strategy.
Do college transcripts or tax returns help? They are optional; USCIS focuses on legal civil documents. Include only if they shore up an out-of-wedlock case.
How long until my adult child receives a visa? Varies by category and country. Check the Visa Bulletin monthly—the priority dates listed there indicate which cases are currently eligible, giving you an idea of your expected time frame.
What if I’m naturalizing soon? File now. Once you become a citizen, notify USCIS/NVC; the case will automatically convert to the faster category.
Should I send original documents? Never—submit copies unless USCIS later issues a specific request to see originals at interview.
You can see all the information in video
Secure Your I-130 Child Petition Approval—Start Today!
Our immigration law firm in Austin has specialists who, regardless of your situation, can provide the guidance needed to help you legally fight for your right to remain in the United States. Contact us now.
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