Filing Form I-130, Petition for Alien Relative, is the first real step toward keeping your family together. Attorneys typically call this filing the I-130 and it tests the underlying relationship. Once this is filed sent in, a lot of people start asking the same thing — what happens now? As with most things immigration, expect a lot of waiting, especially if your relative is not a spouse or child.
Before you file, it is very important to have a full color copy of your petition saved or kept in your physical files.
Here’s what to expect next and how to keep things moving without stress.
1. The Receipt Notice Arrives
After you file, you’ll get a letter from USCIS called a Form I-797C, Notice of Action.
This is your receipt notice, and it means your case is officially in the system. This is important because it also creates a date critical to understanding when your relative is eligible to file for lawful permanent residency or their green card.
The Notice of Action shows your receipt number, the date USCIS received your petition, and which service center is working on it. While it typically remains with the original service center, you may receive another letter months later informing you that your filing was moved to another service center. Many times, this is due to backlogs at the original service center.
Hold onto this notice — it’s proof of your filing and how you’ll track your case online.
2. USCIS Reviews Your Petition
Next, USCIS reviews your paperwork to make sure your relationship is real and properly documented.
That might include marriage certificates, birth certificates, photos, or anything else that proves your connection. At Brozovich Law, we take these materials very seriously. The photos, birth certificates, letters of support, and other materials help the USCIS Officer understand your family and their unique story.
Processing times vary depending on the service center, but most I-130s take somewhere between 8 months and two years, but with all of immigration, these timelines can change. Under recent USCIS guidance, these relationships are being scrutinized even more heavily than they had before.
You can check your specific timeline anytime on the USCIS website using your receipt number. Often times, the website will inform you that nothing further is needed from you at this time. If the I-130 pends beyond expected processing times, it may be possible to file an inquiry with USCIS.
3. More Information Needed — You Might Get a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID)
If USCIS needs something extra, they’ll send a Request for Evidence — usually asking for documents or clarifications. Attorneys love and hate RFEs. On the one hand, we learn what the Service was looking at when they adjudicated your case, however, the Officer may request documents already provided and delays to your case make the long process even longer. It is important to read thoroughly through the RFE and respond to each request.
An RFE does not mean your case is in trouble; this is just part of the process.
If you receive a Notice of Intent to Deny, however, the Officer believes you are not able to provide the proper evidence for the petition. These are much quicker timelines than RFEs and require care. A Notice of Intent to Deny can be overcome but it requires careful attention to detail and high quality evidence.
The best thing you can do is respond completely. Missing or late responses are one of the most common reasons cases get delayed or denied, and the Trump Administration has been much harder on “missing” or late responses. It is critical to respond within the timeline to avoid significant delays.
If you receive a Request for Evidence or a Notice of Intent to Deny, we are happy to assist. Give us a call or schedule a virtual consultation as soon as possible because the clock continues to tick.
4. The Decision
Once the review is done and all RFE/NOID responses are received, USCIS will typically either:
- Approve the Petition, or
- Deny it (usually because something’s missing or the filing does not meet eligibility).
If it’s approved, your case moves on to the next step — either here in the U.S. or through a U.S. consular post abroad.
The Trump Administration USCIS has stated it may skip the Notice of Intent to Deny phase and outright deny petitions that do not meet the evidentiary burden. Outright denial of an I-130 petition is unfortunate because in those cases you lose all filing fees. Therefore, it is important to file the best petition possible at the beginning.
5A. If Your Family Member is in the United States
If the I-130 is approved, your family member may be able to apply for a green card by filing Form I-485 for Adjustment of Status. However, filing an I-485 improperly for someone who cannot adjust in the United States may lead significant delays, lost filing fees, and may endanger your family member.
Sometimes people file both forms together (the I-130 and I-485), called concurrent filing or a “one-step.” If the I-130 piece is flawed and denied, however, the filing fees for both petitions are lost. There are also pieces of the I-485 that require careful observance of timelines.
If your family member is eligible to adjust in the United States, USCIS will request biometrics and may request an interview. Under the Trump Administration, almost all beneficiaries are required to attend an interview, and — if all goes well — they receive their green card. However, sometimes after the interview stage, USCIS may request additional evidence.
5B. If Your Family Member is Abroad
If your relative lives outside the U.S., your case moves to the National Visa Center (NVC) after approval.
The NVC will contact you and attorney counsel to pay fees, upload civil and financial documents, and choose the embassy or consulate for the visa interview. It is important to respond to NVC communications because the process for abroad family members can be very slow and failure to respond to requests timely may result in abandonment of the I-130 petition.
Your relative abroad will likely receive a request to attend a biometrics appointment and will very likely be required to attend an interview at a local U.S. consular post.
If the Consular Officer approves the petition, your relative will likely be allowed entry and will receive their lawful permanent residence after they have entered the United States.
6. Checking the Status of Your I-130
You can check your case anytime online on the USCIS case status page.
If your case seems stuck beyond normal processing times, you can submit an inquiry with USCIS or contact your local congressperson’s office to help check on it. This requires the case to be beyond normal processing times as determined by USCIS.
Final Thoughts
The I-130 process can take time, and it is easy to feel like you are stuck waiting in the dark. But every notice, update, and small step means progress.
The more you understand what’s happening, the less stressful it feels.
At Brozovich Law, I help families across Colorado and beyond move through this process with clarity and care. Whether you are just getting started or waiting for an update, you deserve honest information and someone who answers your questions.
Book a virtual consultation today — available in English and Spanish.
Let’s make immigration make sense.
This blog post is not legal advice, reading it does not create an attorney-client relationship, and the information we share should only be used for information purposes. All cases are unique and require different nuances. Please reach out to an experienced immigration attorney if you have questions.
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