You've decided to petition for your family member — spouse, child, father, mother, or sibling. Form I-130 is the first step, and it almost never gets stuck on "eligibility." It gets stuck on a missing document. Wrong paperwork, a certificate without a translation, a copy where the name doesn't match: each of those gaps turns into a Request for Evidence (RFE) or a rejection — and then you lose weeks or months in a process that is already long. This article is the checklist of what you organize before you start.
What the I-130 asks for
The I-130 (Petition for Alien Relative) exists to prove two things to USCIS: that you, the petitioner, have the status that gives you the right to petition, and that the family relationship with the beneficiary is real and legally valid. When the petition is for a spouse, Form I-130A (Supplemental Information for Spouse Beneficiary) is also required, filled out by the spouse being petitioned for. Always download the current edition of the form directly from uscis.gov/i-130 — an expired edition is rejected at intake, without anyone looking at the merits. And any document in Portuguese needs a certified translation into English.
What changes for you
What to set aside, by group:
1. Proof of your status (petitioner). If you are a U.S. citizen: a copy of your valid U.S. passport, or your U.S. birth certificate, or your naturalization/citizenship certificate. If you are a permanent resident: a copy of both sides of your green card (Form I-551).
2. Proof of the relationship — this changes depending on the family tie.
- Spouse: marriage certificate + I-130A + proof that the marriage is bona fide (joint account statements, a lease or deed in both names, insurance policies with one listed as the other's beneficiary, birth certificates of children in common, photos together over time). If either of you was married before, you'll also need the divorce or death certificates that ended those prior marriages.
- Child: the child's birth certificate showing the name of the petitioning father or mother.
- Father or mother: you must be a citizen and 21 or older; include your own birth certificate showing the name of the parent you are petitioning for.
- Sibling: citizen 21 or older; your birth certificate and your sibling's, showing at least one parent in common.
3. Proof of a name change. If a name on any document doesn't match (marriage, court order), include the document that explains the change — for both sides, petitioner and beneficiary.
4. Certified translations. Every Brazilian certificate (birth, marriage, divorce) goes in in English, accompanied by the translator's statement certifying that the translation is complete and accurate and that they are competent to translate from Portuguese. Without that statement, the document doesn't count.
5. When the certificate doesn't exist. If the registry office doesn't issue it or the document was lost, USCIS accepts a letter from the competent authority confirming its unavailability, plus secondary evidence (a baptismal record made at the time, school records, affidavits from people with direct knowledge). It's not "any paper will do" — it's a ladder of evidence with its own rules.
In practice
- Build two separate stacks from the start: petitioner documents and beneficiary documents. A good share of RFEs come from mixing the two or from one side being incomplete.
- Get a quote for the certified translation early — it's the most common bottleneck and what delays Brazilians the most. Every certificate in Portuguese needs one.
- Before printing, confirm the current edition of the I-130 at uscis.gov: the wrong version comes back without any review of the merits.
Organizing this paperwork is exactly what Prime does with you: we prepare and review the documents. What Prime does not do is decide whether you are eligible or represent you — that's for a licensed professional. This article is general and doesn't decide anything about your situation.
Sources
- USCIS — Form I-130, Petition for Alien Relative
- USCIS — I-130/I-130A Instructions (PDF)
- Boundless — Form I-130, Explained
Educational information, not legal advice. Prime Immigration Office is a paralegal service — document preparation only. For legal advice, consult a licensed Texas attorney or DOJ-accredited representative.