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Form I-130 filing fee 2026: what it is and who pays

The USCIS fee for Form I-130, Petition for Alien Relative, is $675 on paper as at 9 October 2026 (8 CFR 106.2(a)(6)), whichever relative the petition is for. It cannot be waived, filing fees are generally non-refundable, and the I-130 is not on the 16 October 2026 increase list.

Form I-130 is the petition a US citizen or permanent resident files to ask USCIS to classify a relative for an immigrant visa. People search for its fee with a second question attached: whether the amount differs for a spouse, a parent or a sibling, and who is expected to pay. This page answers what the regulation says about both.

The short version is that the regulation lists one amount, $675, and that the I-130 fee is only the first of several government fees on a family case. This page counts the others without telling you which route applies to you. That depends on facts about you and your relative, and a licensed attorney or DOJ-accredited representative is the right person to look at them.

All amounts were read from 8 CFR Part 106 on eCFR at its 1 October 2026 point in time, from 22 CFR 22.1 at the same date, and from USCIS's fee announcements, on 9 October 2026.

The fee

8 CFR 106.2(a)(6) reads: "Petition for Alien Relative, Form I-130. For filing a petition to classify status of a foreign national relative for issuance of an immigrant visa under section 204(a) of the Act. $675."

That is the paper-filing fee. There is no separate line for spouses, parents, children or siblings, so the regulation charges the same amount whichever relative is named in the petition. Searches such as "I-130 fee for parents" or "I-130 fee for a spouse" therefore lead to the same figure.

Because the fee belongs to the petition, it is not tied to the person's immigration status or to how long a relationship has lasted. It is tied to filing the form.

Online filing. 8 CFR 106.1(g) says that unless the rule provides otherwise, a form filed online costs $50 less than the 106.2 amount. The I-130 entry does not say the discount is excluded, so for an I-130 that can be filed online, the rule points to $625. Whether you can file the form online, and the exact amount, are shown on the I-130 page and on USCIS's Form G-1055 fee schedule, which carries an edition date of 10/07/26. Confirm both before paying.

What it does not cover. The $675 is for the petition only. It does not pay for a green card application, a work permit, a travel document, a visa interview abroad, or a lawyer. Those come later and are listed below.

Who pays

The regulation does not say who among a family should fund the fee. What it does say is who the party to the petition is. Under 8 CFR 103.2(a)(3), "A beneficiary of a petition is not a recognized party in such a proceeding." The petitioner is the one who files, signs and is responsible for the fee. The relative the petition is for is the beneficiary.

Two rules follow from that.

  • The petitioner signs. 8 CFR 103.2(a)(2) provides that "An applicant or petitioner must sign his or her benefit request", and that by signing they certify under penalty of perjury that the request and all evidence submitted with it is true and correct. A request that needs a signature and lacks a valid one is rejected under 103.2(a)(7)(ii)(A).
  • The payment must come from the US. 8 CFR 106.1(b): "Fees must be remitted from a bank or other institution located in the United States and payable in U.S. currency." A relative abroad who wants to contribute can give the money to the petitioner, but the payment USCIS receives has to meet this rule.

Who actually supplies the money inside the family is private. It is not a question the regulation answers. What matters for USCIS is that the correct fee arrives with a properly signed form. A separate matter, the Form I-864 affidavit of support, is where the law asks a sponsor to accept a financial responsibility. The I-864 itself has no USCIS fee (8 CFR 106.2(a)(55)). Our guide to the marriage green card and lawyers explains where that fits.

Waivers: not available for the I-130

8 CFR 106.3(a)(3) states that "Only the following fees may be waived" and then lists the forms. The I-130 does not appear on any of those lists. The list that can be waived without further conditions includes the I-90, I-751, N-400, N-600 and several others. The I-485 can be waived only for people exempt from the public charge ground (106.3(a)(3)(iv)).

There is one broader exception. 106.3(a)(3)(iii) covers "any fees associated with the filing of any benefit request" by VAWA self-petitioners and by T, U and certain other humanitarian applicants. A self-petition under INA 204(a)(1) is not the same as a Form I-130 filed by a family member, and whether a particular person falls into that group is a legal question this page cannot answer.

USCIS's fee waiver request is Form I-912, which has no fee (106.2(a)(60)). Under 106.3(a)(2) the request must be in writing, give reasons for inability to pay, and be backed by evidence, and "There is no appeal of the denial of a fee waiver request."

What goes wrong with the fee

Fee problems are among the most avoidable reasons a petition does not move.

Wrong amount. 8 CFR 103.2(a)(7)(ii)(D) says a benefit request will be rejected if it is not "Submitted with the correct fee(s)", and "A benefit request which is rejected will not retain a filing date." If USCIS accepts a request and later decides the fee was wrong, it "may reject or deny the request", and an approval can be revoked on notice (103.2(a)(7)(ii)(D)(1)).

Dishonoured payment. If a cheque or other instrument is returned for insufficient funds, USCIS resubmits it once. If it is returned a second time, "the filing may be rejected or denied" (103.2(a)(7)(ii)(D)(2)). Under 106.1(c), a payment that is not honoured can void the receipt, and the request loses its receipt date.

Old amount. Fees move. USCIS's alert of 30 September 2026 lists four fees that increase for requests postmarked on or after 16 October 2026: the annual asylum fee, the immigration parole fee, the initial I-765 for asylum applicants, parolees and TPS, and the TPS application fee. The I-130 is not among them. But the alert warns that "Any request postmarked on or after Oct. 16, 2026 without the proper filing fee will be rejected." Check the schedule on the day you file.

Refunds. "Filing fees generally are non-refundable regardless of the outcome of the benefit request, or how much time the adjudication requires, and any decision to refund a fee is at the discretion of USCIS" (8 CFR 103.2(a)(1)(v)).

Paying the wrong person. Anyone who asks you to pay the I-130 fee by gift card, a money app or to a personal account is not collecting a USCIS fee. See immigration scam warning signs.

Government fees on the rest of a family case, counted

The I-130 is often only the first step. The fees that may come next depend on whether the relative will apply from inside the United States or at a US consulate abroad. This section counts them. It does not say which path applies to anyone.

If the relative applies for a green card inside the US (Form I-485):

| Item | Fee | |---|---| | I-130 | $675 | | I-485, age 14 or older | $1,440 | | Total for these two | $2,115 | | I-765 work permit filed with the I-485 (filed with a fee after 1 April 2024) | $260 | | I-131 advance parole | $630 | | I-864 affidavit of support | No USCIS fee |

The I-765 amount comes from 8 CFR 106.2(a)(44)(i), the I-131 from 106.2(a)(7)(iii), and the I-485 from 106.2(a)(21)(i). With the work permit and advance parole added, the USCIS fees for one adult come to $3,005 on paper. Not every applicant files every form, and the I-485 has its own fee rules covered on our I-485 fee page.

If the relative applies for an immigrant visa abroad:

| Item | Fee | |---|---| | I-130 (USCIS) | $675 | | Immigrant visa application processing, immediate relative and family preference (State Department, per person) | $325 | | Affidavit of support review, if reviewed domestically (State Department) | $120 | | USCIS immigrant fee, after the visa is issued | $235 |

The State Department figures come from 22 CFR 22.1, items 32(a) and 34, and the immigrant fee from 8 CFR 106.2(c)(3). Together, for one person on paper and with the affidavit review, that is $1,355. Medical examination costs, document costs and any lawyer's fee are outside these figures.

A petition to bring in a fiancé(e) is a different form, the I-129F, also $675 (106.2(a)(5)). There is no fee for a K-3 spouse who is the beneficiary of an I-130 filed by a US citizen. Our K-1 lawyer page covers that route.

If the petition is questioned or denied

A petition can draw a Request for Evidence or a Notice of Intent to Deny. Under 8 CFR 103.2(b)(8)(iv), the deadline in an RFE can never exceed twelve weeks, and in a NOID can never exceed thirty days. "Additional time to respond to a request for evidence or notice of intent to deny may not be granted."

If the petition is denied, a USCIS decision can be appealed or reconsidered by filing Form I-290B. The USCIS fee is $800 (106.2(a)(16)) and the form must generally be submitted within 30 days after service of the decision (8 CFR 103.3(a)(2)). The I-290B fee is separate from the I-130 fee and is not credited against it. There is no fee for conditional permanent residents who filed a waiver of the joint filing requirement based on battery or extreme cruelty and are appealing the denial of their I-751.

These are the points at which people most often consult a lawyer. Why that is, and what is and is not within a lawyer's scope, is covered on do I need an immigration lawyer and in questions to ask at a consultation.

Where the fee sits next to a lawyer's fee

The USCIS fee is separate from whatever a lawyer charges. Some lawyers quote their own fee only and list government fees separately, others give an all-in figure. Ask which. Our page on immigration lawyer cost explains the structures and the rules about trust accounts and refunds. We do not quote lawyer price ranges, because we hold no first-party price data.

If you cannot afford a lawyer, DOJ-recognized organizations may be able to help; see no-cost and low-cost help. The full set of fees is on our USCIS fees page.

Find an attorney or accredited representative

See attorneys and accredited representatives in the Migratio directory. Listings are shown in a neutral order with factual filters only (state, language, practice area, attorney or accredited representative). Migratio does not recommend, rank or match any lawyer.

Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

Migratio is not a law firm and does not give legal advice. Only a licensed attorney or a DOJ-accredited representative can advise you.

Questions people ask

What is the I-130 filing fee in 2026?

$675 on paper as at 9 October 2026, under 8 CFR 106.2(a)(6). Forms filed online cost $50 less unless the rule says otherwise (8 CFR 106.1(g)). The I-130 is not on USCIS's list of fees increasing on 16 October 2026. Check Form G-1055 before you pay.

Is the I-130 fee different for a parent, spouse or sibling?

No. The regulation lists a single amount for the petition, whichever relative it names. Other fees later in the process can differ by person, such as the I-485 for a child under 14 filing with a parent.

Who pays the I-130 fee, the petitioner or the relative?

The petitioner files and signs the form and the beneficiary is not a party to the petition (8 CFR 103.2(a)). The regulation does not say who funds the fee within the family. It does require that the payment come from a US bank or institution in US currency (8 CFR 106.1(b)).

Can the I-130 fee be waived?

The I-130 does not appear on the lists of waivable fees in 8 CFR 106.3(a)(3). Self-petitioners under VAWA and certain humanitarian applicants are covered by a separate provision. Whether that applies to a person is a legal question for an attorney or accredited representative.

Do I get the I-130 fee back if the petition is denied or withdrawn?

Generally no. 8 CFR 103.2(a)(1)(v) says filing fees generally are non-refundable regardless of the outcome, and any refund is at USCIS's discretion.

What other government fees follow the I-130?

For an applicant inside the US, an I-485 ($1,440 for age 14 or older) and often a work permit and travel document. For an applicant abroad, a $325 State Department application fee, a possible $120 affidavit review and a $235 USCIS immigrant fee. The I-864 has no USCIS fee.

Sources

Last checked 2026-10-09.

Related guides

  • USCIS fees, October 2026: every main form — As at 9 October 2026 the paper fee is $675 for the I-130, $1,440 for an adult I-485, $520 for a standard I-765, $750 for the I-751 and $760 for the N-400. Four fees rise on 16 October 2026, EB-5 fees change on 30 November 2026, and several changes are only proposed.
  • Form I-485 fee 2026: adults, children and add-on forms — As at 9 October 2026 the paper fee for Form I-485 is $1,440 for an applicant 14 or older and $950 for a child under 14 filing with a parent (8 CFR 106.2(a)(21)). A fee waiver is available only to people exempt from the public charge ground, and related forms carry their own fees.
  • Form I-765 fee 2026: $520, $260, $570 or no fee — The standard paper fee for Form I-765 is $520 (8 CFR 106.2(a)(44)). It is $260 with a pending I-485 filed with a fee after 1 April 2024, some groups pay nothing, and a statutory fee applies to initial asylum, parole and TPS work permits, rising from $560 to $570 on 16 October 2026.
  • Do I need a lawyer for a marriage green card? — No rule requires one. A spouse filing inside the US pays $675 for the I-130 and $1,440 for the I-485 (age 14+). If the green card is granted on a conditional basis, the I-751 must be filed in the 90 days before its second anniversary, or permanent residence ends automatically.
  • Do I need a lawyer for a K-1 fiancé(e) visa? — No rule requires one. The K-1 runs in three stages: the I-129F petition ($675), the State Department K visa ($265), and, after the wedding, the I-485 green card application ($1,440 at 14+). The couple must have met in person within two years before filing, and the marriage must take place within 90 days of entry.
  • How much does an immigration lawyer cost? — There are two bills: the lawyer's fee, which each lawyer sets (flat, hourly or per consult) and must explain to you, and the government filing fees, which are fixed by regulation. A marriage green card filed inside the US, for example, carries $2,115 in USCIS fees for the I-130 and I-485 alone, before any lawyer's fee.
  • Immigration scams: warning signs and where to report them — Only attorneys and DOJ-accredited representatives may give immigration legal advice, USCIS forms are available at no cost on its website, and USCIS does not take payment by gift card or by apps such as Venmo. If you have paid a scammer, report to the FTC and your state consumer protection office.