Overview (What is I-140 used for?)
#I-140 (Immigrant Petition for Alien Worker) is an official USCIS form. This petition initiates the process for a qualifying relative or beneficiary to seek immigration benefits. The petitioner must demonstrate their own status and the qualifying relationship with the beneficiary.
What USCIS is really evaluating (I-140)
#I-140 focuses on petitioner status proof, relationship evidence sufficiency, and consistency across civil documents and the petition. Reviewers verify the petitioner qualifies and the relationship is genuine.
Context & workflow (How does I-140 fit into the case?)
#File this petition to establish the qualifying family relationship. After approval, the beneficiary proceeds through adjustment of status (if in the U.S. and eligible) or consular processing (if abroad).
Who uses it
U.S. citizens and lawful permanent residents use this form to petition for eligible family members who want to immigrate to the United States. The petitioner (sponsor) files this form on behalf of the beneficiary (the relative).
When it is used
- To initiate the immigration process for an eligible family member
- To establish the qualifying relationship category for the beneficiary
- When a U.S. citizen or lawful permanent resident wants to sponsor a relative
Failure prevention (Why petitions are rejected or delayed)
#Technical rejections
- Verify form edition is current (check USCIS website)
- Confirm all required signatures are present and legible
- Confirm fee amount using the official fee schedule for your filing method
Substantive weaknesses
- Names and dates are consistent across all forms and supporting documents
- Relationship evidence matches the claimed category (spouse, parent, child, sibling)
- Petitioner status proof (citizenship/LPR) is current and valid
- All foreign language documents include certified translations
- Name change documentation is included if names differ between documents
Eligibility signals
#- U.S. citizens petitioning for eligible family members
- Lawful permanent residents petitioning for certain family members
- The petitioner must demonstrate their own status and relationship to the beneficiary
What it asks for (What fields and questions appear on I-140?)
#- Petitioner eligibility and status information
- Beneficiary biographical data
- Relationship evidence between petitioner and beneficiary
- Supporting documentation checklist
- Declaration and certification signatures
What you need before you start (What should you gather before I-140?)
#- The current edition of I-140
- Proof of your own immigration status (citizenship certificate, passport, or green card)
- Evidence of the qualifying relationship
- Beneficiary identification documents and photographs
- Marriage and/or birth certificates as applicable
- Proof of legal termination of any prior marriages
Evidence checklist (Which documents should you prepare for I-140?)
#- Proof of petitioner status (birth certificate, naturalization certificate, passport, or green card copy)
- Proof of relationship (marriage certificate, birth certificates showing family connection)
- Beneficiary identification documents (passport biographic page, birth certificate)
- Passport-style photographs if required by instructions
- Evidence of legal name changes if applicable (court orders, marriage certificates)
- Translation of any documents not in English
Checklist (What are the key steps before filing I-140?)
#- Download the current I-140 and instructions from the official website
- Gather proof of your status (citizenship certificate, passport, or green card)
- Collect evidence of your relationship to the beneficiary
- Obtain beneficiary biographical information and documents
- Prepare marriage/birth certificates as applicable
- Complete all sections about petitioner and beneficiary
- Sign and date the form
- Organize supporting documents in the order listed in instructions
- Make copies of everything before mailing
Fees (verify before filing)
#Fees change over time and can vary by category. Verify the latest schedule before filing.
USCIS filing feesCommon mistakes (What errors delay I-140 petitions?)
#- Submitting an outdated form edition
- Missing required signatures or dates
- Inconsistent information across submitted documents
- Insufficient evidence of the claimed relationship
- Petitioner status documentation not current
- Omitting required derivative beneficiaries
Examples (What does a strong I-140 submission look like?)
#- Strong application: Complete evidence package with certified translations
- Strong application: Consistent names and dates across all documents
- Strong application: Clear documentation of petitioner eligibility
- Common weakness: Relationship evidence gaps or inconsistencies
- Common weakness: Petitioner status documentation expired or missing
- Common weakness: Beneficiary biographical data conflicts with passport
Common misconceptions (What do people often misunderstand about I-140?)
#- Filing this form does not guarantee approval of the underlying case
- Petition approval does not grant immigration status to the beneficiary
- The beneficiary must still complete their own application process
- Relationship claims are independently verified by the agency
How this guide is built (Where this I-140 guidance comes from)
#This guide is based on official instructions for I-140. Review the current form and instructions for the most accurate information.
FAQs
Why does USCIS need the information requested on I-140?
I-140 initiates a request for immigration benefits for a qualifying relative or beneficiary. It establishes the petitioner's status and the relationship with the beneficiary. Approval of the petition is the first step; the beneficiary must still complete their own application process.
What other forms are typically filed together with I-140?
Forms often filed together with I-140: I-907 (premium processing for faster adjudication). After I-140 is approved: I-485 (adjustment of status after priority date is current); I-765 (eAD while I-485 is pending). Review the official I-140 instructions for your specific situation.
What happens if I-140 is incomplete or deficient?
If I-140 is incomplete or deficient, it may be rejected or returned without processing. Common issues that cause rejection include missing signatures, incorrect fees, or incomplete required sections. If the petition is accepted but later found to lack sufficient evidence, you may receive a Request for Evidence (RFE) asking for additional documentation.
What are the most common errors when completing I-140?
Common issues with I-140 include: • Insufficient evidence of the claimed relationship • Inconsistencies between the petition and supporting documents • Missing information about derivative beneficiaries • Petitioner status documentation not current Carefully organize your evidence package to address each requirement.
Does I-140 guarantee approval of my case?
No, I-140 approval does not grant immigration status to the beneficiary. It only establishes that the petitioner and the relationship qualify. The beneficiary must still complete their own application process and meet all requirements independently.
At what point in the immigration process is I-140 typically filed?
I-140 is filed as the initial step in sponsoring a relative for immigration. After approval, the beneficiary enters a queue (if applicable) and then completes their own application. The petition must be approved before the beneficiary can proceed with the next steps.
What do people often get wrong about I-140?
A common misconception is that petition approval means the beneficiary can immediately immigrate. In reality, approval only establishes eligibility for the next step. The beneficiary must still apply for a visa or adjustment of status separately, which has its own requirements and processing.
VisaMind provides informational guidance only and is not a government agency. This is not legal advice. Requirements can change and eligibility depends on your specific facts. If your case is complex or high-stakes, consult a licensed immigration attorney.
Requirements vary by nationality, purpose, timeline, and case details. VisaMind turns uncertainty into a sequenced checklist with official source citations.
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