If you want to bring a spouse, child, parent, or fiancé(e) to the United States, or to finalize permanent residence for a loved one already there, an experienced family-based immigration lawyer turns a ton of forms and rules into a clear plan.
This guide covers the main pathways (I-130 plus adjustment of status vs. consular processing), financial sponsorship, work and travel while a case is pending, common waivers, conditional residence, and how the monthly Visa Bulletin affects timing.
Family Immigration at a Glance
Most family cases run in two stages. First, you establish the relationship with Form I-130, Petition for Alien Relative, usually filed with U.S. Citizenship and Immigration Services (USCIS). You can find the current form and instructions on the USCIS page for Form I-130, Petition for Alien Relative.
Approval confirms the qualifying family tie and opens the door to the green card stage when a visa is available.
- Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents) are not subject to annual quotas.
- Most other family members fall under capped family-sponsored preference categories and must track the Department of State’s monthly Visa Bulletin for backlogs and cutoff dates.
Stage 1: Proving the Relationship (Form I-130)
Your lawyer will assemble civil documents such as marriage and birth certificates, proof of legal name changes, and prior divorce decrees if they exist.
For marriage cases, expect detailed evidence of a real relationship—for example, joint leases, tax returns, bank accounts, children’s birth certificates, and photos over time.
In most situations, U.S. sponsors file the I-130 with USCIS first, and only after approval does the case move on to the green card stage, either inside the U.S. or through a consulate abroad.
Stage 2A: Adjustment of Status in the U.S. (Form I-485)
If the family member is in the United States and eligible, the green card step is Form I-485, Application to Register Permanent Residence or Adjust Status. You can see the current form and instructions on the USCIS page for Form I-485, Application to Register Permanent Residence or Adjust Status.
In many immediate-relative cases, you can file I-130 and I-485 together (concurrent filing) when a visa is “immediately available.” Each month, USCIS announces which Visa Bulletin chart—Final Action Dates or Dates for Filing—controls domestic filings, so timing matters.
Work and Travel While Your Case is Pending
Adjustment applicants often apply for Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document (advance parole) together with or after the I-485. The current versions are on the USCIS pages for Form I-765 and Form I-131.
Travel abroad without approved advance parole can abandon a pending I-485 in many situations, so you should always discuss any trip with counsel before leaving the United States.
Stage 2B: Consular Processing Abroad (NVC and the Embassy)
If the family member will process overseas, the approved petition is forwarded to the National Visa Center (NVC). There, you pay fees, submit civil documents, upload the Affidavit of Support, and complete the DS-260 online immigrant visa application before the consular interview.
The Department of State explains these steps on its DS-260 and CEAC guidance page at travel.state.gov.
Financial Sponsorship: The I-864 Contract
Most family-based applicants must file Form I-864, Affidavit of Support, a binding contract in which the sponsor (and, if necessary, a joint sponsor) promises to maintain the intending immigrant at 125% of the Federal Poverty Guidelines. USCIS publishes the current form, instructions, and poverty-guideline chart on the page for Form I-864, Affidavit of Support Under Section 213A of the INA.
A careful lawyer will correctly calculate household size, count income, and choose whether a joint sponsor or household member’s income is needed to avoid delays or requests for evidence.
K-1 Fiancé(e) Route (When You are Not Yet Married)
U.S. citizens can choose the K-1 fiancé(e) visa path using Form I-129F, Petition for Alien Fiancé(e), instead of marrying first and filing an I-130. You can see form instructions on the USCIS page for Form I-129F, Petition for Alien Fiancé(e).
After K-1 entry, the couple must marry within 90 days. The foreign spouse then files I-485 in the United States. A lawyer will compare K-1 versus going straight to a marriage-based green card based on travel needs, timing, the beneficiary’s current status, and evidence.
Waivers and Tricky Histories (Form I-601A and More)
Some applicants are inadmissible because of prior unlawful presence or other grounds. In narrowly defined scenarios, certain family members who must consular process can seek a provisional unlawful presence waiver before leaving the United States using Form I-601A, Application for Provisional Unlawful Presence Waiver, described on the USCIS page for Form I-601A, Application for Provisional Unlawful Presence Waiver.
This waiver is only available when unlawful presence is the main problem and when specific eligibility rules are met. A family-immigration lawyer will screen carefully for waiver options early, so you are not surprised at the consular interview.
Conditional Residence and the I-751 Filing Window
If a marriage-based green card is approved within two years of the wedding, the spouse becomes a conditional permanent resident and receives a two-year card. Before that card expires, you must file Form I-751, Petition to Remove Conditions on Residence, during the 90-day window before expiration. The current requirements are explained on the USCIS page for Form I-751, Petition to Remove Conditions on Residence.
If the marriage has ended or there was abuse, certain waivers of the joint-filing requirement may be available. Filing late usually requires a written explanation that shows good cause and extenuating circumstances.
How the Visa Bulletin Affects Timing
For family-preference categories, the priority date (your I-130 filing date) must be current under the monthly Visa Bulletin before the case can finish.
- Inside the U.S., USCIS announces which chart controls I-485 filings that month.
- Outside the U.S., NVC and consulates schedule interviews when the Final Action Date is current for the applicant’s category and country.
Backlogs can move forward, stall, or even retrogress, so part of your lawyer’s job is to track the Bulletin and time major steps accordingly.
What Does a Good Family-based Immigration Lawyer Do?
A good immigration and family lawyer will:
- Map eligibility and sequence. They confirm who can be sponsored, choose between adjustment of status and consular processing, check for concurrent-filing options, and forecast likely interview needs and timelines.
- Organize evidence. Expect a detailed checklist for bona-fide marriage proof, civil documents, translations, and a clean I-864 strategy, including joint sponsors if needed.
- Plan for work and travel. They coordinate I-765 and I-131 so you can work and, where possible, travel without endangering your I-485.
- Screen for waivers. Early spotting of unlawful presence or other grounds of inadmissibility allows you to pursue an I-601A or other waivers when appropriate instead of discovering problems at the consulate.
- Navigate NVC and CEAC. For overseas cases, they upload the right files, monitor status messages, and prepare you for the consular interview.
- Track post-approval obligations. They calendar the I-751 window and help prepare a joint filing or an appropriate waiver package with supporting evidence.
Choosing the Right Attorney: Quick Checklist
When you are interviewing lawyers, ask:
- Do they regularly handle family-based cases? Look for recent experience with I-130s, I-485s, consular processing, I-751s, and—if relevant—I-601A waivers.
- Can they explain this month’s filing rules? They should be able to describe how USCIS is using the Visa Bulletin for adjustment filings right now.
- Are they comfortable with I-864 strategy? They should have a clear plan for household size, income calculations, and joint-sponsor documentation.
- Do they give straight answers on work and travel? You want clear guidance on advance parole, EADs, and the risks of travel while adjustment is pending.
- Do they have a system for conditional residents? Ask how they make sure I-751 is filed on time, especially if the marriage is struggling or has ended.
FAQs
Can we file I-130 and I-485 together? Often yes, for immediate relatives in the U.S., if a visa is immediately available and you otherwise qualify. You must always check the current USCIS guidance and the chart in use before filing.
What if my income is too low to sponsor? A joint sponsor can sometimes file a separate I-864 to meet the financial requirement. Your lawyer will document household size, income, and tax evidence so the case can be approved.
Do I need advance parole to travel during adjustment of status? In many cases, yes. Leaving the U.S. without approved advance parole can abandon a pending I-485. There are exceptions, so you should confirm the specifics with your attorney before any trip.
We married less than two years ago—what happens after approval? You will receive a two-year conditional green card and must file I-751 in the 90-day window before it expires. If the marriage ends or there was abuse, talk to a lawyer about waiver options.
Is the K-1 fiancé(e) visa faster than marrying first? It depends. K-1 requires a separate process (I-129F, entry, marriage within 90 days, then I-485). For some couples, marrying first and pursuing a direct marriage-based green card is cleaner. A lawyer can compare both options based on timing, travel, and risk.
Conclusion
Family-based immigration cases look simple on paper, but the details—priority dates, Visa Bulletin charts, I-864 rules, waiver eligibility, and conditional-residence deadlines can make or break a case. A seasoned family-based immigration lawyer aligns your category, files the right forms in the right order, times your case against backlogs, protects your ability to work and travel while a case is pending, and handles waivers or I-751 issues before they become emergencies.
Disclaimer: This page provides general information, not legal advice. Immigration rules and procedures change. Always rely on current instructions from USCIS and the U.S. Department of State (linked above) and consult a qualified attorney about your specific situation.
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