Which Family Immigration Category Applies?
#To bring a relative to live permanently in the United States, start with the petitioner's status and the exact legal relationship.
| Petitioner | Relative | Main category |
|---|---|---|
| U.S. citizen | Spouse | IR-1 or CR-1 immediate relative |
| U.S. citizen age 21+ | Parent | IR-5 immediate relative |
| U.S. citizen | Unmarried child under 21 | IR-2/CR-2 immediate relative |
| U.S. citizen | Unmarried adult son/daughter | F1 preference |
| U.S. citizen | Married son/daughter | F3 preference |
| U.S. citizen age 21+ | Brother/sister | F4 preference |
| Lawful permanent resident | Spouse or unmarried child under 21 | F2A preference |
| Lawful permanent resident | Unmarried adult son/daughter | F2B preference |
| U.S. citizen | Fiancé(e) who will marry within 90 days after entry | K-1 temporary route, then adjustment |
Immediate relatives are not subject to annual numerical quotas, but they still wait for petition, document and interview processing. Preference categories require both petition approval and visa availability under the monthly Visa Bulletin.
U.S. immigration law has no direct family petition for grandparents, aunts/uncles, cousins, nieces/nephews or in-laws. Another qualifying relationship or independent visa is needed.
What U.S. Citizens and Green Card Holders Can File
#A U.S. citizen can petition for a spouse, children, adult sons/daughters, parents (once the citizen is 21) and siblings (citizen age 21+).
A lawful permanent resident can petition only for a spouse and unmarried sons/daughters. An LPR cannot directly petition for parents, siblings or married children. Naturalization can change the family category; notify USCIS/NVC with proof if the petitioner becomes a citizen.
The petitioner generally files Form I-130. In a spouse case, the beneficiary spouse also completes Form I-130A. I-130A does not replace I-130.
Each immediate relative generally needs a separate I-130 because immediate-relative categories do not use derivative beneficiaries in the same way preference petitions do.
Consular Processing vs Adjustment of Status
#Relative abroad — consular processing
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Petitioner files I-130 with USCIS.
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After approval and visa availability, the National Visa Center opens the case.
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Pay NVC fees, submit DS-260, civil records and Form I-864 evidence.
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Complete the medical exam and attend the embassy/consulate interview.
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If the visa is issued, pay the USCIS Immigrant Fee and seek admission.
Relative in the United States — adjustment of status
An eligible beneficiary may file Form I-485 when a visa is available and all adjustment requirements are met. Immediate relatives of U.S. citizens may sometimes file I-130 and I-485 concurrently. Entry history, status violations, bars, removal proceedings and category-specific rules can change eligibility.
Do not choose adjustment merely because the relative is physically present. A pending or approved I-130 alone does not create lawful status, work authorization or protection from removal.
Visa Availability and the Visa Bulletin
#Immediate relatives of U.S. citizens have no quota priority-date line. Preference categories—F1, F2A, F2B, F3 and F4—do.
The I-130 receipt date usually becomes the priority date. After approval, compare it with the Department of State Visa Bulletin for the beneficiary's category and chargeability country. The Final Action Dates and Dates for Filing charts serve different purposes; USCIS announces which chart adjustment applicants may use each month.
Petition approval does not mean the preference visa is immediately available. Some categories and countries wait many years. Do not quote one generic processing time that combines USCIS adjudication, quota waiting, NVC document review and consular scheduling.
Check the live Visa Bulletin monthly and keep contact information current with NVC.
Forms and Relationship Evidence
#Core filings commonly include:
- I-130 — petition establishing the qualifying relationship;
- I-130A — supplemental spouse information in spouse petitions;
- I-864 — binding financial support contract for most family immigrants;
- DS-260 — immigrant visa application for consular processing; or
- I-485 — adjustment application for an eligible person in the United States.
Evidence depends on the relationship:
- spouses: marriage record, termination of prior marriages and bona-fide marriage evidence;
- children/parents: long-form birth records, adoption/legitimation/custody evidence where applicable;
- siblings: records showing at least one common parent and any name/adoption changes; and
- all cases: petitioner's citizenship/LPR proof and certified translations.
USCIS approval of I-130 establishes the relationship for immigration classification; it does not resolve admissibility, public-charge, affidavit, medical or visa-availability issues.
Government Fees for a Typical Consular I-130 Case
#Current core government charges include:
| Stage | Fee |
|---|---|
| I-130 filed online | $625 |
| I-130 filed on paper | $675 |
| NVC immigrant visa application fee | $325 per applicant |
| NVC Affidavit of Support review | $120 per case when charged |
| USCIS Immigrant Fee after visa issuance | $235 per immigrant, unless exempt |
Medical exams, police certificates, translations, document delivery and travel are extra. Adjustment-of-status and K-1 routes use different fee structures.
For a K-1 case, the current I-129F fee is $675 and the K visa application fee is separate; after marriage, Form I-485 and related costs apply.
Always verify USCIS Form G-1055 and the Department of State fee page on the payment date.
Form I-864 and Sponsor Income
#Most family immigrants need Form I-864 from the petitioning sponsor, even when a joint sponsor will also file.
The sponsor generally must show household income at 125% of the federal poverty guideline for the household size. The threshold is 100% for a qualifying active-duty U.S. military sponsor petitioning for a spouse or child.
If income is short, qualifying household-member income, assets or a joint sponsor may help under the rules. A joint sponsor must independently meet the requirement; incomes of two deficient joint sponsors cannot simply be combined.
I-864 is an enforceable contract that generally ends only upon citizenship, 40 qualifying Social Security quarters, loss of LPR status/departure, or death—not divorce. Use the current poverty-guideline edition and provide the required tax/income evidence.
Children, Age-Out and Marital Status
#Age and marital status can change the category. An unmarried child under 21 may be an immediate relative or F2A beneficiary; turning 21 can move the case unless the Child Status Protection Act preserves the calculated age. Marriage can eliminate F2 eligibility entirely and can move a U.S.-citizen petition to F3.
CSPA calculations depend on the category, petition-pending time, visa availability and timely action to acquire residence. Do not assume a child's biological age is automatically frozen by filing I-130.
Stepchildren, adopted children and children born outside marriage have specific statutory definitions and timing/custody requirements. Review these before filing rather than relying only on a birth certificate.
What a Pending I-130 Does — and Does Not — Provide
#A pending I-130 gives a receipt and a process for deciding the family relationship. It does not give the beneficiary:
- lawful immigration status;
- permission to work;
- advance parole or permission to travel;
- guaranteed entry as a visitor; or
- a reserved visa outside the priority-date system.
A relative may still apply for or travel on a temporary visa if independently eligible, but must satisfy temporary-intent and admission rules. An I-130 can be relevant to that assessment.
If an adjustment applicant separately files eligible I-765/I-131 requests, those documents arise from the adjustment filing—not the I-130 by itself.
USCIS Payment Rules for Mailed Family Petitions
#Since 28 October 2025, mailed USCIS benefit requests generally use electronic payment:
- Form G-1650 for ACH from a U.S. bank account; or
- Form G-1450 for credit, debit or prepaid card.
Use a separate payment authorization for each separate benefit request. Do not combine G-1650 and G-1450 to split one request's fee.
Form G-1651 is a narrow exemption from the electronic-payment method; it is not a waiver of the filing fee. If the exemption applies, include the full paper payment and G-1651 with the request.
Online I-130 filings pay inside the USCIS account and do not use these paper-package authorization forms.
Bring Family to the United States in Other Countries
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Typical United States processing wait times for the visas relevant to this goal.
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