Bring Family to the United States

You have to prove two things to U.S. Citizenship and Immigration Services (USCIS):

1. Your immigration status, and

2. Your qualifying family relationship to the person you want to bring to the United States.

If you don’t provide clear proof of both, USCIS can delay or deny the petition.

Proof of Your Status

You must show that you’re either a U.S. citizen or a lawful permanent resident, depending on the category.

This requirement applies whether you file for an IR-1 visa Immigrant Visa (Spouse of U.S. Citizen), [CR-1 Conditional Resident Visa (Spouse)](/en/united-states/visas/CR-1 visa), IR-2 visa Immigrant Visa (Child of U.S. Citizen), IR-5 visa Immigrant Visa (Parent of U.S. Citizen), F2A Immigrant Visa (Spouse/Child of Lawful Permanent Resident), or F2B Immigrant Visa (Unmarried Adult Child of Lawful Permanent Resident).

Include documentation that clearly confirms your current status.

If you fail to include proof of citizenship or lawful permanent residence, USCIS will not approve the petition.

You also need to complete any required forms accurately, including Form G-1650, and make sure the information about your status matches your supporting documents.

Proof of the Family Relationship

USCIS wants documentation that matches the specific visa category.

For example:

• Marriage-based cases (IR-1, CR-1, F2A) require evidence that you are legally married to the beneficiary.
• Child-based cases (IR-2, F2A, F2B) require proof of the parent-child relationship.
• Parent-based cases (IR-5) require proof that you are the child of the beneficiary.
• [K-1 Fiancé(e) Visa](/en/united-states/visas/K-1 visa) cases require proof of your qualifying relationship as a fiancé(e).

You must clearly identify the correct relationship category in your petition.

Incorrectly describing the relationship or choosing the wrong category can cause delays or denial.

Common Filing Errors to Avoid

USCIS often issues requests for evidence when applicants:

• Submit forms without proof of citizenship or lawful permanent resident status
• Provide incomplete or inconsistent relationship information
• Fail to include required supporting documentation
• Use a credit or debit card issued by a foreign bank for payment

Each document you submit should directly support the relationship you claim.

Keep copies of everything you file.

You start the family immigration process by confirming that you qualify to sponsor.

U.S. citizens may petition for a spouse, child, parent, or sibling.

Lawful Permanent Residents may petition for a spouse or unmarried son or daughter.

The visa category depends on your relationship.

Examples include the IR-1 visa Immigrant Visa (Spouse of U.S. Citizen), CR-1 Conditional Resident Visa (Spouse)), IR-2 visa Immigrant Visa (Child of U.S. Citizen), IR-5 visa Immigrant Visa (Parent of U.S. Citizen), F2A Immigrant Visa (Spouse/Child of LPR), F2B Immigrant Visa (Unmarried Adult Child of LPR), and the K-1 Fiancé(e) Visa) for a future spouse.

Petition Through USCIS

Confirm eligibility.

You must be at least 21 years old to sponsor certain immediate relatives and must hold U.S. citizenship or lawful permanent resident status, depending on the category.

2. File the immigrant petition with U.S. Citizenship and Immigration Services (USCIS). This petition establishes your qualifying family relationship. processing times vary by category. As of January 2026, reported ranges include 17–87 months for a U.S. citizen filing for a spouse, parent, or child under 21, and 49.5–213.5 months for a permanent resident filing for a spouse or child under 21.

Track category-specific wait times.

Petitions for unmarried adult sons or daughters of U.S. citizens show ranges of 50–198 months, while sibling petitions range from 95–240 months. Always review current estimates on the USCIS website.

Complete fee payments correctly.

Every visa applicant must pay the required visa application processing fee unless an exception applies. You may authorize payment by credit or debit card using Form G-1450 or by ACH using Form G-1650. If you submit multiple benefit requests, you may include a combined payment but must place the authorization form on top of the package.

Gather required civil and financial documents early.

Collect identity documents, relationship evidence, and any required supporting records before filing. Missing documents delay review.

Attend consular processing if abroad.

After USCIS approves the petition, the U.S. Department of State handles the immigrant visa application and interview. Some applicants may qualify for an Interview Waiver in limited locations, but eligibility depends on local rules and applicant status.

At the port of entry, U.S. Customs and Border Protection makes the final decision on admission.

When you file a family-based petition with U.S. Citizenship and Immigration Services (USCIS), you gain certain procedural rights during the waiting period.

These rights apply whether you filed for an IR-1 visa Immigrant Visa (Spouse of U.S. Citizen), CR-1 Conditional Resident Visa (Spouse)), IR-2 visa Immigrant Visa (Child of U.S. Citizen), IR-5 visa Immigrant Visa (Parent of U.S. Citizen), F2A Immigrant Visa (Spouse/Child of LPR), F2B Immigrant Visa (Unmarried Adult Child of LPR), or a K-1 Fiancé(e) Visa).

You have the right to proper intake and payment processing if you submit your application correctly.

USCIS may reject a filing that lacks a required signature or includes the wrong payment amount.

Payment and Filing Protections

USCIS allows different payment methods, including credit or debit card authorization.

You must submit a separate payment for each benefit request.

If you qualify, you may request a paper-based fee exemption.

You must meet specific criteria and follow the form instructions exactly.

Failure to authorize the correct payment amount can lead to rejection.

USCIS may accept a complete filing and reject only the portion that is incomplete or unsigned.

processing times vary by category and service center.

You can review current estimates using the official USCIS processing times tool.

For example:

• Form I-130 (F2B – Unmarried Adult Child of LPR): 48 to 240 months (as of January 2026)
• Form I-129F (K-1 Fiancé(e) Visa): 10 to 14 months (as of January 2026)

These are estimates, not guarantees.

Consular Processing Rights

After USCIS approves the petition, the case moves to the U.S. Department of State for visa processing abroad.

A consular officer reviews eligibility at the interview.

During the processing period, the officer may determine that the applicant qualifies for the visa requested.

The Department of State controls visa issuance, while U.S. Customs and Border Protection decides admission at the port of entry.

Tax Filing Obligations

While Waiting If you or your relative are in the United States during the waiting period, tax rules may apply.

If you are a nonresident alien engaged in a trade or business in the United States, you must file a U.S. income tax return.

You may also need to file if you have U.S.-source income or want to claim a refund or credits.

If your spouse is a resident alien, you may choose to be treated as a U.S. resident for tax purposes and file Form 1040 as “Married Filing Jointly.”

This election can affect your filing obligations.

Your immigration status determines which relatives qualify for benefits, but your tax duties depend on your income and residency classification.

Bringing your family to the United States doesn’t end with a visa issuance.

You must keep meeting requirements set by U.S. Citizenship and Immigration Services (USCIS), the U.S. Department of State, and U.S. Customs and Border Protection (CBP).

USCIS manages petitions and immigration benefits.

The U.S. Department of State handles visa interviews and issuance for categories such as the IR-1 visa Immigrant Visa (Spouse of U.S. Citizen), CR-1 Conditional Resident Visa (Spouse)), IR-2 visa Immigrant Visa (Child of U.S. Citizen), IR-5 visa Immigrant Visa (Parent of U.S. Citizen), F2A Immigrant Visa (Spouse/Child of LPR), F2B Immigrant Visa (Unmarried Adult Child of LPR), and the K-1 Fiancé(e) Visa).

CBP decides on admission at the port of entry.

Processing can be slow. In some cases, adjudication may take up to 180 days from the date of interview or from the submission of supplemental documents, whichever is later.

If an officer requests more evidence, that timeline might stretch out further.

Employment Authorization and Renewals

If your family member qualifies for employment authorization, monitor expiration dates closely.

Certain applicants file for an initial Employment Authorization Document (EAD) under category (c)(11).

Renewal applications may need a separate fee and must be filed on time to avoid gaps in work authorization.

Track EAD expiration dates, receipt notices, and any pending renewal filings.

Late renewals can interrupt lawful employment.

Paying USCIS Fees Correctly

USCIS rejects payments that aren’t submitted properly.

For credit card payments, you’ll need to complete and sign Form G-1450, Authorization for Credit Card Transactions.

For bank account payments, use Form G-1650, Authorization for ACH Transactions.

Don’t submit both forms together in the same package.

Follow the instructions on the USCIS forms for current payment procedures.

Tax and Financial Considerations

If your family member earns U.S.-source income that’s fixed, determinable, annual, or periodical, it’s generally taxed at 30%, unless a lower treaty rate applies.

No deductions are allowed for that income.

If your family member has both effectively connected income and fixed, determinable income in the same year, each type is taxed under its own rules.

Plan for these obligations early.

Immigration status and tax compliance often overlap, especially for new arrivals adjusting to U.S. financial systems.

When you petition for a child, file the correct request with U.S. Citizenship and Immigration Services (USCIS) and include the proper fee.

If you submit the wrong fee amount, USCIS will reject the filing.

You may request a paper fee exemption by submitting Form G-1651, Exemption for Paper Fee Payment, with your benefit request and supporting payment documentation.

If you qualify for an exemption, include the completed form at the time you file.

USCIS won’t process a request that lacks required payment information or an approved exemption request.

Several immigrant visa categories allow children to immigrate based on a family relationship.

These include:

• IR-2 visa Immigrant Visa (Child of U.S. Citizen)
• F2A Immigrant Visa (Spouse/Child of LPR)
• F2B Immigrant Visa (Unmarried Adult Child of LPR)

If your case involves a spouse first—such as through the IR-1 visa Immigrant Visa (Spouse of U.S. Citizen), CR-1 Conditional Resident Visa (Spouse)), or K-1 Fiancé(e) Visa))—make sure any child-related filings are properly submitted and paid.

Each benefit request stands on its own for fee and documentation purposes.

For parents of U.S. citizens, the IR-5 visa Immigrant Visa (Parent of U.S. Citizen) applies.

If you later pursue immigration benefits for a child connected to that parent, follow separate filing and fee rules for the child’s case.

Filing and Payment Controls

When preparing a child’s case, follow these steps in order:

Confirm the correct benefit request.

Review the USCIS website to ensure you’re filing the proper petition for your child’s situation.

Verify the current filing fee.

Check the official USCIS fee schedule before submitting payment.

Prepare payment or request an exemption.

If you qualify, include Form G-1651 with your filing.

Submit complete documentation.

Incomplete submissions, including missing payment details, will result in rejection.

Tax Considerations

If your child has income that’s effectively connected to activities in the United States, that income may be taxed after allowable deductions at the same rates that apply to U.S. persons.

You’ll need to review your child’s specific tax situation closely.

For questions about visa interviews and issuance, contact the U.S. Department of State.

USCIS handles petitions and benefit requests, but the Department of State manages consular processing abroad.