Marriage and family petitions

Under the Immigration and Nationality Act (INA), Immediate Relatives—defined strictly as the spouses, unmarried children under 21, and parents of adult U.S. citizens (21+)—enjoy an unlimited number of immigrant visas. They do not have to wait for a priority date to become current; an immigrant visa number is immediately available upon petition approval.

All other family relationships fall into preference categories: F1 (unmarried adult sons and daughters of citizens), F2A (spouses and minor children of permanent residents), F2B (unmarried adult children of permanent residents), F3 (married children of citizens), and F4 (siblings of adult citizens). These categories are subject to strict annual numerical caps and per-country limitations, resulting in multi-year waiting lists tracked in the monthly Department of State Visa Bulletin.

When a foreign spouse is physically present in the United States following a lawful admission or parole (such as on a tourist, student, or work visa), they can typically file Form I-130 concurrently with Form I-485 to adjust status without departing the U.S. Applicants may simultaneously request an Employment Authorization Document (Form I-765) and Advance Parole travel document (Form I-131).

If the foreign spouse resides outside the United States, the process begins with the U.S. petitioner filing Form I-130 with USCIS. Once approved, the petition transfers to the National Visa Center (NVC) for fee payments, Form DS-260 submission, and financial document review before being scheduled for an interview at the U.S. embassy or consulate in the beneficiary’s home country.

A U.S. citizen who intends to marry a foreign national may file Form I-129F with USCIS for a K-1 nonimmigrant fiancé(e) visa. The couple must provide documented proof that they met in person at least once within the two-year period immediately prior to filing the petition, unless an extreme hardship or strict cultural practice exemption applies.

Upon visa approval and entry into the United States, the foreign fiancé(e) is admitted for a non-extendable period of 90 days. The couple must legally marry within that 90-day window. Following marriage, the foreign spouse files Form I-485 to adjust status to permanent resident.

If a couple has been married for less than two years on the date lawful permanent residence is granted, USCIS issues a conditional green card valid for exactly two years. This conditional period was established by Congress to deter sham marriages.

To remove conditions and receive a permanent 10-year green card, the spouses must file Form I-751 jointly within the 90-day window immediately preceding the conditional card’s expiration. If the marriage terminates in divorce or involves domestic battery or extreme cruelty, the conditional resident may file a Form I-751 waiver requesting approval without the former spouse’s participation.