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Khan Law, PLLC
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Office: (469) 200-6508
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Attorney Advertising. The information on this page is general information, not legal advice, and does not create an attorney-client relationship. Processing times and government fees change. Always confirm current numbers on the linked official USCIS, DOL, and Department of State tools. © 2026 Khan Law, PLLC. All rights reserved.

The Visa Guide · Family

Marriage & Family
Green Cards

Family, reunited.

The most common path to a green card. U.S. citizens can petition for spouses, children, parents, and siblings; green card holders, for spouses and unmarried children. Here’s the whole journey, in plain English.

0
Annual visa cap for immediate relatives of U.S. citizens. No waiting line for spouses, parents, and children under 21
1
Petition starts it all: Form I-130, filed with proof the relationship is real
2
Ways to finish: adjust status inside the U.S., or process at a consulate abroad

Who Qualifies

Built for real families.

Five things make or break a family case. Most families have more options than they think.

A qualifying relationship

Spouse, child, parent, or sibling of a U.S. citizen, or spouse or unmarried child of a green card holder.

A genuine relationship

Especially for marriages: shared life, shared finances, real evidence. This is the heart of the case.

A financial sponsor

Someone who meets the income threshold on Form I-864, the Affidavit of Support.

Admissibility

The immigrant must be admissible, or eligible for a waiver of any bars that apply.

Immediate relatives skip the line

Spouses, parents, and unmarried children under 21 of citizens have no annual cap. Everyone else waits for a visa number on the monthly Visa Bulletin.

Two Paths

Finish here. Or finish there.

Every family case ends one of two ways. Choosing right can save months, or keep a family together while they wait.

Adjustment
of Status

Finish inside the United States: no consulate trip, no separation, and typically a work permit while the case is pending.

Form I-485 Read the AOS guide →
Consular
Processing

Finish at a U.S. embassy or consulate abroad through the National Visa Center, with a green card on entry.

Form DS-260 Read the consular guide →

The Process

Five steps. One family.

01

The petition

The sponsor files Form I-130, the Petition for Alien Relative, with evidence the relationship is genuine.

02

The wait (or not)

Preference categories wait for their priority date to become current on the Visa Bulletin. Immediate relatives skip this wait entirely.

03

The application

Complete adjustment of status (I-485) inside the U.S., or consular processing (DS-260) abroad, with the I-864 Affidavit of Support.

04

Biometrics & interview

Fingerprints, the medical exam (Form I-693 or the panel-physician equivalent), and an interview.

05

Approval

The green card is issued. If the marriage is under two years old at approval it is conditional, with conditions removed later via Form I-751.

Forms & Fees

Know the paperwork.

I-130

Petition for Alien Relative. Starts every family case

I-485

Adjustment of Status: the green card application inside the U.S.

DS-260

Immigrant visa application for consular processing abroad

I-864

Affidavit of Support: the sponsor’s financial commitment

I-693

Medical examination report by a civil surgeon

I-751

Removes conditions on a marriage-based green card after 2 years

Married less than two years at approval?

The green card comes with conditions: a two-year card, with Form I-751 filed jointly before it expires to make it permanent. Plan for it from day one.

Live processing times & fees

Government numbers change monthly. These official tools are always current:

Your family.
Our fight.

Every family is different. Tell us your story. The evaluation is free, and we’ll tell you exactly which path fits.

Attorney Advertising: general information, not legal advice. Every family is different: request a free case evaluation or call (469) 200-6508. ← Back to all visa guides

The Rules

What you can and cannot do.

  • U.S. citizens: petition a spouse, children of any age, parents once the citizen turns 21, and siblings
  • Green card holders: petition a spouse and unmarried children of any age
  • In preference categories, the spouse and unmarried children under 21 of the immigrant usually come along as derivatives
  • File for several relatives at once; each petition stands on its own
  • Petition grandparents, aunts, uncles, cousins, or in-laws; the list of qualifying relationships is closed
  • Green card holders cannot petition parents, siblings, or married children
  • Speed up a preference category by filing extra forms; the Visa Bulletin wait belongs to the category, not the paperwork
  • Recover from a marriage fraud finding; one fake marriage permanently blocks every future petition

Costs

What it costs in 2026.

Family cases are priced in stages, and the total depends on where the case finishes. Every case begins with the I-130 petition. Finishing inside the United States means one large USCIS fee; finishing abroad splits the cost between the National Visa Center and a final card fee after entry. One piece of good news: the new $250 visa integrity fee applies to nonimmigrant visas such as tourist visas, and family green card cases are not charged it.

ItemAmountNotes
Family petition (Form I-130)$675 paper / $625 onlineFiled by the sponsor; starts every family case
Green card in the U.S. (Form I-485)$1,440 per applicantBiometrics included; children under 14 filing with a parent pay $950
Immigrant visa abroad (Form DS-260)$325 per applicantPaid to the National Visa Center, plus a $120 affidavit of support review fee per case
USCIS immigrant fee$235 per personConsular path only; paid after visa issuance so the physical card is produced
Removing conditions (Form I-751)$750For marriages under two years old at approval; filed before the two year card expires

Fee amounts reflect published government figures as of August 2026 and change over time; the live links above are always current. Fees apply per person, including children.

FAQ

Questions we hear every week.

My spouse overstayed a visa. Can we still file?

Often yes. Spouses, parents, and unmarried children under 21 of U.S. citizens are forgiven an overstay or unauthorized work when they adjust status inside the United States. Other relatives are not, and for them an overstay can force a consular case and a waiver. The right move depends on the exact history, so map it out before filing anything.

What if my income is too low to sponsor?

The Affidavit of Support has fallback options: a joint sponsor who meets the threshold on their own, household income combined with certain family members, or assets counted in place of income. Most sponsorship failures we see are paperwork problems, not income problems.

Can my relative visit the U.S. while the petition is pending?

Visiting on a valid visitor visa is legal, and a pending I-130 does not cancel it. But every entry is a judgment call by the border officer, and long or frequent stays look like moving in early. Short, honest visits with clear ties abroad usually go fine.

Does an approved I-130 let my relative live or work here?

No. Approval only locks in a place in line. It grants no status, no work permission, and no protection from removal. Those rights arrive at the very end of the process, with the green card itself.

I have a green card. Should I wait until I naturalize to file?

Usually file now. The priority date locks in the day USCIS receives the petition, and if you naturalize later, most cases convert to a faster category automatically. A few situations convert to a slower line instead, so we check the categories before recommending it.

How long does the whole journey take?

It depends on the category. Immediate relative cases move as fast as the agencies process them, commonly a year or more end to end. Preference categories add the Visa Bulletin wait, which runs from a few years to decades for siblings from the highest demand countries. The live links above show the current numbers for each step.