Sponsoring a Family Member for a Green Card
U.S. citizens and lawful permanent residents (LPRs) can sponsor certain family members for lawful permanent residence (a green card) under Immigration and Nationality Act (INA) §§ 201(b) and 203(a). U.S. citizens may petition for spouses, parents, unmarried and married children, and siblings, while LPRs may petition for spouses and unmarried children.
The process starts with filing a Petition for Alien Relative with U.S. Citizenship and Immigration Services (USCIS) to establish the qualifying relationship. Once approved and a visa is available (if not in the immediate relative category), the beneficiary may either adjust status in the U.S. or complete consular processing abroad.
Immediate relatives (spouses, children under 21, and parents of U.S. citizens) are not subject to numerical visa limits, making the process faster. Preference categories (siblings, adult children, relatives of LPRs) are subject to annual quotas, leading to longer wait times.
The petitioner must also demonstrate the ability to financially support the immigrant by submitting an Affidavit of Support. For marriages less than two years old, a conditional green card is issued under INA §216, requiring a later joint petition to remove conditions.
Marriage to a U.S. Citizen – Green Card Process
Marriage to a U.S. citizen is one of the fastest paths to obtaining a green card. Under INA §201(b)(2)(A)(i), spouses of U.S. citizens are considered immediate relatives, meaning they are not subject to annual visa limits. The process begins with the U.S. citizen filing a Petition for Alien Relative with USCIS.
If the foreign spouse is already in the U.S., they may concurrently file an application to Register Permanent Residence or Adjust Status. If abroad, they will complete consular processing through a U.S. embassy after the Petition approval. The petitioner must also file an Affidavit of Support to show financial capability.
For marriages less than two years old, the foreign spouse is granted conditional permanent residence under INA §216, valid for 2 years. To remove the conditions, both spouses must file a Removal of the Condition within 90 days before expiration, proving the marriage is genuine.
Applicants undergo a biometrics appointment, a medical exam, and an interview to confirm the legitimacy of the relationship. If successful, the foreign spouse receives a green card and may later apply for U.S. citizenship after 3 years of permanent residence, if still married to the U.S. citizen.
K-1 Visa – Fiancé(e) of a U.S. Citizen
The K-1 visa allows a foreign national engaged to a U.S. citizen to enter the United States for the purpose of marriage. It is governed by INA §101(a)(15)(K) and processed by USCIS, the National Visa Center (NVC), and the U.S. embassy or consulate abroad.
To begin, the U.S. citizen must file a Petition for Alien Fiancé with USCIS. Once approved, the case is sent to the appropriate U.S. embassy for the foreign fiancé(e) to apply for the K-1 visa and attend an interview. The couple must have met in person within the past two years, unless a waiver is granted for cultural or hardship reasons.
Once admitted on a K-1 visa, the couple must marry within 90 days. After marriage, the foreign spouse may file an application to adjust status and obtain a green card. Like marriage-based green cards, if the marriage occurs within two years of entry, a conditional green card is issued under INA §216.
The K-1 visa also allows for K-2 visas for the foreign fiancé(e)’s unmarried children under 21. This visa path leads to permanent residency and eventual U.S. citizenship after three years of marriage and residency.
K-2 Visa – Children of Fiancé(e) Visa Holders
The K-2 visa allows the unmarried children under 21 of a K-1 fiancé(e) visa holder to enter the U.S. and accompany or follow their parent. It is governed by INA §101(a)(15)(K)(iii) and processed alongside the K-1 petition.
The U.S. citizen petitioner must include the child(ren)’s names when petitioning for their fiancé(e). Each K-2 applicant must attend a visa interview, submit civil documents, medical exam results, and police certificates. K-2 visas can be issued only after the K-1 parent’s visa is approved.
Once in the U.S., the K-2 child must enter before or with the K-1 parent and the U.S. citizen and K-1 parent must marry within 90 days. After marriage, the K-2 child may file Form I-485 (Application to Adjust Status) to apply for a green card, generally at the same time or soon after the K-1 parent files.
Like the K-1 visa holder, a K-2 child will receive a conditional green card if the marriage occurred within 2 years. Eventually, the child may become eligible for U.S. citizenship through naturalization or derivation through the parent, depending on age and residency status.
K-3 Visa – Spouse of a U.S. Citizen
The K-3 visa allows the foreign-citizen spouse of a U.S. citizen to enter the United States while awaiting approval of their immigrant petition. It was created to reduce separation time between spouses and is governed by INA §101(a)(15)(K)(ii).
To apply, the U.S. citizen must first file a Petition for Alien Relative on behalf of the spouse. Once USCIS receives the Petition, the petitioner may file Form I-129F to request K-3 classification. If approved, the case is sent to the appropriate U.S. consulate for visa issuance and interview.
The K-3 visa allows the spouse to enter the U.S. and adjust status later by filing an Application for Adjustment of Status once the immigrant visa Petition is approved. If the Petition is approved before the K-3 is issued, the K-3 process is usually terminated, and the spouse proceeds with consular processing for an immigrant visa instead.
K-3 visa holders are also eligible for work authorization and travel. If the marriage is less than 2 years old at the time of adjustment, the spouse receives a conditional green card under INA §216. The K-3 path is now rarely used due to faster I-130 processing times.
Immigration by Marriage for Same-Sex Couples
Same-sex couples have equal rights under U.S. immigration law following the Supreme Court’s 2013 decision in United States v. Windsor and subsequent federal recognition of same-sex marriages. Under INA §201(b)(2)(A)(i), a U.S. citizen or lawful permanent resident (LPR) can sponsor their same-sex spouse for a green card, just like opposite-sex couples.
USCIS treats lawful same-sex marriages the same as any other marriage, provided the marriage is valid in the place where it was performed, regardless of whether same-sex marriage is recognized in the applicant’s current place of residence.
The U.S. citizen or LPR must file a Petition for Alien Relative and the foreign spouse may apply for a green card through adjustment of status or consular processing, depending on their location. If married for less than 2 years at the time of approval, the foreign spouse receives conditional permanent residency under INA §216, which requires removal of conditions after two years.
Same-sex spouses and their children are also eligible for K-1 and K-3/K-4 visas if engaged or married. USCIS processes these cases with no discrimination based on sexual orientation, focusing solely on the bona fides of the relationship.
Permanent Resident Status (Green Card)
Permanent resident status, often referred to as a green card, allows foreign nationals to live and work permanently in the United States. A green card holder is a lawful permanent resident (LPR) who has been granted the right to reside in the U.S. on a permanent basis.
There are several ways to obtain permanent residency, including family-based immigration, employment-based petitions, refugee or asylum status, and diversity lottery programs. U.S. citizens can sponsor spouses, children, parents, and siblings for green cards, while lawful permanent residents can sponsor their spouses and unmarried children.
Once granted, permanent residents enjoy many benefits, including the ability to work anywhere in the U.S., travel internationally (with restrictions), and access certain government benefits. LPRs can also apply for U.S. citizenship after five years (three years if married to a U.S. citizen).
However, green card holders are required to maintain their status by living in the U.S. and may lose their residency if they abandon their residence or commit certain crimes. For individuals married less than two years, a conditional green card is issued under INA §216, which requires a joint petition to remove conditions and obtain permanent status.
Citizenship through Naturalization
Naturalization is the process by which a foreign national becomes a U.S. citizen after meeting specific eligibility requirements. The application for naturalization is made by filing an Application for Naturalization with U.S. Citizenship and Immigration Services (USCIS).
To be eligible for naturalization, an applicant must meet the following general requirements:
- Be at least 18 years old.
- Be a permanent resident (green card holder) for 5 years (or 3 years if married to a U.S. citizen).
- Have maintained continuous residence in the U.S. for the required period.
- Have been physically present in the U.S. for at least half of the required residency period.
- Demonstrate the ability to read, write, and speak English (with some exceptions based on age and disability).
- Pass a civics test on U.S. history and government.
- Be of good moral character.
After filing Form N-400, applicants will attend an interview with USCIS, where they will take the English and civics tests unless exempt. If approved, they take the Oath of Allegiance, becoming U.S. citizens.
Naturalization offers benefits like the right to vote, run for public office, and the ability to apply for family sponsorship.
Immigrant Petition for Relative
The Petition for Alien Relative is the first step in the family-based immigration process, filed by a U.S. citizen or lawful permanent resident (LPR) to establish the qualifying relationship with a foreign relative. It is governed by INA §204(a) and 8 CFR §204.1.
This petition is used to sponsor relatives such as spouses, children, parents, and siblings for lawful permanent residence (green card). The petitioner must provide proof of the relationship, such as marriage certificates, birth certificates, or adoption records, depending on the family relationship.
Once Petition is approved, the beneficiary (foreign relative) can apply for an immigrant visa through consular processing if they are outside the U.S., or adjust status if they are already in the U.S. under INA §245.
The approval of I-130 does not grant permanent residence directly but allows the beneficiary to begin the process of receiving a green card. Immediate relatives (spouses, children under 21, and parents of U.S. citizens) do not face annual visa limits, while preference categories (siblings, adult children) may face waiting periods due to annual limits.
Adjustment of Status (AOS)
Adjustment of Status (AOS) is the process by which an individual can become a lawful permanent resident (green card holder) without leaving the U.S. It is commonly used by foreign nationals who are in the U.S. on a temporary visa and are eligible to adjust their status based on family or employment-based petitions. The process is governed by INA §245 and 8 CFR §245.1.
To apply for AOS, the individual must first have an approved immigrant petition for family-based petitions, or for employment-based petitions). After approval, they file an Application to Adjust Status, along with supporting documents such as proof of eligibility, medical examination results, and financial support (Form I-864).
During the AOS process, the applicant may be required to attend a biometrics appointment and an interview with USCIS. In some cases, applicants may also be granted work authorization and travel permission while their application is pending.
If approved, the applicant receives permanent resident status, and the green card is issued. If the marriage is less than two years old, the applicant receives a conditional green card, requiring further action after two years to remove conditions.
Consular Processing
Consular processing is the procedure through which an individual applying for a green card (lawful permanent residency) must complete their immigration process at a U.S. embassy or consulate abroad. It is typically used by individuals outside the U.S. or those who are not eligible for Adjustment of Status (AOS). The process is governed by INA §245 and 8 CFR §245.2.
After the Immigrant Petition is approved, the U.S. citizen or lawful permanent resident petitioner’s relative (beneficiary) must undergo consular processing. The case is forwarded to the National Visa Center (NVC) for document collection and further processing. The NVC reviews the documents and forwards the case to the appropriate U.S. embassy or consulate for an interview.
At the interview, the consular officer assesses the applicant's eligibility for an immigrant visa. If approved, the applicant receives an immigrant visa and can enter the U.S. Once admitted, they become a lawful permanent resident.
Consular processing also applies to individuals applying for family-based, employment-based, and other immigrant visas. The major benefit is that it allows applicants to complete their immigration process while staying outside the U.S., but it involves a more extended processing timeline compared to AOS.
Removing Conditions from a Green Card
If a foreign national is granted a conditional green card, typically based on a marriage that is less than two years old at the time of approval, they must file a Petition to Remove Conditions on Residence) to obtain a permanent, unconditional green card. This process is governed by INA §216 and 8 CFR §216.
To remove the conditions, both the conditional permanent resident and their spouse must jointly file Form I-751 within 90 days before the two-year anniversary of the green card issuance. The petitioner must demonstrate that the marriage is genuine and not entered into for immigration purposes.
The applicant must submit supporting documents such as joint financial records, tax returns, and other evidence of a shared life. In cases where the marriage has ended due to divorce or other exceptional circumstances, the conditional resident can apply for a waiver of the joint filing requirement.
If USCIS approves the Removal of the Condition, the applicant will receive a permanent green card, typically valid for 10 years. If the petition is denied, the conditional resident risks losing their status and facing deportation proceedings.
Affidavit of Support
The Affidavit of Support is a legally binding document filed by a U.S. citizen or lawful permanent resident (LPR) sponsor to demonstrate that they can financially support a foreign national who is seeking to immigrate to the U.S. This form is required for most family-based and some employment-based green card applicants and is governed by INA §213A and 8 CFR §213a.
The purpose of Form I-864 is to ensure that the immigrant will not become a public charge (relying on government assistance). The sponsor agrees to support the immigrant at 125% of the federal poverty guideline for their household size, including the immigrant. This obligation lasts until the immigrant becomes a U.S. citizen or earns 40 quarters of work (about 10 years) under Social Security.
The sponsor must provide evidence of income, such as tax returns, pay stubs, or bank statements, and demonstrate that their income is sufficient. If the sponsor's income is insufficient, a joint sponsor (another individual or family member) may also submit Form I-864 to meet the requirement.
Failure to submit or properly complete Form I-864 can delay the immigration process or result in denial.
Certificate of U.S. Citizenship
A Certificate of U.S. Citizenship is issued to individuals who are U.S. citizens by birth or through naturalization, but who were not issued a U.S. passport or naturalization certificate. Application for Certificate of U.S. Citizenship allows individuals to request official documentation of their citizenship status under INA §320 and INA §322, depending on whether the person acquired citizenship through birth or naturalization.
The form is typically used by individuals who were born outside the U.S. to U.S. citizen parents or those who automatically became U.S. citizens under the Child Citizenship Act of 2000 (CAA). The CAA granted automatic citizenship to children under 18 who were lawful permanent residents and had at least one U.S. citizen parent.
Applicants must submit documentation proving their citizenship, such as birth certificates, naturalization records of parents, and proof of residency in the U.S. for qualifying periods. The application may be filed for children under 18 years old, who must meet specific criteria, such as living in the U.S. in the legal and physical custody of the U.S. citizen parent.
Approval results in the issuance of a Certificate of U.S. Citizenship, confirming the applicant’s citizenship.
Green Card Renewal
A green card renewal is necessary for lawful permanent residents (LPRs) who hold a 10-year green card and need to renew it before it expires. The process is initiated by filing an Application to Replace Permanent Resident Card. This form is governed by INA §245 and 8 CFR §264.5.
Permanent residents must file Form I-90 if their green card has expired or is about to expire. It is also used if the card was lost, stolen, damaged, or contains incorrect information. The green card is typically valid for 10 years, and it’s recommended to apply for renewal 6 months before the expiration date to avoid any lapses in legal status.
The application can be filed online or via mail, and applicants must provide personal information, including their alien registration number, and evidence of their permanent resident status. Fingerprints and biometrics may also be required. Once approved, the applicant receives a new 10-year green card.
Failure to renew the green card can result in difficulties proving legal status, especially when seeking employment or traveling. Renewal does not affect the applicant's permanent residency status but ensures they maintain the right to live and work in the U.S.
