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Immigration · Nationwide

Family-based immigration: petitions for spouses, parents, children and siblings

We guide families through the two paths to a green card for a relative: consular processing and adjustment of status. Both lead to the same place, but it is vital to know early which is open to your family member, and what obstacles, including potential grounds for denial, will need to be overcome.

Reviewed by Joanna Delfunt ·

What we handle

  • Marriage-based green cards for family members of U.S. citizens and permanent residents, inside the U.S. (adjustment of status) or abroad (consular processing). This includes the I-130 petition and the understanding of whether the petition is for an immediate relative or if there will be a wait in the family preference categories.
  • K-1 fiancé(e) visas and the adjustment of status following the marriage within 90 days
  • Provisional unlawful presence waivers (I-601A) for family members who must leave to interview at a consulate
  • Other waivers needed for additional grounds of inadmissibility: for instance, criminal grounds, fraud or misrepresentation, possession of marijuana less than 1 oz., etc.
  • Removal of conditions on a two-year green card (I-751), including after divorce

Preparing for the marriage interview

We are also prepared to handle any interview scheduled by USCIS. USCIS officers are trained to test whether a relationship is bona fide. Sometimes, they separate the petitioner and beneficiary to confirm the marriage is legitimate. They do this by asking questions that may seem strange — for instance, the color of the curtains in your bedroom, whether either of you has tattoos, what you ate for dinner the night before, what you did for a preceding holiday, etc. Joanna’s team will confirm you are prepared for the interview, and you will know what documents to bring, how to answer questions, and what to expect from walking in the door to sitting down with the officer.

Common questions

How long does a marriage-based green card take?

For the spouse of a U.S. citizen filing inside the United States, roughly one to two years from filing to green card as of September 2026, depending on the field office. Spouses of permanent residents wait longer for a visa number. We will discuss processing times at your consultation.

Answered by Joanna Delfunt · Updated October 2026

My spouse entered the U.S. without a visa. Can they still get a green card?

Possibly. There are many variables to consider. In many cases the answer is yes, but through consular processing with a provisional waiver, which needs careful planning. This is exactly the kind of case to ask about before filing anything. There is also the possibility of adjusting status if your spouse is eligible for an exception to the lawful entry requirement.

Answered by Joanna Delfunt · Updated September 2026

Can I petition for my parents?

If you are a U.S. citizen aged 21 or over, yes, and parents are “immediate relatives”, so there is no wait for a visa number. Permanent residents cannot petition for parents. However, your parents still have to be eligible for a green card – and not all are – particularly if they have unlawful presence in the U.S. You need to speak to an attorney.

Answered by Joanna Delfunt · Updated September 2026

What is the income requirement for sponsoring a family member?

The sponsor must show household income of at least 125% of the federal poverty guidelines for their household size (100% for active-duty military sponsoring a spouse or child). A joint sponsor can help if you do not have the income needed to sponsor your relative.

Answered by Joanna Delfunt · Updated September 2026

Family petitions are one part of the practice. See everything we handle — including VAWA, U Visas, T Visas, removal defense and naturalization.

This page is general information about federal immigration law and is not legal advice about your situation. Timelines are set by USCIS and change.

When you are ready, we are here.

Every intake is read with care. If yours is not a matter we can genuinely help with, we will tell you before you have spent anything.

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