Family-Based Green Card Eligibility and Application Process
If you have a qualifying family relationship with a U.S. citizen or lawful permanent resident, you may be eligible to apply for a family-based green card and obtain permanent residency in the United States. Both you and your sponsor must complete specific steps, which vary depending on your individual circumstances. At Green Card Link, its immigration attorneys provide clear guidance to help families successfully navigate the process.
Step 1: Determine Your Eligibility
Family-based green card eligibility is divided into two categories: Immediate Relatives (IR) and the Family Preference (F1-F4) categories.
Immediate Relatives (IR) include:
- Spouse of a U.S. citizen (IR-1)
- Unmarried child under 21 of a U.S. citizen (IR-2)
- Orphan adopted abroad by a U.S. citizen (IR-3)
- Orphan adopted within the U.S. by a U.S. citizen (IR-4)
- Parent of a U.S. citizen who is at least 21 years old (IR-5)
Family Preference Categories (F1–F4) include:
- Unmarried adult son or daughter (21+) of a U.S. citizen (F1)
- Spouse, minor child, or unmarried son/daughter (21+) of a green card holder (F2)
- Married son or daughter of a U.S. citizen, including spouse and minor children (F3)
- Brother or sister of a U.S. citizen (sponsor must be at least 21 years old) (F4)
Other Eligible Family Categories
You may also qualify for a family-based green card if you are a:
- Fiancé(e) of a U.S. citizen
- Widow or widower of a U.S. citizen
- Abused spouse or child of a U.S. citizen or lawful permanent resident
Step 2: Sponsorship and Filing Form I-130
The process begins with your sponsor filing Form I-130, Petition for Alien Relative. This form establishes proof of your qualifying relationship with the U.S. citizen or green card holder sponsoring you. Supporting documentation must be included to avoid delays.
Important Tip: If you are an immediate relative already in the U.S. on a valid visa (such as a K-1 fiancé visa), you may be eligible to file Form I-130, Form I-485 (Adjustment of Status), Form I-864 (Affidavit of Support), and Form I-693 (Medical Exam Report) at the same time. This concurrent filing can significantly speed up your green card approval.
I-130 Processing Times:
- Average processing time: 14.5 months (varies by USCIS service center).
- Missing documentation may trigger a Request for Evidence (RFE), which will pause your case until additional evidence is provided. Submitting a complete application package upfront is the best way to avoid unnecessary delays.
Step 3: Waiting for a Priority Date
If you are an immediate relative, you may move forward without waiting for a priority date. However, applicants under the Family Preference categories must wait until their priority date becomes current according to the Visa Bulletin.
Your priority date can be found on the Form I-797 Notice of Action issued after your I-130 petition is filed. Once your priority date matches or passes the “final action date” listed in the Visa Bulletin for your country and category, your application becomes eligible for green card processing.
Because the U.S. only allocates a limited number of visas each year for family-preference categories, applicants may experience long backlogs depending on demand from their country of origin.
Step 4: Apply for Your Green Card
The fourth step of the green card process depends on where you currently live.
- If you are in the United States on a valid nonimmigrant visa, you will need to file for Adjustment of Status.
- If you are outside the United States, you must go through Consular Processing at a U.S. embassy or consulate in your country of residence.
Applying Inside the United States (Form I-485)
If you are already in the U.S., you can file Form I-485, Application to Register Permanent Residence or Adjust Status. This allows you to change from nonimmigrant status (such as K-1, H-1B, or another temporary visa) to immigrant status.
The purpose of the I-485 is to demonstrate that you meet all eligibility requirements and pass U.S. government safety and background checks. This step is often considered the final stage of the green card process.
When filing the I-485, additional forms must be submitted, including:
- Form I-864, Affidavit of Support
A legally binding agreement proving that your sponsor can financially support you at a level of at least 125% of the Federal Poverty Guidelines. The sponsor must submit proof of income such as tax returns, W-2s, or pay stubs. If the sponsor does not meet the financial threshold, a joint sponsor—such as a friend, colleague, or family member—can assist. - Form I-693, Report of Medical Examination and Vaccination Record This must be completed by a USCIS-approved civil surgeon. The doctor conducts a medical examination to ensure you do not have health conditions that would make you inadmissible and confirms that you meet U.S. vaccination requirements.
Applying Outside the United States (Consular Processing)
If you are living abroad, you must first wait for your Form I-130 Petition for Alien Relative to be approved. Once approved, your case is transferred to the National Visa Center (NVC), which will issue you a Case Number and Invoice ID.
Step 1: File the DS-261 (Choice of Address and Agent)
This online form informs the NVC who will receive communications about your case. You can designate yourself, a family member, or an immigration attorney at Green Card Link. The NVC may take up to three weeks to process this form.
Step 2: Pay Required Fees
Once the DS-261 is processed, you will need to pay the following fees online:
- Immigrant Visa Application Processing Fee: $325
- Affidavit of Support Fee: $120
Step 3: Complete the DS-260 Immigrant Visa Application
This is the official immigrant visa application form. Along with the DS-260, you must upload supporting documents such as:
- Valid passport (biographic data page)
- Birth certificate (long-form version listing parents’ names)
- Marriage certificate (if applicable)
- Divorce decrees, annulment papers, or death certificates from any prior marriages
- Police certificates from all required countries
- Military service records (if applicable)
- Court or prison records (if ever convicted of a crime)
- Two identical visa photographs (2×2 inches, white background)
After submission, the NVC will review your application. If anything is missing or incorrect, they will notify you. Once complete, your case will be marked “Documentarily Qualified.” Print the confirmation page for your upcoming interview.
Step 4: Submit the Affidavit of Support (Form I-864)
The sponsoring U.S. citizen or permanent resident must provide:
- A signed Form I-864
- Proof of citizenship or green card status (birth certificate, U.S. passport, or naturalization certificate)
- Financial evidence, including recent federal tax returns, W-2s, and pay stubs
- Proof of domicile in the United States (driver’s license, lease, voter registration, or evidence of U.S. employment)
Step 5: Wait for Interview Appointment
Once your case is documentarily complete, you must wait for your visa interview at the U.S. consulate or embassy. The wait time depends on the workload and your visa category. You will receive an Interview Appointment Letter once a slot becomes available.
Step 6: Complete Medical Examination
Before your interview, you must undergo a medical exam with a physician authorized by the U.S. embassy or consulate. The doctor will:
- Conduct a physical exam
- Perform required tests (such as tuberculosis screening and blood tests)
- Verify and administer missing vaccinations
Results are usually sent directly to the consulate or given to you in a sealed envelope. Medical results are valid for only six months.
Step 7: Attend Your Green Card Interview
At the interview, bring your appointment letter, passport, and original civil documents. A consular officer will review your case, ask questions, and decide whether to approve your immigrant visa.
If approved, your passport will be returned with an immigrant visa stamp. Once you arrive in the U.S., a CBP officer will admit you and place an I-551 stamp in your passport, which serves as temporary proof of permanent residency until your physical green card arrives (usually within 45 days).
Why Work With Green Card Link
The green card process involves multiple steps, detailed documentation, and strict deadlines. Errors or missing information can cause costly delays. Working with an immigration attorney at Green Card Link helps ensure your application is accurate, complete, and processed as efficiently as possible.
At Green Card Link, its immigration attorneys bring years of experience guiding families through adjustment of status and consular processing. Their personalized approach reduces stress, minimizes mistakes, and increases your chances of a successful outcome.