Complete Guide to Family-Based Immigration

Q: Immediate Relatives of U.S. Citizens

Spouses of U.S. Citizens (IR1/CR1) – If you’re married to a U.S. citizen, you may qualify for a green card. Learn more about the marriage-based green card process.Parents of U.S. Citizens (IR5) – U.S. citizens who are at least 21 years old can petition for their parents to become permanent residents. Explore our parents green card guide.Children of U.S. Citizens (IR2/CR2) – Unmarried children under 21 of U.S. citizens can be sponsored for permanent residency. Understand the process for children.

Q: The Family-Based Immigration Process

File the Petition The U.S. citizen or permanent resident family member (the petitioner) must file Form I-130 (“Petition for Alien Relative”), with USCIS.Wait for USCIS Approval After filing, USCIS will review your petition. Processing times vary based on the family relationship and USCIS workload.Visa Availability Immediate relatives can proceed immediately after petition approval. Family preference categories must wait until a visa becomes available according to the Visa Bulletin.Apply for a Green Card Depending on where the beneficiary lives, they will apply via one of the following processes: Consular Processing: Apply for an immigrant visa at a U.S. embassy or consulate abroad.Adjustment of Status: Apply to adjust status to permanent resident if already lawfully in the U.S.Attend the Interview All applicants must attend an interview. Learn more about how to prepare for the green card interview.Receive Your Green Card If approved, you’ll receive your green card and begin your life as a permanent resident in the United States.

Q: Common Challenges in Family-Based Immigration

Proving a Bona Fide Relationship: Documents demonstrating the authenticity of your family relationship are an important part of the application.Navigating Long Wait Times: Family preference categories often face significant backlogs. Understand how to check your place in line.Addressing Inadmissibility Issues: Certain factors may make someone inadmissible to the U.S. Explore how to apply for a waiver of inadmissibility.Understanding the Costs: Immigration applications involve various fees including filing fees, medical exam costs, and potential legal expenses.

Q: Special Considerations

LGBTQ+ Families: Same-sex spouses have the same rights in the immigration process as opposite-sex couples.Adopted Children: Learn about the process for international adoptions.Conditional Residency: Spouses married less than two years receive conditional status initially.Financial Requirements: All sponsors must meet income requirements.

Loved ones in the United States

Family-Based Immigration

Family reunification remains the cornerstone of the U.S. immigration system. Each year, thousands of families begin their journey toward living together in the United States through family-based immigration. This guide will help you understand the different pathways available, eligibility requirements, and how to navigate the application process with confidence.

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FAMILY BASED IMMIGRATION

Family-Based Immigration Categories

The U.S. government divides family-based immigration into two main categories:

Immediate Relatives of U.S. Citizens

Spouses of U.S. Citizens (IR1/CR1) – If you’re married to a U.S. citizen, you may qualify for a green card. Learn more about the marriage-based green card process.
Parents of U.S. Citizens (IR5) – U.S. citizens who are at least 21 years old can petition for their parents to become permanent residents. Explore our parents green card guide.
Children of U.S. Citizens (IR2/CR2) – Unmarried children under 21 of U.S. citizens can be sponsored for permanent residency. Understand the process for children.

Family Preference Categories

These categories have annual numerical limitations and often involve longer wait times:

First Preference (F1): Unmarried adult children (21 or older) of U.S. citizens.
Second Preference (F2):
- F2A: Spouses and unmarried children (under 21) of permanent residents
- F2B: Unmarried adult children (21 or older) of permanent residents.
Third Preference (F3): Married children of U.S. citizens, regardless of age.
Fourth Preference (F4): Siblings of U.S. citizens, provided the U.S. citizen is at least 21 years old.

Learn more about annual caps on green cards with our guide on how to read the Visa Bulletin.

The Family-Based Immigration Process

File the Petition
- The U.S. citizen or permanent resident family member (the petitioner) must file Form I-130 (“Petition for Alien Relative”), with USCIS.
Wait for USCIS Approval
- After filing, USCIS will review your petition. Processing times vary based on the family relationship and USCIS workload.
Visa Availability
- Immediate relatives can proceed immediately after petition approval. Family preference categories must wait until a visa becomes available according to the Visa Bulletin.
Apply for a Green Card
- Depending on where the beneficiary lives, they will apply via one of the following processes:
  - Consular Processing: Apply for an immigrant visa at a U.S. embassy or consulate abroad.
  - Adjustment of Status: Apply to adjust status to permanent resident if already lawfully in the U.S.
Attend the Interview
- All applicants must attend an interview. Learn more about how to prepare for the green card interview.
Receive Your Green Card
- If approved, you’ll receive your green card and begin your life as a permanent resident in the United States.

Common Challenges in Family-Based Immigration

Proving a Bona Fide Relationship: Documents demonstrating the authenticity of your family relationship are an important part of the application.
Navigating Long Wait Times: Family preference categories often face significant backlogs. Understand how to check your place in line.
Addressing Inadmissibility Issues: Certain factors may make someone inadmissible to the U.S. Explore how to apply for a waiver of inadmissibility.
Understanding the Costs: Immigration applications involve various fees including filing fees, medical exam costs, and potential legal expenses.

Special Considerations

LGBTQ+ Families: Same-sex spouses have the same rights in the immigration process as opposite-sex couples.
Adopted Children: Learn about the process for international adoptions.
Conditional Residency: Spouses married less than two years receive conditional status initially.
Financial Requirements: All sponsors must meet income requirements.

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How to Renew a Green Card

The U.S. Immigration Process

U.S. Citizenship / Naturalization

Marriage-Based Green Cards, a Primer

Adjustment of Status, a Primer

CR1 / IR1 (Spouse) Visas

K-1 (Fiancé) Visas

IR-5 (Parent) Visas

B-1 / B-2 (Travel) Visas

Common Immigration Forms

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Still Got Questions? We’re On It

My partner and I haven’t met in person yet. Can we still apply?

You can start the application process, but you cannot submit the final application until you and your partner have met in person at least once within the two years before filing the petition. This is a mandatory requirement for the K-1 Fiancé Visa.

However, you can still get a head start!

Plan your meeting: Start making plans to meet your partner in person.

Learn the requirements: Familiarize yourself with the K-1 process and gather the necessary documents.

My fiancé(e) and I want to live together in the U.S., but we’re unsure of our options. Is K-1 the only route we can take?

No, the K-1 Fiancé(e) Visa isn’t your only option! If you’re not yet married but want to live in the U.S. together, consider the CR-1 Spousal Visa. This allows you to marry outside the U.S., and then your spouse can become a permanent resident.

Take our visa planning quiz to learn more about the K-1 Fiancé(e) Visa and CR-1 Spousal Visa and which might be the best fit for your situation.

Can I include my foreign-born children on the application?

Yes! If your children are unmarried and under 21, they can join you in the U.S. with K-2 visas.

Fengey makes it easy to include your children on your application, at no extra cost.

What’s the difference between Fengey Essential and Fengey Premium?

Both services offer expert guidance and support for your marriage green card application, but Fengey Premium provides an extra layer of confidence with personalized attorney support.

Essential (Guided) Application Service:

Our team of immigration experts helps you prepare, review, and submit your application accurately. You also get unlimited support via phone and chat.

Premium (Lawyer-Guided) Application Service:

Includes everything in Essential, plus a 1:1 legal consultation with an immigration attorney, an attorney review of your application, and a personalized interview preparation session with an attorney.

Can I switch from Premium to Essential if I change my mind?

While you can’t switch directly from Premium to Essential after signing up, you have a couple of options:

14-Day Money-Back Guarantee: If you’re within 14 days of purchasing Premium and decide it’s not the right fit, you can request a full refund and then sign up for Essential.

Upgrade from Essential: If you initially choose Essential but later decide you want attorney support, you can upgrade to Premium at any point during the process.

We want you to have the best experience possible, so please contact our support team at support.team@fengey.com if you have any questions or need assistance choosing the best service for your needs.

Do I need a lawyer for my visa application?

It depends on your individual needs and comfort level. While a lawyer isn’t always required for a successful application, they can provide valuable expertise and peace of mind, especially for complex cases or if you simply prefer professional legal guidance.

Here’s how Fengey can help:

Essential: Our team of immigration experts provides comprehensive support and guidance throughout the process, ensuring your application is accurate and complete.
Premium: Includes everything in Essential, plus personalized legal advice and support from an immigration attorney, including a consultation, application review, and interview preparation.

Ultimately, the decision is yours. Consider your specific circumstances, the complexity of your case, and your comfort level with navigating the immigration process independently.

Need help deciding? Contact our support team at help@fengey.com, and we’ll be happy to discuss your options and help you choose the path that best fits your needs.

How does the payment plan work?

We believe everyone should have access to expert immigration support, regardless of their financial situation. Our flexible payment plans make it easier to start your journey today and pay over time.

Here’s what makes our payment plans special:

No credit checks and no interest.
Choose your payment schedule: Pay over 6, 9, or 12 months.
Pay off your balance at any time.
Option to include government fees in your plan.

To explore your personalized payment options and get started on your application today, get started now.

Why bundle the Fengey cost and government costs?

Bundling your Fengey service fee and government fees simplifies your immigration journey and saves you time and stress.

Here’s how:

Easy budgeting: Pay one predictable monthly fee that covers everything.
No surprises: Avoid unexpected government fee increases or hidden costs.
Stress-free filing: We handle the payment to the government, eliminating potential errors and delays.
Flexible payment plans: Choose a plan that fits your budget and pay over time.

Ready to simplify your immigration journey? Explore our bundled payment options.

How do I get started?

Starting your journey with Fengey is easy!

Choose your path: Find the visa service that best fits your needs and goals.

Create an account: Sign up for a free account and start filling in your forms.

Relax and let us guide you: Our team of experts will take it from there, providing personalized support and guidance at every step.