Family Immigration FAQs

Answers

Frequently asked questions

How do I sponsor my spouse for a green card?

A U.S. citizen or lawful permanent resident spouse generally files a petition establishing the marital relationship, followed by an adjustment of status or consular processing step for the foreign spouse.

What is the difference between a K-1 visa and marriage-based immigration?

The K-1 fiancé visa allows a foreign fiancé to enter the U.S. to marry within a required period before applying for adjustment of status, while marriage-based immigration begins after the marriage has already occurred.

What is conditional permanent residence?

When a marriage is less than two years old at the time permanent residence is granted, the resulting green card is typically conditional for two years, requiring a joint petition to remove conditions before it becomes permanent.

What happens if I divorce before removing conditions?

A waiver of the joint filing requirement may be available in certain circumstances, such as divorce or hardship and should be evaluated based on the specific facts.

Can I sponsor my parents or siblings?

U.S. citizens may sponsor certain family members, including parents and siblings, subject to different categories and, for some categories, waiting periods based on visa availability.

How long does a family-based petition take?

Processing times vary significantly by relationship category, country of origin and current visa availability and should be checked against current USCIS and Department of State processing data.

Can my spouse work while a green card application is pending?

Work authorization eligibility while an adjustment application is pending depends on the specific application filed and current processing status.

What documents prove a bona fide marriage?

Joint financial records, shared leases or deeds, photographs, affidavits from third parties and other evidence of a shared life are commonly used.

Can same-sex marriages be sponsored the same way?

Yes, marriage-based immigration processes apply equally regardless of the spouses' genders, provided the marriage is legally valid where it was performed.

What is naturalization and when can I apply?

Naturalization is the process of becoming a U.S. citizen, generally available to lawful permanent residents who meet residency, physical presence and other statutory requirements.

Does a prior immigration violation affect a family petition?

It can. Prior unlawful presence, misrepresentation, or other violations may trigger inadmissibility issues that require a waiver or alternative strategy.

Can I travel internationally while my case is pending?

Travel while a case is pending can affect eligibility depending on the stage of the process, and appropriate travel documents should be confirmed before departure.

What is consular processing versus adjustment of status?

Adjustment of status is completed inside the United States; consular processing is completed at a U.S. embassy or consulate abroad. Which applies depends on the applicant's location and status.