Bringing your family to the U.S. later: an overview

Step 1 — Check who you can petition for

To help a relative immigrate, you must be a U.S. citizen, a green card holder, or a refugee or asylee admitted or granted asylum within the past 2 years (USCIS — Family). Refugees and asylees use a separate process (USCIS — Family of Refugees and Asylees).

Who you may file Form I-130 for, according to the official instructions (USCIS — I-130 instructions; USCIS — Family of Green Card Holders; USCIS — Parents; USCIS — Siblings):

No one can file Form I-130 for a grandparent, grandchild, nephew, niece, uncle, aunt, cousin or parent-in-law (USCIS — I-130 instructions).

For immigration, a “child” is unmarried and under 21; a “son” or “daughter” is married or 21 or older (USCIS — Children). Stepchildren and adopted children have extra rules, such as age limits at the time of the marriage or adoption (USCIS — Children).

On a temporary work visa? Spouses and unmarried children under 21 of H-1B or L-1 workers may come in H-4 or L-2 status (USCIS — H-1B; USCIS — L-1A); see spouses of visa holders.

Engaged, not married? Only a U.S. citizen can file Form I-129F for a fiancé(e) abroad (K-1 visa); the couple must marry within 90 days of arrival, and the fiancé(e) can then apply for a green card (USCIS — Fiancé(e) Visas).

Step 2 — Learn the two lines: immediate and preference

Family-based immigrant visas are of two types: “immediate relative” visas, not limited each year, and “family preference” visas, which are (State Department — Family Immigration).

• Immediate relatives are the spouse and the unmarried children under 21 of a U.S. citizen, and the parents of a U.S. citizen who is 21 or older. Their visas are unlimited, “so the visas are always available” (USCIS — Immediate Relatives): they don’t wait in line for a visa (USCIS — Family of U.S. Citizens).
• Family preference categories have yearly limits (USCIS — Visa Availability). USCIS lists them as (USCIS — Family Preference):
  • F1: unmarried sons and daughters (21 or older) of U.S. citizens;
  • F2A: spouses and unmarried children under 21 of permanent residents;
  • F2B: unmarried sons and daughters (21 or older) of permanent residents;
  • F3: married sons and daughters of U.S. citizens;
  • F4: brothers and sisters of U.S. citizens who are 21 or older.

Details people often miss:

• Who can come along. In F1, F3 and F4, the relative’s spouse and unmarried children under 21 can be listed on the same petition; when a permanent resident petitions, the relative’s unmarried children under 21 can be listed (USCIS — I-130 instructions). Immediate relatives can’t bring family along this way (USCIS — Immediate Relatives); a citizen petitioning for a spouse files a separate I-130 for each child (USCIS — I-130).
• If you become a citizen while your relative waits, visas become immediately available to your spouse and unmarried children under 21; tell USCIS or the State Department’s National Visa Center (NVC) (USCIS — I-130). See the path to citizenship.
• “Follow to join.” If you got your green card in a preference category, a spouse or children you already had then may follow you without a separate I-130 (USCIS — Spouses).

Step 3 — File Form I-130, the petition

Form I-130, Petition for Alien Relative, establishes the family relationship (USCIS — I-130). “The filing or approval of this petition does not give your relative any immigration status or benefit” (USCIS — I-130). If USCIS finds the relative removable, it may issue a Notice to Appear, which starts removal proceedings (USCIS Policy Manual). If your relative is in the U.S. without a valid status, talk to an authorized legal helper before you file.

What USCIS asks for, in short (USCIS — I-130):

• proof of your citizenship or permanent residence;
• proof of the relationship, such as a marriage certificate or birth certificates;
• for a spouse: Form I-130A and evidence that the marriage is real, such as a joint lease or combined finances;
• a full, certified English translation of any document in another language.

Recent changes. Under guidance of October 17, 2025, USCIS checks that a marriage is bona fide (entered into in good faith) when it decides the petition and again at the green card stage (USCIS — PA-2025-23). Since August 5, 2026, when primary evidence of a genetic relationship is unavailable, unreliable or insufficient, officers must suggest DNA testing as optional evidence (USCIS — PA-2026-06). Don’t send DNA samples with the form (USCIS — I-130).

Filing (USCIS — I-130):

• File online or by mail. Mailing addresses changed on October 7, 2026: check the filing addresses page first.
• In Part 4, choose exactly one option: adjustment of status inside the U.S. or consular processing abroad. Don’t choose both or leave it blank.
• Sign the form; USCIS rejects unsigned forms.

False information or documents lead to denial and can lead to criminal prosecution (USCIS — I-130 instructions).

Step 4 — Understand the Affidavit of Support (Form I-864)

Most family-based immigrants use Form I-864, signed by a sponsor, to show they have “adequate means of financial support and are not likely to rely on the U.S. government for financial support” (USCIS — I-864). USCIS calls it “a legally binding contract with the U.S. government”: if the immigrant receives means-tested public benefits, the agency that paid them can ask the sponsor to repay, and can sue (USCIS — I-864). Sponsors “should not take on this obligation if they are not prepared to follow through” (USCIS — I-864).

Since October 1, 2026, USCIS accepts only the edition dated 08/24/26, which lets USCIS request information from consumer reporting agencies (credit bureaus) (USCIS — I-864). The same page has an optional Sponsor Eligibility Tool, whose results don’t guarantee a decision (USCIS — I-864).

Step 5 — Know what happens after the petition

If your relative is outside the U.S., USCIS sends the approved petition to the NVC, which collects fees and documents (USCIS — Consular Processing). When a visa is available, a U.S. embassy or consulate schedules an interview; this is called consular processing (USCIS — Consular Processing). Tell the NVC if your relative moves, turns 21 or changes marital status: these changes may affect eligibility (USCIS — Consular Processing).

If your relative is already in the U.S., they may be able to apply with Form I-485 (“adjustment of status”) once a visa is available; immediate relatives can file it together with the I-130, but conditions and bars apply (USCIS — Immediate Relatives). See green card basics for both paths.

Check for country restrictions. Under Presidential Proclamation 10998, in effect since January 1, 2026, the State Department fully or partially suspended visa issuance, including immigrant visas, for nationals of 39 countries; the earlier exceptions for immediate family immigrant visas are “no longer available” (State Department — Suspension of Visa Issuance; Federal Register — Proclamation 10998). Since January 21, 2026, it has also paused immigrant visa issuance for nationals of a longer list of countries (State Department — Immigrant Visa Processing Updates). These pages were last updated February 2, 2026, and we could read only July 2026 copies: check the current versions, and get legal help if your relative’s country is listed.

After arrival. A spouse married to you for less than 2 years when they got permanent residence gets a conditional green card (USCIS — Spouses); see removing the conditions and joining your spouse in the U.S..

Step 6 — Follow the line: the Visa Bulletin

In the preference categories, your relative’s place in line is the priority date: the date the I-130 was properly filed, shown on the Form I-797 notice (USCIS — Visa Availability). The wait depends on visa demand and supply, per-country limits and the category (USCIS — Visa Availability).

The State Department publishes the Visa Bulletin every month (State Department — Visa Bulletin). A visa is available when the priority date is earlier than the cut-off date for the category and country; “C” means current, “U” means temporarily unavailable (USCIS — Visa Availability). For the bulletin’s two charts, see green card basics. USCIS lists current processing times on its Check Case Processing Times page (USCIS — Common Scams).

Questions about your family’s case? See free immigration legal help.