Family Sponsorship
Reviewed by the Commoner Law Editorial Team. Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Family-based immigration is the largest category of legal immigration to the United States. U.S. citizens and lawful permanent residents (green card holders) can sponsor certain family members for immigration. The system divides family immigration into two groups: immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents) who have no annual cap, and family preference categories (F1 through F4) that have limited numbers and often long waiting periods.
The sponsoring relative files Form I-130 (Petition for Alien Relative) with USCIS. Once approved and a visa number is available, the beneficiary either adjusts status in the U.S. (Form I-485) or goes through consular processing abroad. The sponsor must also file Form I-864 (Affidavit of Support), proving they earn at least 125% of the federal poverty guidelines and will financially support the immigrant.
When does it apply?
This applies when:
- You are a U.S. citizen and want to sponsor your spouse, child, parent, or sibling for a green card
- You are a lawful permanent resident and want to sponsor your spouse or unmarried child
- You are a family member of a U.S. citizen or green card holder and have been petitioned for immigration
Family categories and wait times:
- Immediate Relatives (IR): Spouses, unmarried children under 21, and parents of U.S. citizens age 21 or older. No annual numerical limit. Processing time: typically 12 to 24 months total.
- F1: Unmarried sons and daughters (21+) of U.S. citizens. Current wait: approximately 8 to 12 years depending on country of birth.
- F2A: Spouses and children (under 21) of lawful permanent residents. Current wait: approximately 2 to 5 years.
- F2B: Unmarried sons and daughters (21+) of lawful permanent residents. Current wait: approximately 7 to 12 years.
- F3: Married sons and daughters of U.S. citizens. Current wait: approximately 15 to 23 years.
- F4: Brothers and sisters of adult U.S. citizens. Current wait: approximately 15 to 24 years.
Key costs:
- Form I-130 filing fee: $535
- Form I-485 (adjustment of status) filing fee: $1,440 (includes biometrics)
- Form I-864 (affidavit of support): no filing fee
- Consular processing (immigrant visa fee): $325
- USCIS Immigrant Fee (green card production): $235
What should you do?
Step 1: Determine which category applies. Check the monthly Visa Bulletin at travel.state.gov to understand current wait times for your preference category and country of birth.
Step 2: The U.S. citizen or permanent resident sponsor files Form I-130 (Petition for Alien Relative) with USCIS. Filing fee is $535. Include proof of the qualifying relationship: marriage certificate, birth certificates, or adoption records.
Step 3: When the priority date becomes current (a visa number is available), the beneficiary chooses between adjustment of status (if in the U.S.) or consular processing (if abroad). Immediate relatives can file I-130 and I-485 concurrently since they have no wait.
Step 4: The sponsor files Form I-864 (Affidavit of Support), demonstrating household income of at least 125% of the federal poverty guidelines. For 2024, this is $25,550 for a household of 2. If the sponsor's income is insufficient, a joint sponsor can co-sign.
Step 5: The beneficiary completes a medical examination with a USCIS-designated civil surgeon (Form I-693) and attends a biometrics appointment.
Step 6: Attend the adjustment of status interview at a USCIS field office or the consular interview at a U.S. embassy. Bring all original documents: passports, civil documents, financial records, and the I-797 approval notice.
What should you NOT do?
Don't enter a fraudulent marriage for immigration purposes. Marriage fraud is a federal crime under INA section 275(c) (8 U.S.C. section 1325(c)), punishable by up to 5 years in prison and a $250,000 fine. USCIS aggressively investigates suspected fraud cases.
Don't file the I-130 before meeting eligibility requirements. LPR sponsors cannot petition for married children or siblings. Only U.S. citizens can file for parents, married children, and siblings. Filing in the wrong category causes denial and wasted fees.
Don't let your I-130 approval expire. Once the I-130 is approved, you must take action when your priority date becomes current. Monitor the Visa Bulletin monthly and respond promptly to notices from the National Visa Center (NVC).
Don't ignore the income requirement. The I-864 Affidavit of Support is a legally binding contract. If the sponsored immigrant receives means-tested public benefits, the government can sue the sponsor for reimbursement. Make sure you genuinely meet the 125% poverty guideline threshold before signing.
Don't travel outside the U.S. while your adjustment of status is pending without first obtaining advance parole (Form I-131). Leaving without advance parole is treated as abandonment of your application for most applicants.
Common Questions
When does family sponsorship apply?
This applies when:You are a U.S. citizen and want to sponsor your spouse, child, parent, or sibling for a green cardYou are a lawful permanent resident and want to sponsor your spouse or unmarried childYou are a family member of a U.S. citizen or green card holder and have been petitioned for immigrationFamily categories and wait times:Immediate Relatives (IR): Spouses, unmarried children under 21, and parents of U.S. citizens age 21 or older. No annual numerical limit. Processing time: typically 12 to 24 months total.F1: Unmarried sons and daughters (21+) of U.S. citizens. Current wait: appro...
What should I do about family sponsorship?
Step 1: Determine which category applies. Check the monthly Visa Bulletin at travel.state.gov to understand current wait times for your preference category and country of birth.Step 2: The U.S. citizen or permanent resident sponsor files Form I-130 (Petition for Alien Relative) with USCIS. Filing fee is $535. Include proof of the qualifying relationship: marriage certificate, birth certificates, or adoption records.Step 3: When the priority date becomes current (a visa number is available), the beneficiary chooses between adjustment of status (if in the U.S.) or consular processing (if abroad)...
What mistakes should I avoid with family sponsorship?
Don't enter a fraudulent marriage for immigration purposes. Marriage fraud is a federal crime under INA section 275(c) (8 U.S.C. section 1325(c)), punishable by up to 5 years in prison and a $250,000 fine. USCIS aggressively investigates suspected fraud cases.Don't file the I-130 before meeting eligibility requirements. LPR sponsors cannot petition for married children or siblings. Only U.S. citizens can file for parents, married children, and siblings. Filing in the wrong category causes denial and wasted fees.Don't let your I-130 approval expire. Once the I-130 is approved, you must take act...
Legal Resources
We may earn a commission if you use these services — at no extra cost to you. This supports our mission to make legal information free for everyone.