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Inside Immigration

Plain-language guides to US immigration, asylum and USCIS procedure.

Forms · Family

Family petition for a relative

The first step in almost every family-based green card: a U.S. citizen or permanent resident files Form I-130 to prove the family relationship. The petition fixes a priority date but gives the relative nothing on its own - no status, no work permission, no right to be in the country. The green card comes afterwards, either through adjustment of status inside the United States or a consular interview abroad.

Typical time: 12.9 months national median for an immediate relative I-130 in FY 2026, plus the adjustment or consular stage. Preference categories are governed by the Visa Bulletin and can take years.Fees: $625 to $675 for the petition, then $1,390 to $1,440 for adjustment of status or $325 for a consular immigrant visa application plus the $235 USCIS Immigrant Fee.

Who it is for. U.S. citizens petitioning for a spouse, child, parent, or sibling, and permanent residents petitioning for a spouse or unmarried child.

The forms, in order

7 forms
I-130I-130AI-485DS-260I-864I-864AI-864EZ
  1. 1

    Work out the category and whether there is a queue

    Who
    The petitioner
    When
    Before filing
    Fee
    $0

    Immediate relatives of citizens - spouse, parent, unmarried child under 21 - have no wait. Everything else waits for a visa number under the monthly Visa Bulletin.

  2. 2

    File Form I-130 with proof of the relationship and of the petitioner's status

    I-130I-130A

    Who
    The petitioner
    When
    Any time; the filing date becomes the priority date
    Fee
    $675 paper or $625 online. No fee waiver is available.

    Form I-130A is the supplemental information sheet for a spouse beneficiary.

  3. 3

    Wait for approval and, in preference categories, for the priority date to become current

    Who
    USCIS, then the Visa Bulletin
    When
    12.9 months national median for immediate relatives in FY 2026; preference categories add years
    Fee
    $0

    F2A can move quickly; F4 sibling cases from some countries run more than two decades.

  4. 4

    Choose adjustment of status or consular processing

    I-485DS-260

    Who
    The beneficiary
    When
    When a visa number is available
    Fee
    See those processes

    Adjustment requires the beneficiary to be in the United States after a lawful entry, with limited exceptions.

  5. 5

    File the affidavit of support

    I-864I-864AI-864EZ

    Who
    The petitioner, plus any joint sponsor
    When
    With the I-485 or through the National Visa Center
    Fee
    $0 to USCIS; $120 for a domestic NVC affidavit of support review

    The obligation is enforceable and survives divorce.

Where it goes wrong

  • The I-130 has no fee waiver, so the first step is unavoidable and costs $625 or more.
  • An approved petition is not permission to be in the United States; people who wait here without status accrue unlawful presence.
  • A beneficiary who entered without inspection generally cannot adjust status and faces the three- and ten-year bars on leaving, unless 245(i) applies.
  • Denials go to the BIA on Form EOIR-29, not to the AAO on Form I-290B.
  • The petitioner's death usually ends the petition, though INA 204(l) and humanitarian reinstatement can save some cases.

What changed in 2025 and 2026

  • The State Department has issued 2025-26 guidance directing extra public charge scrutiny of immigrant visa applicants from nationalities it treats as at high risk of public benefits use.
  • New 08/24/26 editions of Forms I-864, I-864A and I-864EZ are out.
  • USCIS has been issuing notices to appear more readily after denials, which raises the cost of a weak filing.

Related processes

Sources: uscis.gov · uscis.gov · uscis.gov · uscis.gov · travel.state.gov · egov.uscis.gov · uscis.gov