Family-Based Immigration

Family is the most common reason people immigrate to the United States. If you are a U.S. citizen or lawful permanent resident and you want to bring a spouse, parent, child, fiancé(e), or sibling to live with you in the U.S. — or if you are a family member trying to immigrate through a relative — I can help you understand which path applies and prepare a strong petition.

I am Anna Ignatenko McLean (formerly known as Anna Ignatenko McLean). I have practiced immigration exclusively for 15+ years and handle family-based cases from the initial I-130 petition through consular processing, adjustment of status, removal of conditions, and waivers when needed. Consultations in English, Russian, and Spanish.

Most family-based cases are won or lost on documentation. The earlier you involve an attorney, the cleaner your case. Call (415) 212-9009 or email contact@aimimmigration.com.

Who Can Sponsor a Family Member?

U.S. Citizens May Petition For:

  • Spouse

  • Unmarried children under 21

  • Unmarried adult children (21 or older)

  • Married children of any age

  • Parents (biological, step-, or adoptive — petitioner must be 21 or older)

  • Siblings (petitioner must be 21 or older)

Lawful Permanent Residents (Green Card Holders) May Petition For:

  • Spouse

  • Unmarried children under 21

  • Unmarried adult children

Immediate Relative vs. Preference Categories

Immediate Relatives — No Visa Cap, No Waiting

Spouses, parents, and unmarried children under 21 of U.S. citizens are "immediate relatives." There is no annual numerical cap on these visas, so there is generally no waiting line beyond normal USCIS processing times.

Preference Categories — Annual Caps Create Waiting Lines

  • F1: Unmarried adult children of U.S. citizens

  • F2A: Spouses and unmarried children under 21 of permanent residents

  • F2B: Unmarried adult children of permanent residents

  • F3: Married children of U.S. citizens

  • F4: Siblings of U.S. citizens

These categories have annual visa caps. Wait times range from a few years to two decades or more — particularly for applicants from Mexico, the Philippines, India, and China. The U.S. Department of State publishes a monthly Visa Bulletin showing current wait times. I will tell you, in our consultation, what wait time to expect for your category and country.

How the Process Works

Consular Processing — When the Relative Is Abroad

  1. U.S. citizen or LPR petitioner files Form I-130 with USCIS.

  2. After approval, the case transfers to the National Visa Center (NVC).

  3. NVC collects fees, supporting documents, and the visa application.

  4. The case is sent to the appropriate U.S. consulate or embassy.

  5. The relative attends a visa interview. An approved visa allows entry to the U.S.

Adjustment of Status — When the Relative Is Inside the U.S.

  1. Petitioner submits Form I-130.

  2. Eligible relatives file Forms I-485 (adjustment), I-765 (work permit), and I-131 (advance parole) concurrently with — or after — the I-130.

  3. USCIS schedules an interview.

  4. If approved, the relative becomes a lawful permanent resident.

Marriage-Based Cases — What USCIS Looks For

Marriage fraud is taken seriously and carries severe civil and criminal penalties. USCIS examines whether a marriage is bona fide — entered into for the purpose of building a life together, not for the purpose of obtaining immigration benefits. Strong evidence of a bona fide marriage includes:

  • Joint lease or mortgage, joint bank and credit accounts, joint tax returns

  • Insurance policies naming the spouse as beneficiary

  • Children of the marriage

  • Photographs over time with family and friends

  • Travel records and shared experiences

  • Affidavits from family, friends, employers, neighbors

USCIS officers conduct interviews and, in some cases, home visits. I prepare clients carefully for the interview, including separated interviews when USCIS requests them.

Fiancé (K-1) Visas

Only U.S. citizens may file fiancé visa petitions. Requirements:

  • The U.S. citizen and fiancé(e) must have met in person within the last 2 years (with limited cultural/medical exceptions).

  • Both parties must be free to marry.

  • After visa issuance, the fiancé(e) must enter the U.S. within 6 months.

  • The marriage must take place within 90 days of entry.

  • The K-1 holder must file for adjustment of status after marriage.

Removal of Conditions on Residence (Form I-751)

If you obtained your green card through marriage that was less than 2 years old at the time of approval, you received conditional permanent residence. Within the 90-day window before your conditional green card expires, you must file Form I-751 — typically jointly with your spouse — to remove the conditions and obtain a 10-year green card.

If you are separated, divorced, or are a survivor of abuse, you may file the I-751 with a waiver request and supporting evidence. Failure to file on time risks termination of status and removal proceedings.

Waivers of Inadmissibility

Several grounds of inadmissibility — including unlawful presence, certain criminal convictions, immigration fraud, prior removal orders, public charge concerns, and certain health conditions — can be cured with a waiver if you qualify. Common waivers include:

  • I-601A Provisional Unlawful Presence Waiver — allows certain applicants to apply for a waiver from inside the U.S. before traveling for consular processing.

  • I-601 Waiver — for a broader range of grounds of inadmissibility, generally filed in connection with a consular case.

  • I-212 Consent to Reapply for Admission — for applicants who were previously removed and need permission to apply for a new visa.

  • 212(h) Waiver — for certain criminal grounds of inadmissibility.

Most waivers require demonstrating extreme hardship to a qualifying U.S. citizen or permanent resident relative.

I-730 Follow-to-Join (for Asylees and Refugees)

If you have been granted asylum or refugee status, you may petition for your spouse and unmarried children under 21 abroad using Form I-730. The petition must generally be filed within 2 years of your grant of asylum or refugee status (limited humanitarian exceptions exist).

Affidavit of Support

Most family-based petitioners must file Form I-864 Affidavit of Support, demonstrating income at or above 125% of the federal poverty guidelines for the household size. Joint sponsors may substitute when the petitioner's income alone is not sufficient.

Frequently Asked Questions

How long does a marriage-based green card take?

If your spouse is a U.S. citizen and you are inside the U.S., adjustment of status currently runs from approximately 10 to 18+ months depending on the USCIS field office. Consular processing varies by post but is generally 12–24 months. LPR-spouse cases take longer due to F2A category wait times — though F2A has been current or near-current in recent years.

My spouse and I had a fight at the USCIS interview. Will our case be denied?

Not necessarily. USCIS officers expect couples to disagree on small details. Denials happen when there is evidence of fraud — not when spouses give different answers about who took out the trash. If you are concerned about an interview, I prepare clients carefully.

What if my I-751 (removal of conditions) is denied?

A denied I-751 typically results in the issuance of a Notice to Appear and removal proceedings. The case can often be renewed before the immigration judge. Contact me as soon as you receive a denial — there are strict timelines.

Can I sponsor my parents if I am a green card holder?

No. Only U.S. citizens can sponsor parents. You must naturalize first.

My fiancé(e) and I have never met in person. Can I still file a K-1?

Generally, no — USCIS requires that the U.S. citizen and fiancé(e) have met in person within the last 2 years. Limited cultural or medical hardship exceptions exist but are rarely granted.