Marriage green cards, family petitions, adjustment of status, consular processing. Reunite with your loved ones.
Family reunification is a cornerstone of United States immigration law. Whether you are sponsoring a spouse, parent, child, or sibling, the family-based immigration process involves detailed legal requirements, strict documentation standards, and significant processing timelines. At Fitenko Law PLLC, we help families navigate every step of the process with care, precision, and a deep understanding of USCIS adjudication standards.
A marriage-based green card is one of the most common pathways to lawful permanent residency in the United States. A U.S. citizen or lawful permanent resident may sponsor their spouse for a green card through either adjustment of status (if the spouse is already in the U.S.) or consular processing (if the spouse is abroad).
The process typically involves:
For couples married less than two years at the time of approval, USCIS grants conditional permanent residency, which is valid for two years. Within the 90-day window before expiration, the couple must file Form I-751 to remove conditions and obtain a permanent ten-year green card. We assist with both the initial application and the condition removal process, including cases involving divorce, abuse, or the death of the petitioning spouse.
Immediate relatives of U.S. citizens sit outside the quota system entirely: no annual cap, and no wait for a visa number in the Visa Bulletin. Once the I-130 is approved the case moves straight to the final stage. The category is defined narrowly:
No quota does not mean no clock. An immediate-relative case typically runs 12 to 24 months, depending on whether the relative is inside the United States — where adjustment of status (AOS) may be available — or abroad, and on current USCIS and consular backlogs.
Beyond immediate relatives (spouses, parents, and unmarried children under 21 of U.S. citizens), U.S. immigration law establishes four family preference categories with annual numerical limits:
Processing times for family preference categories vary significantly based on the beneficiary’s country of birth and category. Some categories face backlogs of many years. We advise clients on realistic timelines, maintaining valid immigration status during the wait, and strategies to protect their place in line.
Adjustment of status allows eligible individuals already present in the United States to apply for permanent residency without returning to their home country for consular processing. This process includes a biometrics appointment, potential interview at a local USCIS field office, and medical examination (Form I-693). We prepare clients thoroughly for the adjustment interview, ensuring they have complete documentation and understand what to expect.
When the beneficiary is outside the United States or is otherwise ineligible to adjust status domestically, the case is processed through a U.S. consulate or embassy abroad. After USCIS approves the I-130 petition, the case transfers to the National Visa Center (NVC), which collects fees, civil documents, and the affidavit of support before scheduling a consular interview. We guide families through NVC processing and consular interview preparation, including cases involving potential inadmissibility grounds and waiver applications.
Family immigration cases can encounter complications, including prior immigration violations, unlawful presence bars, prior denials, age-out issues for children under the Child Status Protection Act (CSPA), and questions about the bona fides of a marriage. Attorney Fitenko has experience addressing these challenges head-on, filing waiver applications when necessary, and building compelling evidentiary records.
“Family is at the heart of immigration law. Every case we handle represents real people waiting to be together. We treat every family’s case with the urgency and compassion it deserves.”
Some applicants are found inadmissible, most often for a prior period of unlawful presence. The I-601A provisional waiver lets qualifying relatives of U.S. citizens apply for that forgiveness while still inside the United States, so the family is separated for days around the consular interview rather than months. The standard is extreme hardship to a qualifying U.S. citizen or permanent-resident relative, and it is proved with documented financial, medical and country-condition evidence.
For the spouse of a U.S. citizen there is no visa queue at all — the wait is processing time, commonly 12 to 24 months from filing to green card, varying with the field office and with whether you adjust status inside the United States or process at a consulate abroad. The spouse of a permanent resident waits additionally for a visa number in the F2A category, which moves with the monthly Visa Bulletin.
The sponsor signs Form I-864 and must show income at 125% of the federal poverty guidelines for the household size, counting the intending immigrant. Active-duty military sponsoring a spouse or child need only 100%. Where income falls short, assets or a joint sponsor can close the gap. The affidavit is a contract enforceable by the immigrant and by government agencies, not a formality that expires with the case.
If you have been married less than two years when residency is approved, it is granted conditionally for two years. Form I-751 is filed in the 90 days before the card expires, jointly with your spouse where that is possible. Divorce, abuse, or the death of the petitioning spouse do not end the case — each supports a waiver of the joint-filing requirement, prepared with the evidence USCIS expects to see.
A U.S. citizen aged 21 or older may petition for parents as immediate relatives, with no numerical limit and no queue. Siblings fall into the F4 preference category, which is capped and is currently the longest family queue — well over a decade for most countries of birth. Permanent residents cannot petition parents or siblings at all; their petitions are limited to a spouse and unmarried children.
Contact Attorney Ekaterina Fitenko for a consultation to discuss your family-based immigration options. We guide families through the entire process in English and Russian, ensuring nothing is overlooked.