Summary. Everything, in the order it happens.


Part 1 — Category and wait

  • Petitioner's status confirmed: U.S. citizen or permanent resident
  • Relationship confirmed and documented
  • Category determined:

Citizen petitioner: spouse · child under 21 unmarried · parent (petitioner 21+) = immediate relative, no wait · unmarried adult son/daughter = F1 · married son/daughter = F3 · sibling (petitioner 21+) = F4

Permanent resident petitioner: spouse or child under 21 = F2A · unmarried adult son/daughter = F2B · married child, parent, sibling = no category

  • Country of chargeability identified — generally the beneficiary's country of birth
  • Cross-chargeability checked (spouse's or parent's country of birth, if shorter)
  • Current visa bulletin consulted; approximate wait noted
  • Decision: file now regardless of the wait — the priority date starts at filing

Statutory categories: 8 U.S.C. § 1153 · definitions: § 1101


Part 2 — Admissibility screen (before filing anything)

Screen the beneficiary against every item. Grounds are at 8 U.S.C. § 1182.

  • Any entry without inspection, ever — dates
  • Any period in the U.S. without status — exact dates and total
  • Any departure after 180+ days without status
  • Any reentry without admission after a year or more of unlawful presence — the harshest bar
  • Any removal order, deportation, expedited removal, or voluntary departure
  • Any arrest, charge, or conviction, anywhere, ever — certified dispositions ordered
  • Any prior visa or application denial
  • Any claim to U.S. citizenship on any form — generally no waiver
  • Any voting or voter registration in the U.S.
  • Any use of a false document or another identity
  • Any prior marriage not properly terminated
  • Any communicable disease or missing vaccinations
  • Any prior immigration filing the beneficiary did not personally review

If any box is checked → consultation with a licensed immigration attorney before filing.


Part 3 — File the petition

Procedure: 8 U.S.C. § 1154 · 8 C.F.R. Part 204

  • Petitioner's status proof: birth certificate / naturalization certificate / U.S. passport / green card
  • Relationship proof:
    • Spouse: marriage certificate + termination of every prior marriage for both parties + bona fides
    • Parent/child: birth certificate, plus additional proof for step, adopted, or legitimated relationships
    • Sibling: both birth certificates showing a common parent
  • Translations with certification of accuracy for every non-English document
  • Correct current fee
  • Signed
  • Complete copy retained
  • Filed and proof of filing kept

On receipt:

  • Priority date recorded in three places (paper, digital, and with a second person)
  • Receipt number recorded
  • Receipt notice photographed and emailed to yourself

Part 4 — Marriage bona fides (start immediately, continue annually)

Create one folder per year and add:

  • Joint tax return or transcript
  • Joint bank/credit account statements showing real activity
  • Lease or mortgage statement, both names
  • Insurance declarations naming each other
  • Beneficiary designations
  • Utility bills in both names, one per quarter
  • Photographs from the year, with other people, at identifiable events
  • Travel records together
  • Correspondence addressed to both
  • Children's birth certificates as they arrive
  • Affidavits from people who know you — specific detail, not identical form letters

Part 5 — Maintaining a preference case during the wait

  • Address changes reported to the agency every time, within the deadline
  • Address changes reported to the National Visa Center once the case is there
  • Visa bulletin checked quarterly
  • Relationship evidence added annually
  • Passports kept from expiring, and expired ones never discarded

Category-changing events — evaluate BEFORE they happen:

  • Petitioner naturalizes → F2A converts to immediate relative (faster) · F2B converts to F1 (sometimes slower — election to remain in F2B available)
  • Beneficiary marries → F1 becomes F3 (survives) · F2B is revoked unless the petitioner naturalized first
  • Beneficiary divorces → F3 may convert to F1
  • Child approaches 21 → Child Status Protection Act calculation run
  • Petitioner dies → humanitarian reinstatement and substitute sponsor evaluated immediately

Child Status Protection Act:

  • Age at visa availability minus petition pending time computed
  • If under 21: permanent residence sought within ONE YEAR of visa availability — this requirement is where protection is lost
  • If aged out: alternate path researched now, not later

Part 6 — Choosing the path

Adjustment of status (8 U.S.C. § 1255 · 8 C.F.R. Part 245)

  • Lawful entry confirmed — inspection and admission, or parole
  • Status maintained, or an exception applies (immediate relatives generally excepted)
  • Visa immediately available
  • Work authorization and advance parole requested with the application, if wanted
  • Advance parole travel risk checked with counsel before any trip

Consular processing

  • Understood: departure triggers the unlawful presence bars — 3 years (180+ days) / 10 years (1 year+)
  • If unlawful presence exists, provisional waiver evaluated and approved BEFORE departure
  • Qualifying relative confirmed: U.S. citizen or LPR spouse or parent — NOT a child
  • No travel booked until the waiver is approved

Part 7 — National Visa Center (consular cases)

  • Immigrant visa fee paid
  • Affidavit of support fee paid
  • Agent of choice designated
  • Application form completed for each applicant

Civil documents, per applicant:

  • Passport biographic page, valid well past anticipated entry
  • Birth certificate, long form, both parents shown
  • Marriage certificate
  • Divorce decrees / death certificates for every prior marriage, both spouses
  • Police certificates from every qualifying country of residence
  • Court and prison records for every arrest, regardless of outcome
  • Military records where applicable
  • Complete translations with certification of accuracy
  • Country reciprocity information checked for what is actually obtainable
  • Certification of unavailability + secondary evidence where a document does not exist

Sequencing:

  • Slow documents (foreign birth certificates, police certificates, foreign court records) ordered 12–18 months early

Part 8 — Affidavit of support

  • Petitioner signs, regardless of income
  • Household size computed: sponsor + dependents + immigrant + anyone previously sponsored
  • Income compared to the current poverty-guideline percentage for that household size
  • If short, one of: assets at the required multiple · household member income with a signed contract · joint sponsor qualifying independently
  • Most recent federal return or transcript (three years is stronger)
  • W-2s, current pay statements, employer letter
  • Asset documentation where used
  • U.S. domicile established — required, and a real issue for petitioners abroad
  • Every signer briefed: the obligation is enforceable, survives divorce, and ends only on defined events

Part 9 — Medical examination

  • Designated civil surgeon (adjustment) or panel physician (consular) — not your own doctor
  • Vaccination records located and brought
  • Vaccination waiver requested if medically contraindicated or on religious/moral grounds
  • Any condition likely to raise an issue discussed with counsel first
  • Validity period noted — an expired exam must be redone at full cost

Part 10 — The interview

  • Appointment notice
  • All passports
  • Originals of every civil document
  • Complete copy of everything filed
  • Updated affidavit of support financials if a year has passed
  • Relationship evidence, tabbed, with an index
  • Interpreter arranged if permitted and needed
  • Accommodation requested in advance if needed

In marriage cases, be ready for: how you met · daily routine · who pays which bills · recent holidays · each other's family · the home you share

  • Answer truthfully; answer only what is asked; say so if you do not remember
  • Never rehearse a false account — it is a federal offense with a permanent bar

Part 11 — Requests for evidence, refusals, denials

  • RFE deadline calendared the day it arrives
  • Every numbered item answered in order, completely
  • Sent with delivery confirmation, proof kept
  • Consular refusal sheet read exactly; only what it names provided; stated procedure followed
  • Petition denial: appeal or motion deadline calendared immediately
  • Adjustment denial: renewal in removal proceedings evaluated with counsel
  • Inadmissibility refusal: waiver availability and qualifying relative confirmed

Part 12 — After approval

  • Entry made before the visa expires
  • Green card receipt confirmed; followed up if it does not arrive
  • If conditional (marriage under two years old at grant): ninety-day window before the second anniversary calendared the day the card arrives
  • Joint petition to remove conditions filed in that window with two more years of bona fides
  • If the marriage ended: waiver of joint filing requested on good faith · battery or extreme cruelty · or extreme hardship
  • Naturalization eligibility date calculated and calendared

Related documents

Educational only, not legal advice. Fees, forms, and processing change frequently. Consult a licensed immigration attorney before filing and before any international travel.