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
- Family-Based Immigration: Petitions, Priority Dates, and Adjustment of Status
- Sponsoring a Family Member for Permanent Residence
- Family Immigration Toolkit
- Naturalization and Citizenship: Eligibility, Good Moral Character, and the Interview
- Applying for Naturalization
Educational only, not legal advice. Fees, forms, and processing change frequently. Consult a licensed immigration attorney before filing and before any international travel.