Family Sponsorship in the U.S.: How to Bring Your Spouse or Children

For many families, the ultimate dream is living together without borders. If you’re a U.S. citizen or lawful permanent resident (green card holder), you may have the right to sponsor your spouse or children for a U.S. green card.

But family-based immigration can feel overwhelming—different categories, wait times, forms, and processes. Understanding how sponsorship works is the first step toward keeping your family together.

This blog explains who can sponsor whom, how the process works, how long it takes, and the key decisions you’ll need to make.

Who Can Sponsor Family Members?

Only U.S. citizens and green card holders can sponsor family members for permanent residence.U.S. citizens can sponsor:

- Spouse

- Unmarried children under 21- Adult children (unmarried or married, any age)

- Parents (if the citizen is 21 or older)

- Siblings (if the citizen is 21 or older) Green card holders can sponsor:

- Spouse

- Unmarried children (any age)Temporary visa holders cannot sponsor directly—you must first become a green card holder or U.S. citizen.

Immediate Relatives vs. Family Preference Categories

Family-based immigration is split into two main categories, which determine whether there’s a waiting list.

Immediate Relatives:

- Includes spouses, unmarried children under 21, and parents of U.S. citizens

- No annual quota or waiting list

- Processing is typically faster (often 12–18 months, but varies)

Family Preference Categories:

- Includes adult children and siblings of U.S. citizens, plus spouses and children of green card holders

- Subject to annual visa limits and a waiting list (priority date)

- Wait times range from 2 years to 15+ years, depending on the category and the applicant’s country of birth

Sponsoring a Spouse for a Green Card

If you’re married, your spouse may qualify for a green card through family sponsorship.

The process always starts with:

1. Form I‑130 (Petition for Alien Relative) filed by the U.S. citizen or green card holder

2. Once approved, the spouse can either:   

- Adjust status inside the U.S. if eligible, OR   

- Complete consular processing at a U.S. embassy/consulate abroad

If the petitioner is a U.S. citizen:

- Spouse is an Immediate Relative → no quota, no waitlist.

- Typically processed within 12–18 months, depending on USCIS and embassy backlogs.

If the petitioner is a green card holder:

- Spouse falls under F2A Family Preference → subject to annual visa limits.

- Current wait times fluctuate but are often 2–3 years if demand is high.

Sponsoring Children for a Green Card

Your ability to sponsor children depends on your status:U.S. citizens can sponsor:- Unmarried children under 21 (Immediate Relatives)- Unmarried adult children (Family First Preference)- Married adult children (Family Third Preference)Green card holders can sponsor:- Unmarried children only (F2A for under 21, F2B for over 21)Children under 21 in the Immediate Relative category typically have faster processing than adult children in Family Preference categories.

Adjustment of Status vs. Consular Processing

When sponsoring a family member, one can consider the adjustment of status or consular route, depending on your particular circumstances. Adjustment of Status (AOS):

- If your spouse or child is already lawfully in the U.S. (e.g., on a work visa or student visa), they may be eligible to file Form I‑485 to adjust status without leaving the country.

Benefits of AOS:

- Can remain in the U.S. while the green card is processed

- Can apply for work authorization (EAD) and travel document (Advance Parole) while waiting

- Avoids the need to attend an interview abroad

Limitations of AOS:

- Must have entered the U.S. lawfully (with a visa or inspection)

- Cannot have certain immigration violations (like unlawful presence or unauthorized work, unless forgiven for Immediate Relatives)

Consular Processing:

- If your spouse or child is living abroad or is not eligible for AOS, they will complete the process at a U.S. consulate.

- Usually faster for those living abroad but requires traveling for the interview

Case Study 1: Adjustment of Status for a Spouse Already in the U.S.

Maria, a foreign student in the U.S. on an F‑1 visa, married a U.S. citizen while finishing her degree. Instead of leaving the country, she filed for Adjustment of Status (Form I‑485) along with her spouse’s I‑130 petition.

- She received work authorization (EAD) and travel permission (Advance Parole) in about 4 months.

- She continued living with her spouse and didn’t have to return to her home country for an interview.

- In just under 12 months, she attended her green card interview at a local USCIS office and was approved the same day.

Case Study 2: Consular Processing for a Spouse Abroad

David, a U.S. green card holder, married Sara, who was living in her home country. Because she wasn’t in the U.S., she had to go through consular processing.

- David filed the I‑130, which was approved in about 9 months.

- The case then moved to the National Visa Center, where they submitted Sara’s civil documents and Affidavit of Support.

- After another few months, Sara attended her interview at the U.S. Embassy and was approved for an immigrant visa.- She entered the U.S. with her visa and was mailed her green card within a few weeks.

What About Fiancés? (K‑1 Visa)

If you’re engaged but not yet married, a K‑1 fiancé visa may be an option.

- Allows your fiancé to enter the U.S. for 90 days to get married

- After marriage, they can apply for a green card inside the U.S.

However, if you’re already married or plan to marry soon, spousal sponsorship is usually simpler and avoids the extra K‑1 step.

Can My Spouse Visit the U.S. While Waiting?

Many couples wonder if a spouse can visit the U.S. as a tourist while their green card is pending.

- Technically, yes—they can still apply for a tourist visa or enter under a visa waiver program.

- BUT they must show they are visiting temporarily and intend to return home.

- Frequent or long visits may raise concerns of immigrant intent, risking denial at the border.

If your spouse wants to live in the U.S. while waiting, Adjustment of Status is the better option if eligible.

How Long Does Family Sponsorship Take?

Timelines vary depending on:

- Whether you’re a U.S. citizen or green card holder

- Whether your family member is an Immediate Relative or Family Preference

- USCIS and consulate backlogs

Typical ranges:

- Spouses/children of U.S. citizens: 12–18 months

- Spouses/children of green card holders: 18–36 months

- Adult children/siblings: several years due to visa backlogs

Can Family Sponsorship Lead to Citizenship?

Yes. After getting a green card through family sponsorship:

- A spouse married to a U.S. citizen can apply for citizenship after 3 years

- All others can apply after 5 years of permanent residence

This makes spousal sponsorship one of the fastest paths to U.S. citizenship.

Common Mistakes in Family Sponsorship

- Filing the wrong forms or incomplete applications- Not providing enough proof of a genuine marriage (especially for spousal sponsorship)- Failing to meet financial requirements (Affidavit of Support, Form I‑864)- Misunderstanding eligibility for Adjustment of Status- Assuming a tourist visa can be used to bypass proper sponsorship

Why Work with an Immigration Lawyer?

Family sponsorship may seem straightforward, but U.S. immigration law has strict requirements that can delay or derail your case.At Tchern McCallum Immigration Law, we:- Assess the best strategy for your situation (AOS vs. consular processing)- File complete, accurate petitions with strong supporting evidence- Help you gather solid proof of relationship- Guide you on travel and work authorization while waiting- Prepare you for the USCIS or consular interviewWe’ve helped countless families reunite in the U.S. without unnecessary delays.

Ready to Bring Your Family to the U.S.?

Whether you’re sponsoring your spouse, children, or other close family members, we’ll help you navigate the process with confidence.Contact Tchern McCallum Immigration Law today to start your family sponsorship journey.