This refers to U.S. citizens or permanent residents sponsoring family members for U.S. permanent residency. U.S. citizens can sponsor spouses, children, parents, and siblings (parents and siblings only if the citizen is 21 or older), while permanent residents can sponsor spouses and unmarried children.Family-based immigration is categorized by the sponsor's status (citizen or permanent resident) and their relationship to the applicant, with required documents varying accordingly. Processing time depends heavily on the petitioner's status and relationship — immediate relatives of a U.S. citizen face no annual visa cap, while the other family preference categories (F1-F4) can involve waits of several years to over a decade depending on the priority date in the monthly Visa Bulletin.
U.S. citizens can sponsor a spouse, parents, children, and siblings, while green card holders can sponsor a spouse and unmarried children. Spouses, unmarried children under 21, and parents of U.S. citizens are Immediate Relatives and proceed with no visa bulletin backlog, whereas the F1 through F4 preference categories wait according to the relationship. DaeYang Immigration Law Group plans the case from category determination through relationship evidence and the Affidavit of Support (I-864).
Family-based immigration starts with the petitioner’s U.S. status and the beneficiary’s relationship, age, and marital status. Spouses of both citizens and green card holders can be sponsored, but the visa classification and visa bulletin treatment differ. Parents and siblings can be sponsored only by U.S. citizens aged 21 or older, not by green card holders.
Spouse · Children · Parents · Siblings
Classified as IR or F1·F3·F4 depending on relationship, age, and marital status
Spouse · Unmarried children
Mainly F2A·F2B. Cannot directly sponsor parents or siblings
| Petitioner | Beneficiary | Family category |
|---|---|---|
| U.S. citizen | Spouse | Immediate Relative (IR/CR), no annual visa cap |
| U.S. citizen | Unmarried child under 21 | Immediate Relative (IR), no annual visa cap |
| U.S. citizen aged 21+ | Parent | Immediate Relative (IR5), no annual visa cap |
| U.S. citizen | Unmarried child 21+ / Married child | F1 / F3 respectively, subject to the Visa Bulletin |
| U.S. citizen aged 21+ | Sibling | F4, subject to the Visa Bulletin |
| U.S. green card holder | Spouse · Unmarried child under 21 | F2A, subject to the Visa Bulletin |
| U.S. green card holder | Unmarried child 21+ | F2B, subject to the Visa Bulletin |
※ Separate legal requirements may apply to stepchildren, adopted children, children born out of wedlock, and widow(er)s. The table reflects the most common family relationships.
A single family relationship certificate does not complete a petition. U.S. immigration law examines whether the relationship is legally valid, whether the documents are consistent, and whether certain relationships require additional evidence.
Spouse | Legal validity and a bona fide marriage
Legal proof of marriage is the baseline, and depending on the case, evidence of a genuine marital relationship such as shared residence, joint finances, and communication records may be needed. If the marriage is less than two years old when permanent residence is granted, a two-year conditional green card is generally issued and conditions must later be removed.
Children | Age, marital status, and legal parent-child relationship
Besides biological children, qualifying stepchildren and adopted children may be eligible. For stepchildren, whether the marriage creating the relationship occurred before age 18 matters; for adopted children, adoption generally before age 16 plus legal custody and joint residence requirements apply, with exceptions.
Parents | The citizen’s age and the parent-child relationship
The petitioner must be a U.S. citizen aged 21 or older. The required proof differs for biological parents, stepparents, and adoptive parents and depends on when the relationship was established.
Siblings | A common parent
Only U.S. citizens aged 21 or older may file. The sibling relationship is proven through a common parent, and surname changes or inconsistent birth or marriage records may require additional documents.
Marriage, divorce, naturalization, or death during the case
Changes in family relationships or the petitioner’s status can change the category itself or affect whether the petition remains valid. For example, an unmarried child of a green card holder who marries can no longer keep ordinary F2B eligibility.
Even with the same eligibility, the documents required differ by relationship. Korean family relation, basic, and marriage certificates are the starting point, and any history of prior marriages, adoption, place of birth, or name changes requires documents connecting those records.
| Relationship | What is verified and key documents |
|---|---|
| Spouse | A valid marriage and genuine marital life. Beyond the marriage certificate and proof that prior marriages ended, records of shared residence, finances, and insurance, and children’s birth records may help. |
| Child | The parent-child relationship through a birth certificate or family records. Stepchildren and adopted children may need documents proving when the marriage or adoption occurred and other legal requirements. |
| Parent | The parent-child relationship through the petitioner’s birth and family records. For stepparents and adoptive parents, marriage and adoption records tied to when the relationship arose are also reviewed. |
| Sibling | A common parent, by comparing the birth and family records of the petitioner and beneficiary. Half-siblings, adoption, name changes, or prior marriages may require additional evidence. |
Actual documents and translation requirements depend on the relationship and on USCIS, NVC, and consular procedures. Names, dates of birth, and marital history should also be consistent across documents.
Immediate Relatives have no annual numerical limit, but for the F1·F2A·F2B·F3·F4 family preference categories, when an immigrant visa can be issued depends on the monthly Visa Bulletin published by the U.S. Department of State. You compare the Priority Date assigned when the petition was filed against the cutoff date for your category.
※ “Subject to the Visa Bulletin” means the category is limited by annual visa numbers. Whether and how long an applicant waits depends on their priority date and the cutoff dates published each month. Immediate Relatives (IR) of U.S. citizens do not wait on the Visa Bulletin.
How to read the family Visa Bulletin
In the family preference categories, timing depends on the category (F1·F2A·F2B·F3·F4), the Priority Date, and the country of chargeability.
| Item | Meaning and how to check |
|---|---|
| Your Priority Date | Generally the date the I-130 petition was properly filed with USCIS. Check the Priority Date on the receipt notice (I-797). |
| Final Action Dates | The cutoff for when an immigrant visa can be issued or permanent residence finally approved. Your priority date must be earlier than the cutoff for your category. |
| Dates for Filing | Used by the National Visa Center (NVC) for document preparation and submission. Which chart applies to I-485 filings inside the U.S. must be checked in USCIS’s monthly guidance. |
| Bulletin movement | Depending on demand and visa numbers, cutoff dates can advance, stand still, or retrogress. Even when a priority date is current, other adjudication steps proceed separately. |
※ Check the Family-Sponsored Preferences section for the relevant month. Most people born in Korea use the All Chargeability Areas Except Those Listed column, but this can vary with country of birth or exceptions.
The gap between the current cutoff date and today is not your remaining wait. The bulletin can advance, stand still, or retrogress, and I-130 review, document requests, and interview scheduling also affect the actual timeline.
When applying for an immigrant visa from Korea, after I-130 approval you generally confirm the bulletin for your preference category and submit the DS-260, I-864, and family and civil documents to the NVC, followed by a medical exam and an interview at the U.S. Embassy in Seoul. An interview is not scheduled immediately just because all documents are ready.
If you have a qualifying entry and stay history and meet the adjustment requirements in the U.S., an I-485 may be considered. Immediate Relatives of citizens are exempt from some requirements, but issues such as unlawful entry, removal orders, or misrepresentation are not automatically cured. Preference categories must also check the I-485 filing chart USCIS designates each month. A denied adjustment may lead to removal proceedings (NTA) depending on your status, so the risks should be reviewed before filing.
| Area | Typical documents and checks |
|---|---|
| Petitioner eligibility | U.S. passport or proof of citizenship, green card, and identity and residence records |
| Family relationship | Marriage, family relation, and basic certificates, birth certificates, and divorce, death, or adoption documents |
| Applicant identity | Passport, prior marriage, travel, and stay records, and police certificates if required |
| Affidavit of support | I-864, U.S. tax returns, employment and income evidence, and qualifying asset or joint sponsor documents |
| Final adjudication | DS-260 or I-485, medical exam, photos, interview documents, and related fees |
※ These are representative examples. Actual requirements vary by case type, agency, and filing path, and translation, original, notarization, and issue-date requirements should also be checked.
Most family-based cases require an Affidavit of Support (Form I-864) to confirm the petitioner’s financial ability. The general standard is 125% of the federal poverty guidelines for the household size, and certain active-duty military petitioners may use a different standard. Income is assessed not just by salary but by U.S. tax filings, current sustainable income, and household size together.
① Calculate household size and the U.S. residence standard first
Household size is determined considering the petitioner, beneficiaries, dependents, and existing support obligations. The poverty guidelines are updated every year, so outdated figures should not be used.
② If income is short, review qualifying assets
Cash-equivalent assets can supplement income, but there are generally asset multipliers applied to the shortfall and evidence requirements. For real estate, marketability and net value are examined.
③ Whether a joint sponsor can be used
A qualifying joint sponsor may be used, but this does not automatically remove the petitioner’s own obligation to file an affidavit of support.
④ U.S. domicile
U.S. citizens living abroad long-term may need to explain their U.S. address, ties, and plans to return. Sufficient income alone does not resolve every issue.
If a green card holder naturalizes after filing a family petition, the beneficiary’s visa classification can change. This does not always mean faster processing. The relationship and bulletin should be rechecked and, where needed, the agency handling the case notified of the status change.
| Beneficiary | What to review after naturalization |
|---|---|
| Spouse (F2A) | Automatically converts by operation of law to an Immediate Relative classification on the naturalization date, so no visa bulletin wait applies. Follow-up steps depend on the petition already filed and the agency handling it. |
| Unmarried child under 21 (F2A) | Converts to an Immediate Relative classification if under 21 at naturalization, with CSPA age determined as of the naturalization date. A derivative child in the spouse’s case may not be carried into the same petition, so check whether a separate I-130 is needed. |
| Unmarried child 21+ (F2B) | Generally converts to F1, the category for adult unmarried children of citizens. If F2B has a more favorable wait, however, the beneficiary may request to opt out of the F1 conversion and remain in F2B, subject to requirements. |
Married children fall under a separate category, and which is more favorable depends on the bulletin and case history. Before submitting proof of naturalization, review the receipt number, family composition, and derivative children’s eligibility together.
Even when the family relationship seems clear, age, marital status, changes in the petitioner’s status, and past U.S. stay history can lead to unexpected outcomes. The following are worth checking before filing.
A child approaching 21 | CSPA review
Under the Child Status Protection Act (CSPA), an immigration age different from the actual age may apply, but not automatically to every child. The calculation differs between Immediate Relatives and preference categories; in preference cases, the petition’s pending time, the date a visa became available, and the requirement to seek to acquire permanent residence generally within one year of that date must be examined. Possible exceptions should also be reviewed individually. Visa availability is generally determined using the Final Action Dates chart. The Department of State has applied this standard to consular processing from Korea, and USCIS applies the same standard to adjustment of status applications filed on or after August 15, 2025, so confirm which chart applies to your case when calculating the one-year deadline.
If the petitioner naturalizes
An F2A petition filed by a green card holder for a spouse automatically converts to an Immediate Relative case upon naturalization. An adult unmarried child’s F2B case typically converts to F1, but if F2B is more favorable, an opt-out may be requested subject to requirements. Notify USCIS or the NVC of the naturalization and check whether derivative children need separate petitions.
Changes in marital status
Marriage, divorce, or the death of a spouse can affect the current or anticipated family category. Special rules for widow(er)s and humanitarian discretion exist, but they should not be assumed to apply automatically.
Past unlawful presence, refused entry, or misrepresentation
Even if the relationship is recognized, separate inadmissibility grounds or bars to adjustment may exist. Departing the U.S. and attending an interview abroad can create new penalties, so legal review before departure is important.
Changes in family age or status during a long wait
Especially in long-wait categories like F3 and F4, the eligibility of an accompanying spouse or children can change. An approved petition should be distinguished from actual eligibility for visa issuance.
Family-based immigration involves several stages after confirming the relationship and filing the petition, including the Visa Bulletin, the affidavit of support, and background checks. I-130 approval does not guarantee a green card, and the process differs by each family member’s status and place of residence.
Confirm whether the petitioner is a U.S. citizen or green card holder, and the beneficiary’s marital status, age, and relationship. Determine first whether the case is an Immediate Relative or preference case, and review past entry and stay records and any bars to adjustment.
The petitioner files the I-130 and relationship evidence with U.S. Citizenship and Immigration Services (USCIS). For preference cases, the date the I-130 is properly filed usually becomes the Priority Date. The process can differ where concurrent filing in the U.S. is allowed.
USCIS reviews eligibility and the relationship evidence, and may issue a Request for Evidence (RFE). I-130 approval is approval of the family petition, not final approval of an immigrant visa or green card.
Immediate Relatives of U.S. citizens have no bulletin wait, but preference categories (F1·F2A·F2B·F3·F4) must compare the priority date with the State Department’s Visa Bulletin to confirm visa availability. Applicants in Korea usually go through consular processing via the NVC and U.S. Embassy, while eligible applicants in the U.S. consider I-485 adjustment of status.
For consular processing, prepare the DS-260, I-864 affidavit of support, and identity and relationship documents as directed by the NVC. For adjustment of status in the U.S., file the I-485 with supporting evidence. The order and timing of submissions can vary by category and filing path.
In consular processing, a medical exam and embassy interview determine whether the immigrant visa is issued. For adjustment in the U.S., USCIS conducts an interview or other review as needed. After approval, the beneficiary becomes a permanent resident upon U.S. entry or adjustment, and a conditional green card may be issued depending on the length of marriage.
We have compiled frequently asked questions from actual cases, from family eligibility to processing times, the affidavit of support, and children’s age issues.
No. A U.S. permanent resident can file family petitions only for a spouse and unmarried children. Petitions for parents and siblings are available only to U.S. citizens who are at least 21 years old.
A citizen’s spouse is an Immediate Relative and is not subject to annual immigrant visa limits, but individual steps such as I-130 review, identity and document checks, the affidavit of support, and the interview still apply. No visa bulletin wait does not mean immediate visa issuance.
Once the petitioner naturalizes, an F2A petition for a spouse automatically converts by operation of law to an Immediate Relative petition. USCIS or the NVC must still be given proof of naturalization to update the record, and you should check whether accompanying children now need their own petitions.
Generally, if the marriage is less than two years old when permanent residence is granted, a two-year conditional green card is issued. A petition to remove conditions (I-751) must then be filed within the required window, and the filing approach can vary with the relationship status or exceptions.
No. I-130 approval recognizes the qualifying family relationship; the immigrant visa or adjustment of status requires a separate final adjudication. Preference-category cases can be finalized only once the visa bulletin is current for the priority date.
Not necessarily. Depending on lawful admission, current immigration history, and visa number availability, adjustment of status (I-485) inside the U.S. may be possible. Issues such as unlawful presence, manner of entry, or reentry bars require separate review.
Not necessarily. A qualifying joint sponsor or qualifying assets may be used. However, the petitioner usually still has to file their own I-864, and the calculation depends on household size, domicile, and income sources.
Not automatically. The Child Status Protection Act (CSPA) may apply, and the calculation method and reference dates differ by family category. In preference categories, the requirement to seek to acquire permanent residence within one year is critical, so the birth date, petition filing and approval dates, and visa bulletin should be reviewed together.
In the sibling category (F4), the principal beneficiary’s spouse and qualifying unmarried children may be derivative beneficiaries. Age, marital status, and CSPA eligibility must be reviewed separately.
The bulletin date marks the priority-date range eligible in a given month. Today’s date minus that date is not your remaining wait, and the bulletin can advance, stand still, or retrogress. USCIS petition processing times and consular interview scheduling must also be considered.
Family Visa Bulletin cutoffs and related procedures can change. Check the latest U.S. Department of State release for exact dates.
