Immediate Relative Green Card (spouse, child or parent of a U.S. citizen)

Requirements

• The U.S. citizen files Form I-130 for each relative.
• For parents, the citizen must be at least 21. Green card holders can't sponsor parents.
• The sponsor signs Form I-864, promising income of at least 125% of the poverty guidelines.
• Visas are always available, so there's no Visa Bulletin wait.
• Inside the U.S., the I-485 can be filed with the I-130 if you were inspected and admitted or paroled.
• Married under 2 years when approved: you get a 2-year conditional card (CR1).

How long you can stay

Permanent residence with a 10-year card, or a 2-year conditional card if the marriage is under 2 years old.

Timeline

On Sep 25, 2026, immediate-relative I-130 times varied widely (80% of cases). They ranged from 25.5 months at one center to 83.5 months at field offices. Family I-485s took about 13.5 to 36 months, depending on the local office. Check current processing times.

Government fees

Inside the U.S. you pay the I-485 fees. Abroad you pay the embassy fees and the USCIS Immigrant Fee. Form I-864 itself has no USCIS fee.

Typical attorney fees

Public pages show marriage green card fees of about $2,000–$6,000. One firm lists $5,000 flat for I-130 plus I-485.

Spouse & children

Immediate relatives can't bring family members along on the same petition. Each person, like a spouse's child, needs their own I-130.

Work

A green card lets you work for any employer or for yourself. While an I-485 is pending, you can apply for a work permit (I-765).

Path to a green card

This is a green card. A spouse living in marital union with a citizen may apply for citizenship after 3 years; others after 5.

Note for Korean applicants

There's no Visa Bulletin wait for immediate relatives. For people living in Korea, immigrant visa interviews are at the U.S. Embassy in Seoul.

Key documents

• Proof the petitioner is a U.S. citizen (passport or naturalization certificate)
• Marriage or birth certificates proving the relationship
• Evidence of a real marriage, for spouses
• Form I-864 with the sponsor's tax returns
• Civil documents with certified English translations

Common pitfalls

• Assuming a green card holder can sponsor parents (only citizens 21+ can)
• An I-864 with income below the required level
• Using an old I-864 edition: from Oct 1, 2026 USCIS accepts only the 08/24/26 edition
• Missing the I-751 window on a 2-year card
• Missing initial evidence — USCIS may deny without an RFE

Rules in flux

Official sources

• Green Card for Immediate Relatives of U.S. Citizen — USCIS
• I-130, Petition for Alien Relative — USCIS
• Bringing Spouses to Live in the United States as Permanent Residents — USCIS
• Bringing Parents to Live in the United States as Permanent Residents — USCIS
• 22 CFR 42.11 — Classification symbols (immigrant visas) — eCFR
• I-485, Application to Register Permanent Residence or Adjust Status — USCIS
• I-864, Affidavit of Support Under Section 213A of the INA — USCIS
• Final Rule: Public Charge Ground of Inadmissibility (Jul 20, 2026) — Federal Register
• Fee Schedule (Form G-1055), edition 09/09/26 — USCIS
• 22 CFR 22.1 — Schedule of fees for consular services — eCFR
• Fees for Visa Services — U.S. Department of State
• USCIS Immigrant Fee — USCIS
• Important Visa Information — U.S. Embassy & Consulate in the Republic of Korea — U.S. Embassy Seoul
• Check Case Processing Times — USCIS
• I am Married to a U.S. Citizen — USCIS
• I am a Lawful Permanent Resident of 5 Years — USCIS
• Policy Alert PA-2026-05: Evidence, Requests for Evidence, and Notices of Intent to Deny (Aug 5, 2026) — USCIS

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