Family-Based Green Cards in California: How to Sponsor Your Spouse, Parent, or Child

Last Updated: February 2026

Family reunification has been a cornerstone of U.S. immigration policy for decades. For millions of immigrants living in California, the ability to sponsor a spouse, parent, child, or sibling for lawful permanent residence is not just a legal process; it is the fulfillment of a deeply personal promise to bring loved ones together under one roof.

But the family-based immigration system is also one of the most complex and, for some categories, one of the slowest parts of U.S. immigration law. Understanding how the system works, which family members you can sponsor, how long the process takes, and what pitfalls to avoid is essential to a successful outcome.

This guide walks you through the entire family-based Green Card process, from filing the initial petition to your family member receiving their permanent resident card.

How the Family-Based Immigration System Works

The family-based immigration system allows U.S. citizens and lawful permanent residents (Green Card holders) to petition for certain family members to receive immigrant visas (Green Cards). However, the system treats different family relationships very differently in terms of who you can sponsor and how long the process takes.

Two Categories: Immediate Relatives and Preference Categories

The family-based system is divided into two main groups:

Who Can Sponsor Whom: Citizens vs. Lawful Permanent Residents

Understanding the difference between what citizens and permanent residents can do is essential:

Step 1: Filing Form I-130 (Petition for Alien Relative)

The family-based Green Card process begins with Form I-130, the Petition for Alien Relative. This form is filed by the U.S. citizen or lawful permanent resident sponsor (called the “petitioner”) on behalf of the family member seeking the Green Card (called the “beneficiary”).

What Form I-130 Requires

The I-130 establishes the qualifying family relationship between the petitioner and the beneficiary. USCIS will require evidence of the relationship, which varies depending on the type of petition:

Filing Fee

The filing fee for Form I-130 is currently $625 (as of 2026). Check the USCIS website for the most current fee schedule, as fees are subject to change. The I-130 can be filed online or by mail.

Priority Date: Why It Matters

When USCIS receives your I-130 petition, the filing date becomes your priority date. For immediate relative petitions, the priority date is less significant because there is no wait. But for all preference categories, the priority date determines your place in line.

Understanding the Visa Bulletin and Priority Dates

The Department of State publishes the Visa Bulletin monthly. It contains two charts for family-based categories:

• Final Action Dates: This chart shows when a visa number is actually available for you to complete your case (either through adjustment of status or consular processing).
• Dates for Filing: This chart shows when you can submit your adjustment of status application (Form I-485), even though a visa number may not yet be finally available.

USCIS decides each month which chart applicants should use for filing purposes.

Current Wait Times by Category (February 2026 Visa Bulletin Reference)

Wait times vary significantly by category and by the beneficiary’s country of birth. Applicants born in Mexico, the Philippines, India, and China often face longer waits than applicants from other countries due to per-country limits.

These are approximate ranges and change monthly. Always check the current Visa Bulletin at the Department of State website for exact priority dates.

Family reunification is at the heart of the U.S. immigration system

Step 2: After I-130 Approval: Consular Processing vs. Adjustment of Status

Once your I-130 is approved and a visa number is available (immediately for immediate relatives, or when your priority date becomes current for preference categories), the beneficiary can proceed to obtain their Green Card through one of two pathways.

California USCIS field offices that conduct adjustment of status interviews include offices in San Diego, Los Angeles, San Francisco, San Jose, Sacramento, Santa Ana, and Fresno.

The Affidavit of Support: Form I-864

For virtually all family-based Green Card cases, the petitioner (sponsor) must file an Affidavit of Support on Form I-864. This is a legally binding contract in which the sponsor promises to financially support the beneficiary at an income level at least 125% of the Federal Poverty Guidelines (100% for active-duty military sponsors).

What the Sponsor Must Demonstrate

• Current household income that meets or exceeds the poverty guideline threshold for the household size (which includes the sponsor, the sponsor’s dependents, and the beneficiary and their dependents)
• If the sponsor’s income is insufficient, they can use assets (savings, property) valued at three to five times the shortfall, or they can add a joint sponsor who meets the income requirements independently

Consequences of the Affidavit of Support

The I-864 is enforceable. If the beneficiary receives certain means-tested public benefits after becoming a permanent resident, the government or the benefit-providing agency can sue the sponsor for reimbursement. The obligation generally lasts until the beneficiary becomes a U.S. citizen, earns 40 qualifying quarters of work credit under Social Security, permanently leaves the United States, or dies.

Marriage-Based Green Cards: Special Considerations

Marriage-based immigration is the most common family-based category and also the most closely scrutinized by USCIS for fraud. Here are special considerations for couples pursuing a marriage-based Green Card.

Bona Fide Marriage Requirement

USCIS will closely examine whether the marriage is genuine and not entered into solely for immigration purposes. Red flags that may trigger additional scrutiny include:

• Large age difference between the spouses
• Different native languages with limited ability to communicate
• Short courtship before marriage
• Discrepancies in testimony about the relationship
• Lack of commingled finances or shared living arrangements

Conditional Green Cards (Marriage Less Than 2 Years)

If the couple has been married for less than two years at the time the Green Card is issued, the beneficiary receives a conditional Green Card valid for only 2 years instead of the standard 10-year card. Before the conditional card expires, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence, with evidence that the marriage is still genuine and ongoing.

If the couple has divorced, the beneficiary can still file the I-751 with a waiver of the joint filing requirement, but the process is more complex and requires showing that the marriage was entered into in good faith.

The Marriage Interview

For marriage-based adjustment of status cases, USCIS conducts an in-person interview at a local field office. The officer may interview the couple together and separately, asking questions about their daily life, relationship history, living arrangements, and future plans. Being prepared and truthful is essential.

Complications That Can Derail Family-Based Green Card Cases

Several issues can complicate or delay the family-based Green Card process. Being aware of them in advance allows you to address them proactively.

Unlawful Presence Bars

Solutions include:

• Adjustment of status under INA Section 245(a): If the beneficiary entered lawfully (with a visa or parole) and is the immediate relative of a U.S. citizen, they may be able to adjust status in the U.S. without triggering the bar.
• Provisional unlawful presence waiver (Form I-601A): For immediate relatives of U.S. citizens and certain preference category beneficiaries, this waiver allows them to apply for forgiveness of the unlawful presence bar before departing for the consular interview, significantly reducing the risk.
• INA Section 245(i): Individuals who had a qualifying visa petition or labor certification filed before April 30, 2001, may be eligible to adjust status in the U.S. regardless of how they entered, though they must pay an additional $1,000 penalty fee.

Criminal History

Criminal convictions can create bars to admissibility, making the beneficiary ineligible for a Green Card. Common grounds of inadmissibility include crimes involving moral turpitude, drug offenses, and multiple criminal convictions. Waivers of inadmissibility (Form I-601) may be available in some cases.

Prior Immigration Violations

Prior deportation orders, immigration fraud, or misrepresentation can create long-term or permanent bars to obtaining a Green Card. An experienced attorney can evaluate whether a waiver is available.

Public Charge Rule

USCIS evaluates whether the beneficiary is likely to become a “public charge” (primarily dependent on government assistance). The Affidavit of Support (I-864) is the primary tool for overcoming this ground of inadmissibility. Having a sponsor with sufficient income or assets is essential.

Processing Time Estimates for Family-Based Cases in California (2026)

Processing times depend on the type of case and where it is processed:

Form I-130 Processing Times

• Immediate relatives (spouse, parent, child under 21): Approximately 10 to 18 months at USCIS service centers.
• Preference categories: Approximately 12 to 24 months for I-130 approval, plus additional time waiting for a visa number to become current.

Form I-485 (Adjustment of Status) Processing Times

Consular Processing Timeline

After NVC processing (approximately 4 to 8 months), the consular interview is typically scheduled within 2 to 6 months, depending on the Embassy or Consulate’s caseload.

How Bueno Immigration Helps Families Reunite

At Bueno Immigration, we are dedicated to helping families navigate the family-based immigration process from start to finish. We serve families across California, including in San Diego and Los Angeles, and work with beneficiaries going through consular processing at embassies worldwide.

Our family immigration services include:

• I-130 petition preparation and filing: We prepare thorough petitions with strong evidence of the qualifying family relationship, minimizing the risk of requests for evidence or denials.
• Adjustment of status (I-485): We prepare the complete adjustment package, including all supporting forms, and accompany clients to their USCIS interviews.
• Consular processing support: We guide families through the NVC process and help beneficiaries prepare for their consular interviews.
• Marriage-based Green Cards: We have extensive experience with marriage-based Green Card cases, including cases involving prior marriages, conditional residence, and complex evidentiary situations.
• Family-based Green Cards: Visit our dedicated family-based Green Card page for additional information.
• Waiver applications: For cases involving unlawful presence, criminal inadmissibility, or other complications, we prepare and file waiver applications (I-601, I-601A) with thorough documentation and legal arguments.
• Affidavit of Support issues: We help sponsors understand their obligations and assist with complex income and asset calculations, joint sponsors, and household size questions.

Our dedicated team serves families across California from our San Diego and San Rafael offices

Disclaimer: The information provided in this blog post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship with Bueno Immigration or Bueno Law. Immigration law is complex and changes frequently. Visa bulletin priority dates, processing times, filing fees, and eligibility requirements referenced in this article are subject to change. Individual results depend on the specific facts and circumstances of each case. If you need legal assistance with a family-based immigration matter, please contact our office to schedule a consultation with a licensed attorney.