Family petitions and marriage-based residency

What Form I-130 actually does

Form I-130, Petition for Alien Relative, is filed by a U.S. citizen, lawful permanent resident, or U.S. national to establish a qualifying relationship with an eligible relative. USCIS is explicit that filing it does not grant the relative any immigration status. It establishes the relationship, and nothing more. The immigration benefit is applied for separately.

Part 4 of the form asks whether the relative will apply through adjustment of status inside the United States or through consular processing abroad. USCIS instructs petitioners not to leave that section blank.

Adjustment of status, or consular processing?

Adjustment of status means applying for permanent residence on Form I-485 without leaving the United States. Consular processing means applying at a U.S. embassy or consulate abroad. Which route is available is not a preference. It depends on how the person entered, what status they hold now, and their immigration history.

USCIS requires that an immigrant visa be available before Form I-485 is filed. Immediate relatives of U.S. citizens generally have a visa available immediately; other categories wait for a priority date to become current, and that wait can be years.

Where the medical exam fits

Form I-693, the report of medical examination, is submitted with Form I-485. Applicants filing online upload the report from the opened sealed envelope provided by the civil surgeon; applicants filing by mail send it in the original sealed envelope.

Removing conditions after a recent marriage

If residence was granted through a marriage that was less than two years old at the time, the residence is conditional and Form I-751 removes the conditions. Filed jointly with the spouse, it must be submitted within the 90 days before the conditional status expires. Filed individually, which USCIS permits in circumstances including hardship and abuse, it may be filed at any time before the status expires.

Missing that window is a common and serious problem, which is why the expiry date belongs on a calendar the day the conditional card arrives.

What this office does with a family case

Assess which route is actually available before anything is filed, prepare the petition and the supporting evidence, enter an appearance on Form G-28, and respond to whatever USCIS asks for afterward. Fees, timelines, and eligibility change; this page carries the date it was last reviewed for that reason.