Obtain Green Card for Spouse and Child through F2A Visa

1. The process of obtaining an F2A visa begins with the Petitioner LPR filing an I-130 Petition (and supplemental I-130A form in spousal cases) with the USCIS on behalf of the beneficiary spouse or children. With this petition, the Petitioner is officially asking the government to recognize the bona fide relationship between them and the Beneficiary, which will be the basis for the grant of an F2A visa. The Petitioner will attach evidence to the petition which establishes the qualifying relationship between him or her and the beneficiaries.
2. The Beneficiary must now wait for an F2A visa to come available. As stated above, there is a limit to how many F2A visas are granted in a year so the Beneficiary cannot proceed with the immigration process until they are sure that there is an available visa for them.

• You can check F2A visa availability online at the US Department of State Visa Bulletin The Visa Bulletin is updated every month so you must keep checking to see how availability is progressing.
• On the Visa bulletin, the F2A category is broken up into boxes by country of origin. In each box, it will either show a priority date (i.e. 22NOV08) or the letter C, which stands for current. If the box with your country of origin is current, you can continue with the immigration process. If it shows a priority date, you must wait until the priority date you were assigned by USCIS is earlier than the date that is showing in the box.

3. After the I-130 petition is approved and an F2A visa is available, the Beneficiary will apply for the F2A visa, and a green card, themself. How they apply depends on whether the Beneficiary is living in the United States or is living abroad.

• If the Beneficiary is legally living in the United States, they will file a Form I-485 in order to Adjust Status (obtain a green card) without having to leave the country. There are several additional requirements and qualifications for being able to Adjust Status in the United States, one of which is having maintained lawful status. As described above, F2A visa number has always been available since the year of 2019, thus Beneficiary in legal status can always submit their Form I-485 and I-130 at the same time. As long as Beneficiary submits their Form I-485, Beneficiary is lawfully authorized to continue to stay in the U.S. to wait for their green card, no matter whether they can keep their legal status or not after submission. Nevertheless, Beneficiary cannot work in the U.S. without a work permit.
• The Beneficiary can file Form I-765 together with Form I-485 to apply for a work permit. The Beneficiary can also file Form I-131 together with Form I-485 to apply for an Advance Parole which is required for any future international travel before Beneficiary obtains a green card.
• If the Beneficiary is abroad, they will file Form DS-260 in order to Consular Processing, i.e. obtain a green card through a U.S. Consulate in a foreign country where the Beneficiary has permanent residence.

Both processes will require a signed Form I-864, Affidavit of Support. This document must be signed by the Petitioner and/or other U.S. citizens or LPRs who agree to support the Beneficiary so he or she does not become a public charge and can show that they have assets and income valued at 125% above the Federal Poverty Guidelines.

4. For the Beneficiary under Adjust Status Processing, the Beneficiary will also be required to attend a biometrics appointment in which the US government will take their fingerprints, photograph, and signature, and use this information to confirm their identity and to perform a detailed criminal background check.
5. The Beneficiary will also be required to undertake an immigration medical exam to make sure they are in good health and do not pose a public health risk to the United States. For the Beneficiary under Adjust Status Processing, the Beneficiary will need to submit I-693 medical exam report. It can be submitted with Form I-485 or at the future green card interview. For the Beneficiary under Consular Processing, the Beneficiary will need to have the medical exam after receiving a visa interview letter and bring the medical exam report to the interview.
6. The Beneficiary will then attend a green card interview. This will either be at a USCIS office, if the Beneficiary is in the US, or at a consulate or embassy, if the Beneficiary is abroad. At the interview, the US government official will ask questions about the Beneficiary’s background and their relationship with the Petitioner, mainly to establish the validity of the marriage and/or parent/child relationship. The official will also be assessing if there is anything in the Beneficiary’s history that would make them inadmissible to the United States.
7. If the interview goes well, the Beneficiary under Adjust Status Processing will receive their green card in the mail, while the Beneficiary under Consular Processing will receive an immigrant visa stamp in their passport. With this visa stamp, they can enter the U.S. as a lawful permanent resident and a physical green card will be mailed to them within 120 days after entry.

The type of green card the Beneficiary receives depends on how long the Petitioner and Beneficiary have been married on the day their Form I-485 gets approved or they enter the U.S. with an immigrant visa.

• If they have been married less than 2 years, the Beneficiary will receive a conditional green card that is valid for two years. Toward the end of 2 years, the couple must apply to “remove the conditions” and receive a permanent green card.
• If they have been married for more than 2 years, the Beneficiary will receive an unconditional permanent green card.