Family-Based Immigration to the U.S. in 2026: I-130, Marriage to a Citizen, K-1, Parents and Wait Times

Through an immigrant petition – you can't: only U.S. citizens and green card holders can file an I-130, and parole or TPS does not give this right.

• The U4U program is closed to new applications, and new sponsorships are paused.
• TPS has no “derivative” status for a spouse abroad.
• In theory a nonimmigrant visa (for example, B1/B2) is possible, but the consular officer looks at the intent to return, and for the spouse of someone living in the U.S. a 214(b) refusal is very likely.
• If you later get a green card, you can file for your husband or wife in the F2A category; the line there is almost current right now.

Before you file anything, discuss your situation with an immigration attorney.

Only a child who is a U.S. citizen and already 21 or older can sponsor parents for a green card. Parents of a citizen are immediate relatives, so there is no waiting line for them.

• If your parents are in Ukraine: the citizen files a separate I-130 for each parent, then NVC and an interview at the embassy. Based on available information, immigrant visas for Ukrainians are issued by the embassy in Kyiv.
• If your parents are already in the U.S. on U4U parole: you can file the I-130 and I-485 at the same time. The May 21, 2026 memo makes AOS discretionary, so review any overstay or past problems with an attorney.
• The sponsor files an I-864 and must meet the income threshold.
• The parent category has no derivatives: your brothers or sisters do not come along with your parents; they need a separate petition.

A tourist visa for parents is a different, temporary option (see the “B1/B2 Visa” topic).

Only a U.S. citizen who is 21 or older can file for a brother or sister, and the line in the F4 category is very long.

In the October 2026 Visa Bulletin, the Final Action Date for F4 (All Chargeability, which includes Ukraine) is October 22, 2011. This means visas are now being issued to people whose petitions were filed about 15 years ago. The brother’s or sister’s husband or wife and their unmarried children under 21 can come as derivatives.

A green card holder cannot file for brothers and sisters. It is worth filing the petition as early as possible to “take your place in line,” but it does not work as a path for a quick move.

File an I-130 in the F2A category: right now it is the fastest of the categories with a waiting line.

• October 2026 Visa Bulletin: F2A Final Action Date – September 22, 2026, Date for Filing – Current. In October USCIS accepts the Dates for Filing chart for family-based I-485s.
• If your family is already in the U.S.: you can file the I-130 and I-485 at the same time. Unlike relatives of citizens, F2A requires lawful status, meaning the parole must be valid on the filing date.
• If your family is abroad: the consular path through NVC.
• Unmarried children under 21 can come as derivatives on the petition for the husband or wife. Children 21 and older are in the F2B category, with a waiting line (August 22, 2019).

According to law firms, processing of the F2A I-130 itself can take years.

A child born in the U.S. to Ukrainians on parole or TPS is a U.S. citizen, but can file for the parents only at age 21.

In Trump v. Barbara (June 30, 2026), the Supreme Court confirmed birthright citizenship for children of people with temporary status. The birth of a citizen child by itself does not give the parents status and does not protect them from deportation. However, it can count as a positive factor (family ties in the U.S.) in discretionary decisions. Get your child a U.S. passport and an SSN.

Yes, anyone can get married in the U.S., regardless of immigration status: marriage is regulated by the state, not by USCIS.

• You need a marriage license from the county; document requirements depend on the state (usually a passport).
• Any previous marriage must be officially ended.
• Marriage by itself does not give status: to get a green card, the citizen husband or wife files an I-130.
• Marrying a person on parole or TPS will not give you a new status.

A marriage only for papers is fraud, which can bring a permanent ban on any petitions and criminal liability.

If you are in the U.S. and entered with parole or a visa, a package is filed all at once (concurrent filing):

1. I-130 and I-130A from the citizen: $675 by mail / $625 online.
2. I-485 from you: $1,440 / $1,390 online, edition 09/18/26 only.
3. I-864 – the sponsor’s financial guarantee, $0.
4. I-693 – medical exam with a civil surgeon.
5. Optionally I-765 ($260) and I-131 advance parole ($630 / $580).

Next come biometrics, the interview, and a decision. If the marriage is less than 2 years old at the time of approval, the green card is conditional for 2 years. Keep in mind the May 21, 2026 memo: if your parole has expired, talk to an attorney before filing. Americanization can help you put the package together on the technical side and prepare for the interview.

With documents that show a shared life: the more independent evidence, the better.

• A joint lease or mortgage, with both names on the contract.
• A joint bank account with real transactions.
• A joint tax return (married filing jointly), insurance where you are on each other’s policy.
• Utility bills, mail to the same address.
• Photos from different times with family and friends (not just the wedding).
• Messages, tickets for trips together, documents for children.
• Affidavits from people who know you – as an addition.

Since August 2025 USCIS has tightened review of family petitions: the relationship must be “genuine and verifiable.”

They ask about your life together: how you met, who does what at home, your daily routine, relatives, plans.

• According to law firms, in-person interviews in marriage-based I-485 cases have in practice become the norm again.
• There are reports of separate interviews (Stokes interview), where the spouses are asked the same questions separately and their answers are compared.
• Bring the originals of all documents and fresh evidence of your life together.
• Answer honestly; “I don’t know” is better than making something up.

If you have past arrests, overstays, or violations, go with an attorney: since November 2025 ICE has detained people at USCIS offices after interviews.

Most often because of doubts about whether the marriage is real, missing documents, or problems in the applicant’s past.

• Little evidence of a shared life, contradictions at the interview.
• The sponsor does not meet the I-864 threshold and there is no joint sponsor.
• Criminal cases, lies in earlier applications, earlier marriage fraud.
• Discretionary negatives after the May 21, 2026 memo: overstay, being unable to explain why you did not go through the consular path.
• Public charge for I-485s filed on or after September 18, 2026: means-tested benefits received from that date may be counted.
• An incomplete package: since August 5, 2026 USCIS can deny without an RFE.

After a denial you may be called to immigration court – go to an attorney right away.

File the I-751 together with your husband or wife within the 90 days before your conditional green card expires.

• Fee: $750 by mail / $700 online.
• The I-797 receipt extends your status and your right to work for 48 months.
• If you do not file, conditional status ends automatically and USCIS issues a Notice to Appear.
• If the marriage ended, the spouse died, or there was abuse, you can file on your own and ask for a waiver, at any time before your status ends.
• Include evidence that you lived together during these 2 years.

The interview may be waived based on a risk assessment, but in 2026 law firms report closer attention to these cases.

The K-1 is for the fiancée or fiancé of a U.S. citizen who is abroad; after entry you must marry within 90 days.

1. The citizen files the I-129F: $675.
2. After approval – NVC and an interview at the consulate.
3. Entry, then marriage in the U.S. within 90 days (the K-1 cannot be extended).
4. Filing the I-485 (+ I-864, I-693).

Requirements: you are both free to marry and have met in person at least once in the 2 years before filing. Unmarried children under 21 can come on a K-2. According to Boundless, the I-129F takes about 7.8 months (August 2026); the total time until entry is not officially published. The K-1 does not fit if the fiancée already lives legally in the U.S.: in that case get married and file the I-130 + I-485.

It depends on where you want to get married and what matters more – a fast entry or fewer steps.

• K-1: the wedding is in the U.S., but after entry you still have to file the I-485, pay $1,440 / $1,390 for it, and wait for documents inside the U.S.
• Marriage abroad + I-130 (CR-1/IR-1 visa): I-130 $675 / $625 online, then the consulate. The person enters already as a permanent resident and gets the green card by mail, with no I-485.
• A K-1 is not possible if you are already married or plan to marry outside the U.S.

Compare the current timelines for both options on the USCIS and State Department websites and, if needed, with an attorney.

For immediate relatives – usually from one year to several years, depending on the office; for categories with a waiting line, the wait under the Visa Bulletin is added on top.

• According to law firms, the USCIS median for I-130 immediate relatives in FY2026 is about 12.9 months.
• The official “posted processing time” (80% of cases) in October 2026 varies a lot by office.
• F2A: I-130 processing takes years, even though the Visa Bulletin line is almost current.
• F1, F3, F4 – years or decades of waiting for your date.

Check your timeline at egov.uscis.gov/processing-times by form and office. If your case is delayed beyond the normal time, you can ask for an expedite – see the “Case Expedite” topic.

Find your category and compare the date in the chart with your priority date (the I-130 filing date on your receipt): if your date is earlier, your turn has come.

October 2026 Visa Bulletin, family categories, All Chargeability (which includes Ukraine), Final Action Date / Date for Filing:

• F1 (unmarried children of citizens, 21+): January 22, 2020 / February 1, 2020
• F2A (spouses and children under 21 of green card holders): September 22, 2026 / Current
• F2B (unmarried children 21+ of green card holders): August 22, 2019 / September 1, 2019
• F3 (married children of citizens): October 22, 2014 / November 1, 2014
• F4 (brothers and sisters of citizens): October 22, 2011 / November 1, 2011

In October USCIS accepts the Dates for Filing chart for family-based I-485s. As of October 15, 2026, the November 2026 bulletin has not been released yet. Official source – travel.state.gov.

At least 125% of the federal poverty line for your household size (in effect since March 1, 2026, form I-864P).

• 2 people: $27,050
• 3 people: $34,150
• 4 people: $41,250
• Each additional person: + $7,100

This is for the 48 states; thresholds are higher for Alaska and Hawaii. For active-duty military members sponsoring a spouse or child – 100%. If income is not enough, you can count assets or bring in a joint sponsor, who files a separate I-864. The I-864 is the sponsor’s legal obligation to support the immigrant financially, not a formality. Household size includes the sponsored people.

Be careful: for I-485s filed on or after September 18, 2026, a new public charge rule applies that counts almost any means-tested benefits received on or after September 18, 2026.

• This includes Medicaid, SNAP, housing assistance, and education assistance; benefits of family members may also be counted.
• Benefits before September 18, 2026 count only if they were cash assistance or long-term institutional care.
• There is no separate exemption for parolees and TPS holders who get a family-based green card.
• SNAP is already closed to parolees and TPS holders under the law of July 4, 2025, and they lose ACA subsidies starting January 1, 2027.

22 states are challenging the rule, but as of October 15, 2026 it is in effect. Discuss decisions about emergency help for children or during pregnancy with an attorney – do not refuse medical care blindly.

Basic USCIS fees (by mail / online), which did not change as of October 16, 2026:

• I-130: $675 / $625
• I-485 (14+): $1,440 / $1,390; a child under 14 filing with a parent: $950 / $900
• I-765 with a paid I-485: $260
• I-131 advance parole: $630 / $580
• I-129F (K-1): $675
• I-751: $750 / $700
• I-864: $0

You pay separately for the I-693 medical exam with a civil surgeon, translations, and, on the consular path, State Department fees. Always check the amounts against USCIS G-1055: an application with the wrong amount will be rejected.

Through an account at my.uscis.gov: filing the I-130 online is cheaper ($625 instead of $675) and gives you a receipt right away.

1. The citizen or green card holder creates an account and fills out the I-130; for a husband or wife, also the I-130A.
2. A separate I-130 for each relative (except derivatives).
3. In Part 4 choose only one option: AOS in the U.S. or a consulate abroad. Choosing both or neither is a problem.
4. Upload evidence: the sponsor’s citizenship or green card, marriage or birth certificates, proof that previous marriages ended, translations.
5. Check that all required fields are filled in and that there is a signature: otherwise it will be rejected.

By mail: on October 7, 2026 USCIS changed the filing address for the I-130; the old addresses are accepted until November 9, 2026. The I-130 by itself does not give status.

There is a chance to save the case, but the process depends on who died and where you lived.

• If the citizen husband or wife died, a pending I-130 automatically converts to a widow(er) I-360; unmarried children under 21 at the time of death can come as derivatives.
• If you lived in the U.S. when the sponsor died and still live here, USCIS may approve or reinstate the petition under INA 204(l). You need a written request that cites exactly this provision, plus the death certificate.
• “Humanitarian reinstatement” under a separate rule is also possible.

Notify USCIS of the death and contact an attorney: these are discretionary decisions.