Is your family facing any of these?
You entered on a tourist or student visa and married a U.S. citizen
You want to apply for a green card without leaving, but you have heard about the 90-day rule and worry it will look like you hid your intent at entry. What matters is how you entered, what you did after, and the marriage timeline.
You have a green card and want to petition for your spouse
The spouse of a green card holder is in F2A and depends on the Visa Bulletin. If your spouse is in the U.S. without lawful status, adjusting here is usually not possible, so the route needs to be assessed first.
You want to bring your parents
A U.S. citizen age 21 or older can petition for parents with no waiting line. Parents already here on tourist visas may be able to apply without leaving.
A sibling or adult child is waiting in line
F1, F3 and F4 waits often run for years. Marriage, divorce, a child turning 21 or a move during the wait can all affect the case.
You got a green card less than two years into the marriage
It is a two-year conditional green card, and the I-751 is due in the 90 days before it expires. If you have divorced, separated or missed the window, there are still options, but act early.
A prior denial or status problem
A denied I-130 or I-485, an overstay, unauthorized work, entry without inspection, a visa refusal, or an immigration court case: the risks need to be worked out before filing.
What we handle
Every case starts with how the relative entered and their full status history.
Category and route
Based on whether the petitioner is a citizen or green card holder, the relationship, and where the relative is, we determine immediate relative or preference category and choose adjustment or consular processing.
I-130 petitions
Bona fide marriage evidence for spouses; notarial birth certificates, household registration and name-change records for parents and children; proof of shared parents for siblings; translations of Chinese documents.
Green cards in the U.S. for spouses and parents
For immediate relatives, the I-130 and I-485 can be filed together, along with a work permit (I-765) and advance parole (I-131); the I-693 medical exam is filed with the I-485.
Marriage after entering on a tourist or student visa
We compare what was said in the visa application and at entry with activities after arrival and the relationship timeline, assess what may come up in the discretionary review, and prepare explanations and evidence.
Consular processing
After I-130 approval we handle NVC fees, the DS-260 and civil documents, and prepare for the immigrant visa interview in Guangzhou or another post. Couples not yet married can use a K-1 fiancé(e) visa, which requires marrying the petitioner within 90 days of entry.
I-864 affidavit of support
We check whether the sponsor's income meets 125% of the poverty guidelines, use assets or a joint sponsor when it does not, and organize tax returns and income proof.
Interview preparation and attendance
Before the interview we go through the file and likely questions with the couple or parents, and attend the USCIS interview with you.
I-751 and difficult cases
Removal of conditions, waivers of joint filing after divorce, and new plans for cases with prior denials, overstays or entry without inspection.
Rules every family case runs on
Based on the Immigration and Nationality Act (INA), federal regulations and the current USCIS Policy Manual. Wait times, government fees and some policies change often, so we recheck before filing.
- Immediate relatives do not wait in line：Spouses of U.S. citizens, unmarried children under 21, and parents of citizens age 21 or older are immediate relatives (INA 201(b)(2)(A)(i)) and are not subject to annual limits.
- Other relatives wait for a visa number：F1: unmarried sons and daughters (21+) of citizens; F2A: spouses and unmarried children under 21 of green card holders; F2B: unmarried sons and daughters (21+) of green card holders; F3: married sons and daughters of citizens; F4: brothers and sisters of citizens age 21 or older. Green card holders cannot petition for parents or siblings. Wait times follow the State Department's monthly Visa Bulletin, and USCIS announces each month which chart applies to filings in the U.S.
- Who can adjust inside the U.S.：INA 245(a) generally requires inspection and admission or parole. Immediate relatives are exempt from several bars in INA 245(c), including overstays, unauthorized work and status violations, so most citizens' spouses and parents who entered on a visa or the Visa Waiver Program and then overstayed can still adjust here. Entry without inspection generally does not qualify. Non-immediate relatives such as F2A spouses usually cannot adjust if they are out of status when they file.
- Adjustment is discretionary：On May 21, 2026, USCIS issued memo PM-602-0199 reminding officers that adjustment is discretionary administrative grace, and that staying after a nonimmigrant admission and applying for a green card instead can be weighed as a negative factor. Immediate relatives' statutory eligibility has not changed, but evidence and explanations need more care.
- The 90-day rule is a State Department rule：Under the Foreign Affairs Manual (9 FAM 302.9-4), if someone acts inconsistently with their status within 90 days of entry, such as marrying a U.S. citizen or green card holder on a B visa and taking up residence, a consular officer may presume misrepresentation, which the applicant can rebut. The USCIS Policy Manual says this rule does not apply to USCIS, but USCIS may still consider inconsistent conduct shortly after entry.
- Under two years married: conditional residence：Under INA 216, if the marriage is less than two years old when residence is granted, the green card is conditional for two years. The couple must jointly file Form I-751 during the 90 days before it expires; if no petition is filed, conditional resident status is terminated. Divorce, abuse and certain other situations allow a waiver of the joint filing.
- Affidavit of support and public charge：Family cases generally require an I-864 affidavit of support, with sponsor income usually at least 125% of the federal poverty guidelines; assets or a joint sponsor can make up a shortfall, and the obligation is legally enforceable. A new public charge rule took effect on September 18, 2026, and non-cash benefits received after that date may be considered.
How the case runs
Initial call
Tell us the petitioner's and relative's status, the relationship, whether the relative is in the U.S. or abroad, how they entered, and any denials or status problems.
Review records, choose the route
We review the visa, I-94, travel and prior filing records, confirm the category and wait time, choose adjustment or consular processing, and explain the risks of each.
Build the evidence and forms
We give you a document list, organize relationship proof, marriage evidence, the affidavit of support and translations of Chinese documents, and prepare all forms.
File and follow up
After filing we track receipts, biometrics and any RFEs; for consular cases, NVC document review and interview scheduling.
Interview and after
We prepare you for the interview and attend with you. For conditional residents, we remind you ahead of time and file the I-751.
Related success stories
A few family cases we have handled: a marriage green card filed soon after the wedding and approved on the first try in 5.5 months; an F-1 student's marriage green card, approved on interview day after more than two years of waiting; a mother who entered on a tourist visa and was approved in 229 days with no RFE; a U.S. citizen's petition for parents, approved in 5 months despite years out of status; and an F4 sibling case with an 18-year backlog that was restarted after the file had been terminated. Every case turns on its own facts, and past results do not guarantee future outcomes.
Quick Filing After Marriage
5.5 months · Marriage green card approved on first try
Mother Entered on a Tourist Visa, Green Card Approved in Under a Year
229 days · Approved the first time with no RFE
F-1 to Marriage Green Card
Two-plus years of waiting · Both approved on interview day
U.S. Citizen Petitioning for Parents
5 months · Years out of status forgiven automatically
F4 Sibling Immigration
18-year backlog · Restarted even after the file was terminated
Fees
Free initial phone call
Tell us your status and your relative's, where they are now and how they entered, and we will tell you whether a consultation is needed.
Paid attorney consultation
When you need an attorney to review entry and status records and lay out a plan, we schedule a paid consultation and tell you the fee in advance.
Quote after assessment
Attorney fees for the I-130, green card application, consular processing or I-751 are quoted after assessment and itemized in the engagement agreement.
- Government fees charged by USCIS and the State Department (for example, I-130 and I-485 filing fees and NVC fees) are not included in attorney fees and are paid separately at the rates in effect.
- During the engagement, we respond to questions about your case within 1 business day.
- We do not guarantee any USCIS or consular outcome.
Frequently asked questions
The following is general legal information and is not legal advice for any specific matter. For your situation, contact Lingtu Law APC at 415-547-9999 or on WeChat at lingtulaw.
