Looking to move to United States with the Family Based visa?

F2B (Second Preference, sub-B): unmarried sons and daughters over 21 of Lawful Permanent Residents. Annual quota: 26,266 visas (23% of F2). The F2B line has historically operated between 6 and 10 years for Brazil. Important detail: to remain eligible, the beneficiary must stay UNMARRIED until the green card — getting married during the wait immediately disqualifies F2B (and the case collapses, because an LPR cannot sponsor a married child, and shifting to F3 requires the petitioner to be a citizen).

F3 (Third Preference): married sons and daughters of U.S. Citizens (any age). Annual quota: 23,400 visas. F3 has a long line, historically 11 to 14 years for Brazil. The category is “broad” — it includes the married child, the child’s spouse, and unmarried grandchildren under 21 (all as derivative beneficiaries with the same priority date). A single I-130 can bring 4 or 5 people.

Aging-out in F2B: unlike IR-2, F2B is already in the adult range — there is no aging-out here. But upon naturalization, the petitioner converts F2B into F1, which may have a different line. In some periods, F1 has been faster than F2B; in others, the opposite. CSPA allows an “opt-out” — the beneficiary can request to REMAIN in F2B when the petitioner naturalizes, if F2B has a more favorable priority date than F1 at that moment.

F3 and the flexibility around marriage: unlike the others, F3 is the only category that ACCEPTS married children — all the others require remaining unmarried. So in long-range family planning, getting married while an LPR parent is the petitioner (F2B) is catastrophic, but getting married while the parent is a citizen (F1 → F3) “merely” shifts the category, without destroying the case. The petitioner’s status carries enormous weight.

The Form I-130 (Petition for Alien Relative) is the family petition governed by INA § 204 and 8 CFR § 204.2. It is filed by the U.S. relative (citizen or LPR) on behalf of the foreign beneficiary. Filing establishes the priority date — the position in the family-based line — and starts adjudication at USCIS.

Filing fee (2026): US$ 675 paper / US$ 625 online. The biometrics fee is not applicable to a standalone I-130; biometrics is for AOS. Payment via credit card (online), money order, or check (paper). USCIS rejects filings with the wrong fee — check the current fee schedule at uscis.gov before submitting.

Essential evidence: (1) proof of the petitioner’s status (U.S. passport, certificate of naturalization, or green card); (2) proof of the family tie — birth certificate (children, siblings), marriage certificate (spouse), adoption decree, divorce decree from any prior relationships if applicable; (3) certified translations of any document not in English; (4) passport-style photo of the beneficiary; (5) Form G-325A if applicable (some variants require it). For spouse cases, additional evidence proves bona fide marriage: wedding photos, joint accounts, joint lease, joint tax returns, family declarations.

Priority date: the date on which USCIS receives the I-130 (not when it approves). Captured immediately — even if the petition is later denied and refiled, the original priority date is preserved in some cases (under INA § 204(j)). For nationalities with retrogression, capturing the priority date 1 month earlier can mean 1 less year in line.

Adjudication time: USCIS currently takes 12-24 months to approve an I-130 (varies by service center). Spouse of a U.S. Citizen (IR-1/CR-1) gets administrative priority and is generally faster. For Family Preference, fast approval does not accelerate the line — but it avoids problems with petitioner status renewal and expiring documentation.

The Visa Bulletin, published monthly by the Department of State at travel.state.gov, defines, month by month, which priority dates can move forward to the green card. It has two tables for family-based: Chart A — Final Action Dates and Chart B — Dates for Filing.

Chart A (Final Action Dates): the cut-off date that can receive an approved green card that month. If your priority date is ON OR BEFORE Chart A, your case can be approved. If after, wait.

Chart B (Dates for Filing): the date through which NVC or USCIS will accept documents for processing, but WITHOUT issuing the green card yet. It allows “queue stocking” — the beneficiary submits I-485 or DS-260 while awaiting Chart A. For AOS (adjustment within the U.S.), USCIS chooses MONTHLY which chart to use (announced at uscis.gov). For consular processing, DOS always uses Chart A for final issuance, but uses Chart B to accept documents at NVC.

Reading example: “F1 World — 01OCT15” means: for F1, “World” beneficiaries (not Mexico/Philippines/India/China) with priority date through October 1, 2015 may receive a green card this month. If your I-130 was filed on 15OCT15, wait — the next month’s update may release.

Typical movements: priority dates advance, hold, or roll back (retrogression). Advances of 1-2 months per month are typical when a category is healthy. Retrogression occurs when demand exceeds supply — the October bulletin may show 01OCT15 and the November bulletin may show 15SEP14 (rolled back 1 year). Categories may go “Unavailable” (U) in critical months — no one receives a visa that month for that category.

“Current” (C): a category is “current” when there is NO cut-off — any priority date is eligible. F2A often alternates between current and a months-long cut-off. IR is always current (no quota).

Error 1: marrying during F2B. The case collapses instantly — an LPR cannot sponsor a married child, and even if the petitioner naturalizes later, the case shifts to F3 (a longer line). Adult Brazilian children with a pending F2B priority date should wait until the green card is delivered before marrying — years of waiting are lost in a single ceremony.

Error 2: leaving an I-130 abandoned after the priority date becomes current. NVC sends a notice (“welcome letter”) when the priority date becomes current. The beneficiary has 1 year to respond — paying fees, submitting DS-260 and Affidavit of Support. Without a response, NVC closes the case and revokes the I-130. Decades of waiting can be lost to inaction. Update the address and email at NVC whenever they change.

Error 3: omitting criminal convictions or inadmissibilities. Family-based requires a clean criminal record (or waivers). Minor convictions (DUI, drug possession, tax fraud) can disqualify — some have waivers (I-601, I-601A for unlawful presence), others do not. Consulting an immigration attorney BEFORE submitting forms is mandatory if there is any record.

Error 4: poorly documented I-864. A sponsor with insufficient income, no planned joint sponsor, no assets calculated — the case stalls at the consulate for months until the I-864 is resubmitted. A willing and qualified joint sponsor must be identified BEFORE the interview.

Error 5: assuming the green card “guarantees” citizenship. A green card holder must maintain physical presence (not staying outside the U.S. for more than 6 months without a reentry permit) and good moral character. Abandonment of residence (residence outside the U.S. for 1+ year without a reentry permit) cancels the green card. For naturalization: 5 years of continuous LPR (3 if married to a citizen), basic English, civics test, and absence of serious convictions.

Error 6: marriage fraud. Marrying an American solely for a green card (sham marriage) is criminal fraud — INA § 275(c) provides for 5 years in prison and a US$ 250k fine. Investigations are frequent (separate Stokes interview, residence visits). Genuine marriages with sparse documentation can be mistaken for fraudulent — hence the emphasis on extensive bona fide marriage evidence.