Family Visa Attorney

U.S. immigration law divides family-based visas into two main groups. The law allows certain family members of U.S. citizens and lawful permanent residents to apply for green cards in the family preference categories when they do not qualify as “immediate relatives.” These preference groups include unmarried adult sons and daughters (21 or older) of U.S. citizens, spouses and unmarried children under 21 of green card holders, unmarried adult sons and daughters of green card holders, married sons and daughters of U.S. citizens, and brothers and sisters of U.S. citizens who are at least 21 years old. Unlike immediate relatives, these categories are subject to annual numerical limits, which often create multi‑year visa queues tracked in the Department of State’s monthly Visa Bulletin.

If you are navigating these categories for a family-based immigration case in Salt Lake City or anywhere in Utah, Buhler Thomas Law can explain how these timelines apply to your specific situation.

A non-immigrant family visa is for a temporary stay, while an immigrant family visa is for permanent residence (a green card). non-immigrant family visas, like the K‑1 fiancé(e) and K‑3 spouse visas, let a foreign national come to the United States for a limited purpose or while a green card case is still in process. An immigrant family visa, by contrast, is issued after an immigrant petition is approved and, when the person enters the U.S. on that visa, they are admitted as a lawful permanent resident. Which option is appropriate depends on the family relationship, whether the relative is inside or outside the U.S., and whether the goal is a temporary visit or permanent residence.Buhler Thomas Law can advise you on which pathway best fits your situation when you contact our immigration attorneys in Utah.

Yes, but with important limitations. As a lawful permanent resident, you can file I‑130 petitions only for your spouse and unmarried children (both under 21 and over 21), which fall into the F2A and F2B family preference categories and are subject to annual visa caps and wait times. You cannot sponsor parents, siblings, or married children until you become a U.S. citizen through naturalization, at which point additional categories become available. Buhler Thomas Law can help you understand who you can sponsor now as a green card holder and how naturalization could expand your future sponsorship options.

Family visa waits are long in some categories because there are annual caps and country limits on how many family‑preference green cards can be issued. When more people apply than there are visas available, especially from high‑demand countries, backlogs form and families must wait until their “priority date” becomes current in the monthly Visa Bulletin. Immediate relatives of U.S. citizens are not subject to these numerical limits, which is why their cases usually move faster than the capped family‑preference categories.Buhler Thomas Law monitors these movements and helps clients plan their family visa cases in Salt Lake City and Utah accordingly.

The I‑130 is the foundational petition in most family‑based immigration cases. A U.S. citizen or lawful permanent resident files it with USCIS to prove a qualifying family relationship with the relative they want to sponsor. Approval of the I‑130 does not grant status by itself; it is only the first step.

Once the I‑130 is approved, there are two main paths to pursue the green card, depending on where the beneficiary is located and their eligibility:

• Adjustment of Status inside the United States (filing Form I‑485 if the person is in the U.S. and eligible to adjust), or
• Consular processing abroad through the National Visa Center and a U.S. embassy or consulate. 

Buhler Thomas Law prepares and files I-130 petitions for clients seeking family-based visas in Utah and ensures the petition is complete and properly documented from the start.

A K‑1 fiancé(e)visa lets the foreign‑national fiancé(e)of a U.S. citizen come to the United States specifically to get married; only U.S. citizens, not green card holders, can file this type of petition. The U.S. citizen files Form I‑129F with USCIS, and after approval the case goes to a U.S. consulate abroad for the fiancé(e)interview and K‑1 visa issuance. The fiancé must enter the U.S. on the K‑1, marry the U.S. citizen within 90 days, and then apply for Adjustment of Status to obtain a green card; there is no extension of the 90‑day period, and if the marriage does not occur in time, the K‑1 holder is expected to leave the United States.Buhler Thomas Law assists couples with the fiancé(e) visa process from initial filing through the post-marriage Adjustment of Status.

The K‑1 fiancé(e) visa is for couples who are not yet married — the foreign fiancé(e)enters the U.S. to marry a U.S. citizen within 90 days, then applies for a marriage‑based green card through Adjustment of Status. K‑1 entrants do not receive automatic permission to work; they can only work after applying for and receiving an Employment Authorization Document (EAD), usually by filing Form I‑765 with their green card application after the wedding.

A spouse visa, either a CR‑1 (conditional) or IR‑1 (immediate relative) is filed after the marriage has already taken place, and the foreign spouse enters the U.S. as a lawful permanent resident. This route usually takes longer up front but is often more economical overall and allows the spouse to live and work in the United States based on their green card as soon as they arrive. Buhler Thomas Law can help you compare both options and choose the best fit for your timeline, work‑authorization needs, and overall goals.

Yes, in almost every case. You and your fiancé(e) must meet in person at least once during the two years before you file Form I-129F. This requirement helps USCIS confirm your relationship is real. There are very limited exceptions if meeting would violate your culture or religion, or cause you extreme hardship, but these waivers are difficult to get and require strong evidence. Buhler Thomas Law can help you document your relationship and determine if a waiver might apply in rare cases.

The National Visa Center handles your case between USCIS approval and your consular interview. After USCIS approves your I-130 petition, the NVC assigns a case number, collects your documents and financial evidence (Form I-864), reviews everything for completeness, and schedules your interview at a U.S. embassy or consulate. The NVC does not decide whether to approve your visa. They just prepare your case for the consulate. Most families use the online CEAC portal to upload documents and pay fees. Buhler Thomas Law guides you through NVC processing to avoid 

USCIS and U.S. consulates look for proof that your marriage is real, not just for immigration purposes. Helpful evidence includes joint bank accounts, a joint lease or mortgage, shared bills or insurance listing each other as beneficiaries, and birth certificates of any children together. You can also submit photos over time (including the wedding), travel records together, messages or call logs showing ongoing communication, and affidavits from friends or family who know your relationship. The more varied and consistent your documents are, the stronger your case for a bona fide marriage.Buhler Thomas Law advises clients on assembling a thorough and well-organized evidence package for their marriage visa application in Utah.

For CR‑1 and IR‑1 spouse visas, a consular interview is an in‑person appointment at a U.S. embassy or consulate where an officer reviews your case, confirms your marriage is genuine, and decides whether to issue the immigrant visa.

A denial at the consular interview does not always mean the family visa case is permanently over. The consular officer must state the legal basis for the refusal on the notice you receive.

Some denials are temporary (for example, asking for missing documents or clarification), and the case can move forward once you respond properly. More serious denials based on ineligibility (such as certain immigration violations, misrepresentation, or criminal issues) may require a separate waiver application before a visa can be issued. Buhler Thomas Law can review the denial notice, explain what it means, and advise you on whether to submit more evidence, seek reconsideration, or pursue a waiver.Contact our immigration attorneys in Utah as soon as possible after receiving a denial.

In some situations, yes. If a family member is already in the United States in a valid status (for example, on a work or student visa) and otherwise eligible, they may be able to apply for a green card through Adjustment of Status with USCIS instead of attending a visa interview at a U.S. consulate abroad. Adjustment of Status lets them stay in the U.S. while the case is processed and receive the green card here, but eligibility depends on factors like how they entered (lawful admission or parole), whether a visa is available, and whether they have any status or inadmissibility issues.Buhler Thomas Law can determine which pathway is available and most advantageous for your family’s situation.

Yes, your spouse’s unmarried children under 21 can come as derivative beneficiaries. For CR-1 or IR-1 visas, the children get immigrant visas and green cards at the same time as your spouse. For K-1 visas, the children enter on K-2 visas and can apply for green cards after you marry. List all qualifying children on your original petition even if they won’t immigrate right away, because children who turn 21 or marry before getting a visa may lose their derivative status and wait years in other categories. Buhler Thomas Law ensures all eligible children are included and protected throughout the process.

It depends on which visa your spouse uses. K-1 fiancé(e) visa holders cannot work until after you marry and they apply for a work permit (Form I-765), which usually arrives within a few months. CR-1 or IR-1 immigrant visa holders can work immediately because they receive their green card when they enter the United States. Spouses already in the U.S. who are adjusting status can apply for a work permit with their green card application and typically receive it within 90 to 150 days. 

If USCIS approves your spouse’s Form I-485 at the interview, the officer gives you a written approval notice. The physical green card arrives by mail at your U.S. address within two to four weeks. If you have been married less than two years on the date USCIS approves the application, your spouse receives a conditional two-year green card and must file Form I-751 jointly with you during the 90-day period immediately before the card expires to get a permanent ten-year card. Once your spouse has the green card, they can work immediately without a separate work permit and can travel in and out of the United States. However, trips longer than six months (180 days) may raise questions about whether your spouse intends to maintain permanent residence in the U.S., and absences approaching one year can put their green card status at risk. For trips between six months and one year, it is best to apply for a reentry permit before departure. Buhler Thomas Law helps you maintain permanent resident status and plan for U.S. citizenship eligibility after three years of marriage to a U.S. citizen.