Using Your Legal Plan

How to Bring Your Family to the United States

Immigrate to the United States

5-minute read

Have you immigrated to the United States and are interested in bringing other family members to the country to join you? The steps for moving your family to the U.S. – and the immigration requirements you’ll need to meet – depend on which family members you want to bring and your own immigration status.

Below, we’ve outlined common family immigration scenarios and the key considerations for each. Because immigration laws and procedures can change, it’s important to review current requirements before moving forward. 

I want to bring my spouse to the United States.

First, you need to know how the U.S. government defines a spouse. To qualify as a spouse, you must be legally married. Common-law marriages may be recognized if they are valid under the laws of the country where the marriage took place. Note that same-sex spouses qualify.

Steps to bring your spouse to the U.S. 

  1. File a Form I-130, Petition for Alien Relative. Where and how you file depends on your location and whether you file online or by mail, so you should check the U.S. Citizenship and Immigration Services (USCIS) website for details.
  2. If the petition is approved, it’s passed to the National Visa Center (NVC), who will contact you with the case number and ask you to choose an agent to receive all communication about this case. The agent can be you, an attorney or someone else familiar with the case.
  3. You’ll have to pay fees for filing the petition and processing the application, along with other potential miscellaneous costs.
  4. You’ll need to submit the required documents, including:
  • The visa application.
  • An affidavit of support for your spouse.
  • Original copies of your marriage certificate, your spouse’s birth certificate, passport and any other necessary civil documents. This includes documents proving that you are either a U.S. citizen or permanent resident (green card holder). 
  1. Your spouse will need to have a medical exam with an authorized doctor and submit the completed paperwork to NVC.
  2. Once you’ve submitted all documents, the NVC will review them and schedule an interview for your spouse with the appropriate embassy or consulate.
  3. Your spouse needs to attend the interview, bringing any documents they haven’t already provided.
  4. You and your spouse will be notified whether the visa has been approved or denied. If the visa is approved, your spouse will receive a passport with their immigrant visa along with a sealed packet containing all application documents. Your spouse will provide this packet to immigration when he or she enters the United States – he or she should NOT open it beforehand.

Note that if your spouse is already living in the United States, you will need to complete additional paperwork, including form I-485, Application to Register Permanent Residence or to Adjust Status.

Where should my spouse live while the visa application is pending?

Rules differ depending on whether you are a U.S. citizen or a lawful permanent resident. 

  • If you are a U.S. citizen: In limited situations, a spouse may apply for a K-3 nonimmigrant visa while the immigrant petition is pending. However, K-3 visas are now rarely issued, and most petitions are closed automatically once the immigrant petition is approved. Many families pursue the immigrant visa process directly. 
  • If you are a permanent resident: Your spouse must generally remain outside the United States until the immigrant visa is approved, unless another valid immigration status applies. 

Note: immediate relatives of U.S. citizens, including spouses, unmarried children under 21 and parents, are not subject to annual visa limits, which may reduce wait times. 

I want to bring my children to the United States.

The United States government defines your “child” as any of the following:

  • Your biological son or daughter, born in or out of wedlock. (If you are the child’s father and the child was born out of wedlock, you’ll need to provide proof of the relationship based on laws of the child’s place of residence.)
  • Your step-child, as long as the relationship was created through marriage before the child turned 18.
  • Your adopted child, as long as you adopted him or her before the age of 16 and have had legal and custody rules are met.

If your child fits one of the definitions above and is younger than 21 or unmarried, follow the same steps that you would for bringing a spouse to the United States. 

If you are a permanent resident rather than a U.S. citizen, visa availability and waiting periods may apply, depending on your child’s age and marital status. 

I want to bring my parents to the United States.

Permanent residents are not able to petition to bring their parents to live permanently in the United States. If you want to bring your parents to the United States, you’ll need to wait until you meet the requirements of becoming a U.S. citizen, including being a permanent resident for at least five years. If you meet the requirements, submit an application and complete the naturalization process, then you can petition for an immigrant visa for your parents once you are an American citizen.

I want to bring my pets to the United States.

Rules for bringing pets into the United States vary and are subject to federal and state regulations. 

Bringing dogs to the U.S. 

As of August 1, 2024, the Centers for Disease Control and Prevention (CDC) implemented updated dog importation rules. Depending on where your dog has traveled and whether it was vaccinated in the U.S. or abroad, requirements may include: 

  • Being at least six months old
  • Having a microchip
  • Appearing healthy upon arrival
  • Completing a CDC Dog Import Form
  • Providing rabies vaccination documentation or additional testing in some cases. 

Because requirements can vary significantly, it’s important to review current CDC guidance before traveling. 

Bringing cats to the U.S. 

Cats must be healthy to enter the United States. Rabies vaccination documentation is generally not required at the federal level, though individual states or airlines may have their own requirements. 

Once your family has joined you in the United States, there are other issues you’ll want to consider, like education requirements for your kids and health insurance requirements for the entire family. Download our free guidebook on moving your family to the U.S. to learn more.