A Simple Guide to Family-Based Green Card Forms

Applying for a family-based green card can feel like putting together a giant puzzle. Between confusing form numbers and multiple government agencies, it’s easy to feel overwhelmed at the start.

This guide breaks the process down into plain English, step by step, so you can understand what’s required and move forward with confidence.

This content is for informational purposes only and does not constitute legal advice. For advice about your specific situation be sure to consult a licensed immigration attorney.

Which Green Card Forms Matter Most?

Most family-based green card cases rely on just three key forms. You can think of them as answering three basic questions: Who is sponsoring? Where is the applicant? And how will the green card be issued?

• Form I-130 – Proves the family relationship
• Form I-485 – Used when the applicant is inside the United States
• Form DS-260 – Used when the applicant is outside the United States
  

Once you know which of these forms apply to your situation, the rest of the process becomes much easier to understand.

Sponsor Status Matters: U.S. Citizen vs. Green Card Holder

Your sponsor’s immigration status directly affects how your case moves through the government’s review process and which forms you can file.

If the Sponsor Is a U.S. Citizen

• Spouses, parents, and unmarried children under 21 are considered Immediate Relatives
• No visa waitlist applies
  Eligible applicants may often file Form I-130 and Form I-485 at the same time (if inside the U.S.). This is often referred to as a “concurrent filing”
• Typically the fastest family-based green card path

If the Sponsor Is a Green Card Holder (LPR)

• Spouses and unmarried children fall into Family Preference categories
• Visa limits apply, which can cause waiting periods
• Applicants usually must wait for a visa to become available before filing Form I-485 or DS-260
  Processing times are often longer than for U.S. citizen sponsorships

Why this matters:
Filing too early—or choosing the wrong form based on sponsor status—can result in delays, rejected filings, or lost fees

1. Form I-130: The "Application Starter"

Every single family Green Card case starts here. Before the government gives anyone a Green Card, they want to make sure the family connection is real.

• Official Name: Form I-130, Petition for Alien Relative.
• The Goal: To prove that the sponsor (a U.S. citizen or Green Card holder) is actually related to the person who wants to move to the U.S.
• Who signs it: The Sponsor
• Proof needed: You’ll need evidence that the claimed relationship is legitimate. This includes but is not limited to: marriage certificates, birth certificates, adoption certificates, death certificates, and other relationship evidence.

Important: This form is just an "initiator." It does not let the relative work or live in the U.S. yet. It just puts them in the "waiting room" for the next step.

2. Choosing Your Path: The Fork in the Road

This is the most important part to remember: You will only ever file either the I-485 or the DS-260. You never file both, because they are for two different locations.

Path A: Form I-485 (The "Inside the U.S." Path)

If the person wanting the Green Card is already physically INSIDE the United States on a temporary visa (like a visitor or student visa), and they meet the necessary eligibility requirements, they would use Form I-485.

• Official Name: Adjustment of Status.
• The Goal: To "adjust" from a temporary visitor to a permanent resident without ever leaving the country.
• Perks: While this form is being processed, the applicant can often get a "Work Permit" (to get a job) and "Travel Parole" (to visit home and come back).

Path B: Form DS-260 (The "Outside the U.S." Path)

If the person wanting the Green Card is living OUTSIDE the United States at the time of filing, they skip the I-485 and use the DS-260 instead.

• Official Name: Immigrant Visa Electronic Application.
• The Goal: To get an "Immigrant Visa" stamped into their passport at a U.S. Embassy or Consulate.
• The Process: After the I-130 is approved, the case is sent to the "National Visa Center." The applicant fills out the DS-260 online and goes to an interview in their home country.
• The Result: Once they fly to the U.S. with that visa, they become a permanent resident the moment they get that visa stamped and enter into the United States. The green card will then be mailed to them within 45-90 days.

3. Why the Sponsor's Status Matters

The speed of your application depends on whether the sponsor is a U.S. Citizen or a Green Card Holder (LPR).

• U.S. Citizen Sponsors: If you are a spouse, parent, or minor child of a citizen, you are an "Immediate Relative." There is no waiting list. You can often file your forms right away.
• Green Card Holder Sponsors: If the sponsor is not yet a citizen, the applicant is put in a "Preference Category" when they file Form I-130. Because there are limits on how many people can join each year, there is usually a waiting list that can last several months or even years before they can complete the remaining steps to get a green card.

Summary: Which Form Do You Need?

Note: Both paths still require the Form I-130 to be filed first (or at the same time, if eligible).

Common Mistakes to Avoid

• Wrong Location: Filing an I-485 while the person is still in their home country. This often results in a rejection.
• Missing Evidence: Forgetting to include proof of the relationship, like bank statements or photos, with Form I-130.
• Ignoring Wait Times: Assuming you can file for a Green Card immediately when your sponsor is not yet a U.S. citizen.

Ready to take the next step?

Understanding which forms apply to your situation is often the hardest part of the family-based green card process. Once you know your path, the next step is gathering your documents and completing the forms correctly.

That’s where SimpleCitizen can help. Our platform guides you through the Form I-130 and/or Form I-485 filing processes step by step and makes it easy to upload and organize your documents—all in one place. Not to mention the peace of mind that comes from having everything reviewed by one of our independent partner immigration attorneys. 

We’re happy you’re here! Whether you’re just getting started or ready to file, SimpleCitizen is here to help you move forward with confidence.

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Please note that form DS-260 and consular processing are completed directly by the applicant through the NVC and are not currently supported by SimpleCitizen’s platform.

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