Family-Based Immigration Lawyer San Antonio, TX I-130 Petitions · Spousal Visas · Marriage Green Cards · K-1 Fiancé Visas

Family reunification remains the cornerstone of U.S. immigration policy—and one of its most complex legal processes. Whether you are a U.S. citizen petitioning for a spouse or parent, a green card holder sponsoring a child, or a couple navigating the K-1 fiancé visa, every step from the initial I-130 petition through the final green card interview carries high stakes and zero margin for filing errors.

The Echavarria Law Firm is a San Antonio family immigration practice led by principal attorney Elizabeth Echavarria, with over 15 years of hands-on experience filing family-based petitions, coordinating consular processing, managing adjustment of status cases, and securing unlawful presence waivers for families across Bexar County, South Texas, Del Rio, and Laredo. Every case is handled in English and Spanish.

Family-Based Immigrant Visa Categories (2026)

U.S. immigration law divides family-based immigrant visas into two groups: immediate relatives (no annual visa cap) and family preference categories (subject to annual numerical limits that create waiting periods). Understanding which category applies to your case determines your timeline, filing strategy, and which forms you need.

Immediate Relative Visas — No Annual Cap

Immediate relatives of U.S. citizens receive the fastest processing because Congress imposes no numerical limit on these visas. This category includes:

Visa Code	Relationship	Estimated Timeline
IR1	Spouse of a U.S. citizen (married 2+ years)	12–18 months
CR1	Spouse of a U.S. citizen (married <2 years — conditional residency)	12–18 months
IR2	Unmarried child under 21 of a U.S. citizen	12–18 months
IR5	Parent of a U.S. citizen (petitioner must be 21+)	12–18 months

If you are a U.S. citizen sponsoring a spouse, minor child, or parent, you should expect a total process time of roughly 12–18 months from I-130 filing through green card issuance—assuming no RFEs or complications. For spousal cases where the marriage is less than two years old at the time of green card approval, the beneficiary receives conditional permanent residence (a 2-year green card). You must then file Form I-751 jointly to remove conditions before the card expires.

Family Preference Visas — Annual Caps Apply

Family preference categories are subject to per-country and per-category numerical limits set by Congress. This creates visa bulletin backlogs that significantly extend wait times, sometimes by decades. The Department of State publishes the Visa Bulletin monthly, which determines when a visa number becomes available for your case.

Category	Relationship	Petitioner	Estimated Wait
F1	Unmarried sons/daughters (21+)	U.S. Citizen	7–10+ years
F2A	Spouses & unmarried children (<21)	Green Card Holder	2–3 years
F2B	Unmarried sons/daughters (21+)	Green Card Holder	6–9+ years
F3	Married sons/daughters (any age)	U.S. Citizen	12–15+ years
F4	Siblings	U.S. Citizen	15–22+ years

Wait times vary substantially by country of origin—beneficiaries from Mexico, Philippines, India, and China typically face the longest backlogs. An experienced family immigration attorney monitors the monthly visa bulletin, advises you on the optimal filing strategy, and notifies you when your priority date becomes current so you can promptly file for adjustment of status or begin consular processing.

The I-130 Petition: Foundation of Every Family Immigration Case

Form I-130, Petition for Alien Relative, is the starting point for virtually every family-based immigration case. This petition, filed with USCIS by the U.S. citizen or green card holder (the "petitioner"), legally establishes the qualifying family relationship with the beneficiary—your spouse, child, parent, or sibling.

What the I-130 Requires

A complete I-130 filing includes the completed form, the USCIS filing fee ($625–$675), proof of the petitioner's U.S. citizenship or LPR status (passport, naturalization certificate, or green card), documentary evidence of the qualifying family relationship (marriage certificate, birth certificates, adoption decrees), passport-style photographs, and—for spousal petitions—extensive evidence that the marriage is bona fide and was entered in good faith (joint financial accounts, lease or mortgage records, photographs, affidavits from friends and family, communication records).

Common I-130 Mistakes That Cause Delays and Denials

USCIS data consistently shows that improperly filed applications are a leading cause of processing delays. The most common I-130 errors we see from self-filers and less experienced attorneys include insufficient bona fide marriage evidence (the single most common RFE trigger in spousal cases), incorrect or missing USCIS filing fees, incomplete or improperly signed forms, failure to include certified translations of foreign-language documents, missing or expired identity documents, and failure to disclose prior immigration history or criminal records. Every petition prepared by The Echavarria Law Firm goes through a comprehensive quality review before filing to ensure completeness and anticipate potential USCIS concerns.

Two Paths to the Green Card: Adjustment of Status vs. Consular Processing

Once your I-130 petition is approved (or, in some cases, filed concurrently), the beneficiary must complete one of two processes to actually receive their green card: Adjustment of Status (staying in the U.S.) or Consular Processing (interviewing abroad).

The choice between adjustment of status and consular processing is not always straightforward. If the beneficiary entered the U.S. without inspection (crossed the border without a visa), they are generally ineligible for adjustment of status and must depart for consular processing—but departure can trigger unlawful presence bars that prevent re-entry for 3 or 10 years. In these situations, a provisional waiver (Form I-601A) filed before departure, or a waiver of inadmissibility (Form I-601), becomes essential. Read our I-601A waiver evidence guide for details on qualifying and building a strong extreme hardship case.

K-1 Fiancé Visa: Bringing Your Partner to the United States

The K-1 visa allows a U.S. citizen to petition for their foreign fiancé(e) to enter the United States for the purpose of marriage. The couple must marry within 90 days of the fiancé(e)'s entry, after which the K-1 holder applies for adjustment of status to obtain a green card.

K-1 Process Overview

The U.S. citizen files Form I-129F, Petition for Alien Fiancé(e), with USCIS. Upon approval, the case is forwarded to the National Visa Center (NVC), then to the U.S. Embassy or Consulate in the fiancé(e)'s country for an interview. The fiancé(e) must demonstrate a genuine relationship, complete a medical examination, and provide financial evidence that the U.S. citizen meets the income threshold for the Affidavit of Support (Form I-134). Minor children of the K-1 applicant can enter on K-2 derivative visas and may later adjust status as stepchildren of the U.S. citizen.

Current K-1 processing times are approximately 10–16 months from filing to visa issuance. An attorney ensures the petition includes sufficient relationship evidence, prepares you for the consular interview, and manages the post-marriage adjustment of status filing so there are no gaps in legal status.

Waivers of Inadmissibility: Overcoming Barriers to Family Immigration

Many family immigration cases encounter roadblocks that can prevent a beneficiary from entering or remaining in the United States. Common grounds of inadmissibility include unlawful presence (overstays), unauthorized entry, certain criminal convictions, prior deportation orders, fraud or misrepresentation on immigration applications, and public charge concerns. Federal immigration law provides waiver mechanisms that, when approved, forgive the ground of inadmissibility and allow the case to proceed.

I-601A Provisional Unlawful Presence Waiver

The I-601A provisional waiver allows certain immediate relatives of U.S. citizens and LPRs to apply for a waiver of the 3/10-year unlawful presence bar before departing for their consular interview abroad. This eliminates the risk of being stranded outside the U.S. while a waiver decision is pending. To qualify, you must be an immediate relative of a U.S. citizen or LPR, be 17 or older, be physically present in the U.S. at the time of filing, have an approved I-130 petition, and demonstrate that your U.S. citizen or LPR spouse or parent would suffer extreme hardship if the waiver were denied.

I-601 Waiver of Inadmissibility

For grounds beyond unlawful presence—or for applicants who do not qualify for the I-601A—the Form I-601 waiver is filed at the consulate after the visa interview. This waiver requires a showing of extreme hardship to a qualifying U.S. citizen or LPR relative. The hardship standard is rigorous, and the evidentiary package must be comprehensive: medical documentation, psychological evaluations, financial impact analyses, country conditions evidence, and detailed declarations. Our firm builds extreme hardship waiver packages designed to meet USCIS standards on the first filing.

How Our San Antonio Family Immigration Practice Works

Why San Antonio Families Choose The Echavarria Law Firm

15+ years focused on family immigration. Attorney Elizabeth Echavarria has dedicated her career to family-based immigration cases—I-130 petitions, spousal visas, marriage green cards, consular processing, and waivers. This is a firm where family immigration is a core practice, not a sideline.

Deep South Texas local knowledge. We serve families across San Antonio, Del Rio, and Laredo. We know the procedures at the San Antonio USCIS field office, the tendencies of local adjudicators, the San Antonio Immigration Court processes, and the unique challenges that families in South Texas border communities face.

Bilingual from start to finish. Every consultation, document review, interview prep session, and USCIS interaction is available in both English and Spanish. You will never be left guessing about what a form says, what evidence is needed, or what happens next.

Proactive waiver strategy. Many San Antonio family immigration cases involve unlawful presence, prior unauthorized entry, or other inadmissibility grounds. We identify these issues at intake—not after a denial—and build waiver packages (I-601A, I-601) from the start so your case proceeds without preventable setbacks.

Transparent pricing. We provide written fee agreements before you pay a dollar. For a detailed overview of what family immigration legal services cost, see our 2026 Immigration Lawyer Cost Guide.

Frequently Asked Questions — Family-Based Immigration in San Antonio

Who can sponsor a family member for immigration to the United States?

U.S. citizens can petition for spouses, unmarried children under 21 (as immediate relatives), parents (petitioner must be 21+), adult children (married and unmarried), and siblings. Lawful permanent residents (green card holders) can petition for spouses and unmarried children only.

The petitioner files Form I-130 with USCIS and must provide documentary evidence proving the qualifying family relationship. A family immigration attorney ensures the petition is complete and properly supported to avoid delays.

What is the difference between immediate relative and family preference visas?

Immediate relative visas (IR1, CR1, IR2, IR5) are for spouses, unmarried children under 21, and parents of U.S. citizens. There is no annual visa cap, so processing is faster—typically 12–18 months.

Family preference visas (F1–F4) cover adult children, siblings of U.S. citizens, and spouses/children of green card holders. These categories have annual numerical limits that create visa bulletin backlogs extending wait times from 2 to 22+ years, depending on the category and the beneficiary's country of origin.

How long does the family-based immigration process take in San Antonio?

Timelines vary significantly by category. Immediate relatives: approximately 12–18 months. F2A (spouses/children of LPRs): 2–3 years. F1 (unmarried adult children of citizens): 7–10+ years. F2B (unmarried adult children of LPRs): 6–9+ years. F3 (married children of citizens): 12–15+ years. F4 (siblings): 15–22+ years.

Processing at the San Antonio USCIS field office fluctuates based on caseload. Filing errors and RFEs add delays. An experienced attorney helps minimize those risks. See our USCIS timelines guide for 2026.

What is the I-130 petition and how much does it cost?

Form I-130 is the foundational filing that establishes the qualifying family relationship between the petitioner and the beneficiary. The USCIS filing fee is $625–$675 (2026). Attorney fees in San Antonio typically range from $1,500–$5,000 depending on complexity.

The petition requires marriage or birth certificates, proof of petitioner's status, evidence of the bona fide relationship, and photographs. For a full cost breakdown, see our immigration lawyer cost guide.

What is the difference between adjustment of status and consular processing?

Adjustment of status (I-485) allows eligible beneficiaries already in the U.S. to apply for a green card without leaving the country. It requires lawful entry, an available visa number, and no disqualifying history.

Consular processing is for beneficiaries outside the U.S. or ineligible for AOS. The beneficiary interviews at the U.S. Embassy in their home country. Departure for consular processing can trigger unlawful presence bars (3 or 10 years), making I-601A or I-601 waivers a critical consideration.

What is a K-1 fiancé visa and how does it work?

The K-1 visa allows the foreign fiancé(e) of a U.S. citizen to enter the U.S. to get married. The couple must marry within 90 days of entry. After marriage, the K-1 holder applies for adjustment of status (I-485) to obtain a green card.

The process starts with Form I-129F, filed by the U.S. citizen. Minor children can accompany on K-2 derivative visas. Current processing is approximately 10–16 months from filing to visa issuance.

What happens if my family immigration petition is denied or triggers an RFE?

A Request for Evidence (RFE) means USCIS needs additional documentation—usually insufficient bona fide marriage evidence, missing financial records, or incomplete forms. You generally have 87 days to respond.

If the petition is denied, you may file a motion to reopen or reconsider with USCIS, or appeal to the Administrative Appeals Office (AAO). An experienced attorney can respond strategically to RFEs and pursue appeals to salvage the case.

What family immigration services does The Echavarria Law Firm offer?

We handle comprehensive family-based immigration in San Antonio: I-130 petitions for all qualifying relatives, marriage green card applications, K-1 fiancé visa petitions (I-129F), adjustment of status (I-485), consular processing coordination, affidavit of support preparation (I-864), I-601A provisional waivers, I-601 waivers of inadmissibility, RFE response strategy, motions to reopen denied cases, conditional residence removal (I-751), and USCIS interview preparation.

All services are in English and Spanish. Attorney Elizabeth Echavarria brings 15+ years of family immigration experience. Contact us for a consultation.