Of the many different ways foreign nationals migrate to the U.S., it is most commonly done through a family member or spouse. The following is a general description of how the process works for these individuals, based on information from the U.S. Citizenship and Immigration Services.

It is important to note every case is handled on an individual basis. Fees, forms, wait times and eligibility are subject to change.

Step 1:
Understand that the immigration process is very complicated, very expensive and very slow.

Also understand a lawful permanent resident of the U.S. is not a U.S. citizen. Permanent residents do not have the same priority status as citizens in the immigration process. (See step 5)

Step 2:
Determine the current status of the foreign national who wants to come to the U.S. The correct files and the process may change according to age and other factors.

Step 3:
Obtain the correct paperwork and have all personal papers that will be required, such as birth certificates, marriage certificates, passports, etc.


At least a headache or two may be avoided by filing all the correct paperwork from the start. Each form costs hundreds of dollars to file and there are absolutely no refunds.

Many people use immigration lawyers to help understand all the paperwork. There’s plenty of it and it can be quite confusing. However, a lawyer is not mandatory.

Step 4:
Filing for petition. A family member or spouse must petition for the individual seeking residency by filing the Form I-130, Petition for Alien Relative ($355 for a relative and $455 for a spouse).

Depending on the relationship of the petitioner, this can take months to years to complete.

It is important to note that filing the I-130 does not grant any permission for the individual to be in the U.S. They must wait in their home country.

Step 4.5:
Petitioner takes full financial responsibility for the immigrant.

For those coming to the U.S. through family and not marriage, the petitioner also must accept the role of a financial sponsor and file Form I-864, Affidavit of Support (free).

This is to ensure the immigrant will not be dependent on public benefits once they arrive in the country. If legal resident status is granted, and he or she later receives financial assistance, the petitioner can be required to repay the money.


Step 5:

Approval or denial of petition.

After months or years, USCIS will decide yes, no or may require more info.

The latter will slow down the process even more, which is why all required documents and information need to be submitted correctly from the start.

If approved, the individual’s file is sent to the U.S. State Department National Visa Center where it waits months or years more, until an immigrant visa number becomes available.

Immediate relatives of U.S. citizens do not have to wait for an immigrant visa number to become available, whereas immediate relatives of lawful permanent residents do.

Step 6:
Once approved, the State Department will contact the foreign national with instructions on how to obtain the visa.

Step 7:
After three to five years of residency, the individual may then apply for citizenship through the process of naturalization by filing the N-400.

Along with this form the resident must also include color photos and money to pay for fingerprints, which costs a total of $675.

Step 8:
Study American history and practice speaking English to prepare for the written test administered to all immigrants seeking citizenship.

This is to ensure the immigrant understands the workings of American government and have a sufficient grasp on the English language.

It should also be noted that this test was recently modified and is considerably more difficult than the previous test.

Step 9:
Take the Oath of Naturalization, usually at a naturalization ceremony.
According to the USCIS Web site, The oath of allegiance is:

"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God."

Step 10:
Enjoy being an American!