Family Based Immigration Lawyer: Expert Guidance for Families
Families make the strongest case for why immigration law matters. When a spouse, fiancé, or child is abroad, every day of waiting can feel heavy. At Garrett, Walker, Aycoth & Olson, Attorneys at Law, we help families turn uncertainty into a clear plan with timelines, milestones, and steady communication. As a dedicated immigration attorney serving clients in San Antonio and beyond, we offer the legal assistance you need to navigate the complexities of family visas and immigrant visas. If you’re searching for a family based immigration lawyer who treats your case like it’s the only one on the desk, you’re in the right place.
Guiding Families Through U.S. Immigration With Clarity and Care
Family immigration offers powerful paths to permanency, including avenues to citizenship, but each path has its own rules, forms, and timing. A small error can trigger delays or requests for evidence. Careful planning at the start avoids months of frustration. We proudly serve U.S. citizens and families alike—especially those in San Antonio—ensuring that every case receives personalized attention.
We focus on marriage based green cards, the K1 fiancé visa, and K2 visas for accompanying children. These are the most common ways for U.S. citizens to reunite with their loved ones and build stable lives in the United States. With a disciplined process, prompt filings, and well-prepared interviews, families can move forward confidently using our expert legal assistance.
What a Family-Based Immigration Lawyer Actually Does
A focused legal team does more than fill out forms. We explain the strategy, set a timeline, and keep you informed at every step. When an officer reviews your file, the organization and detail should make the decision easy.
After analyzing your facts, we match you to the right process and file with USCIS or the National Visa Center, depending on the path. We also prepare you before the interview so your answers are clear, consistent, and complete. Our work supports U.S. citizens and immigrant families alike, ensuring that legal assistance and expert advice are never out of reach.
- Case strategy: Choose the right path, weigh timing, confirm eligibility
- Forms and filings: Prepare I-130, I-485, I-864, I-129F, I-765, I-131, DS-260
- Evidence planning: Build a strong packet tailored to your relationship
- Interview prep: Coach on common questions and proof of a real marriage
- Problem solving: Address RFEs, expedite requests, and waiver options
Marriage-Based Green Cards: Two Paths to Permanent Residence
A U.S. citizen or permanent resident can petition a spouse for a green card. The right approach depends on where the spouse is located and whether the marriage is recent. The two main routes are Adjustment of Status inside the United States and Consular Processing, which is a common procedure for immigrant visas when the spouse is abroad or otherwise not eligible to adjust.
Adjustment of Status is common when the foreign spouse is already in the country and eligible to file. You can often file the I-130 petition and the I-485 application together. Work authorization and advance parole usually arrive earlier than the green card, allowing the applicant to work lawfully and travel while the case is pending. U.S. citizens benefit from this streamlined process, and our San Antonio office is well-versed in ensuring every detail is addressed efficiently. Timing varies by location and case type.
Consular Processing starts with an I-130 petition, then moves to the National Visa Center for document collection and fees, and finally to a U.S. embassy or consulate abroad for the interview. After approval, the spouse enters the country with an immigrant visa and receives a green card soon after arrival.
If your marriage is under two years old at the time of green card approval, the spouse receives a two-year conditional card. Near the end of that period, you file Form I-751 to remove conditions and receive a ten-year card. Planning for the I-751 early makes the process straightforward later.
K1 Fiancé and K2 Visa Strategy
The K1 fiancé visa allows a U.S. citizen to bring a fiancé to the United States to marry within 90 days, then apply for a green card through Adjustment of Status. This path can be faster in some locations than consular processing of a marriage-based case, especially when marrying abroad would add complexity. It can also be a better fit when wedding plans in the United States are important to the couple. Our San Antonio team ensures that every U.S. citizen seeking reunification with their partner receives dedicated legal assistance.
Children of the fiancé can qualify for K2 visas and accompany the parent to the United States. After the marriage takes place, K1 and K2 entrants file for Adjustment of Status, work authorization, and advance parole. A smooth K1 case starts with strong proof of an in-person meeting within two years, authentic relationship evidence, and clean documents at the consulate stage.
We compare both paths during your consult. For some families, marrying abroad and running a traditional immigrant visa case is simpler. For others, the K1 route offers speed and predictability. It comes down to travel logistics, country-specific interview backlogs, and personal priorities—matters U.S. citizens and their families must weigh carefully.
Quick Comparison of Popular Family Paths
| Path | Who it is for | Key forms | Interview location | Typical timeline | Work authorization timing | Risks to plan for |
|---|---|---|---|---|---|---|
| Marriage-based green card via Adjustment of Status | Spouse in the U.S. who is eligible to adjust | I-130, I-485, I-864, I-693, I-765, I-131 | Local USCIS office | Often 10 to 20 months, varies by field office | EAD and advance parole may arrive before green card | Status violations, prior entries, public charge issues |
| Marriage-based green card via Consular Processing | Spouse abroad or not eligible to adjust | I-130, DS-260, I-864, civil docs, medical | U.S. embassy or consulate | Often 12 to 20 months, varies by consulate | Work begins after arrival as a permanent resident | NVC document checkbacks, security checks, medical issues |
| K1 fiancé visa (with K2 for children) | Engaged to a U.S. citizen, planning to marry in the U.S. | I-129F, consular packet, then I-485 after marriage | U.S. embassy or consulate for K1, later USCIS for AOS | Often 12 to 18 months to K1, then AOS timeline | EAD requested after marriage with AOS | Proof of meeting, intent to marry, later AOS step adds time |
Timelines are averages and depend on the service center, consulate capacity, background checks, and the quality of the file. Our role is to aim for the lower end by submitting complete, organized, and credible applications. We understand how important citizenship, family visas, and the path to immigrant visas are for U.S. citizens, especially those living in San Antonio, and we’re here to help every step of the way.
Strong Evidence Makes All the Difference
USCIS and consular officers look for a real, ongoing relationship, shared life plans, and documents that line up with your story. There is no single magic item. Strength comes from consistent, well-curated proof.
We start by mapping your history: how you met, how you communicate, how you share finances or responsibilities, and how your families participate. Then we present the proof in a clean and logical order, with a cover letter that helps the reviewer follow along.
- Joint lease or mortgage
- Shared bank accounts or insurance
- Photos with family over time
- Travel stamps, itineraries, and messages
Avoiding Delays, RFEs, and Denials
An avoidable delay can add months to a case. We look for red flags early and fix them before filing. When we do receive a request for evidence, we respond quickly and precisely, matching each request with the right proof.
- Form accuracy: Every date, address, and entry history checked against records
- Medical and vaccines: I-693 timed correctly to avoid expiration
- Public charge: I-864 completed with the right income and documentation
- Prior issues: Strategy for status gaps, unlawful presence, misrepresentation
- Country realities: Plan for consulate-specific rules and security checks
Waivers and Special Situations
Some cases require waivers, like I-601 or I-601A for certain grounds of inadmissibility, or I-212 consent to reapply after removal. Success often hinges on clear evidence of qualifying hardship to a U.S. citizen or permanent resident spouse or parent. We organize hardship evidence that is compelling, specific, and supported by records.
Other families run into hurdles like missing birth records, prior name changes, or adoption documentation. Creative solutions exist, including secondary evidence and affidavits. The key is careful preparation and staying ahead of the next step with the professional support that only a skilled immigration attorney can provide.
What to Expect: Step by Step
From the first call to the green card in hand, a clear plan reduces stress. Our team sets realistic goals, prepares you for each stage, and keeps you posted when the file moves.
- Initial consult and strategy
- Document checklist and evidence plan
- Drafting and signatures
- Filing and receipt notices
- Biometrics and case tracking
- Interview prep and attendance
- Approval, card production, and long-term planning
Fees, Timelines, and Communication
We believe in transparent fees and a scope of work that sets expectations. Government filing fees are separate and can be significant, so we build a schedule that works for your budget. For most cases, we offer flat fees tied to milestones.
Timeframes change with agency backlogs and policy updates. We track your file weekly, flag movement, and request status updates when things stall. If your case qualifies for an expedite, we prepare a targeted request with supporting evidence.
Why Families Choose Garrett, Walker, Aycoth & Olson
Immigration is personal. We keep our caseload controlled so we can be responsive and detail oriented. Your calls and emails are answered, your questions are welcomed, and your case stays moving. U.S. citizens working with us enjoy a personalized approach that considers every detail—from securing immigrant visas to planning for citizenship.
Our team has handled hundreds of family filings, interviews, and waivers. We combine legal precision with practical advice, so you know what officers expect and how to present your story.
- Focused practice: Marriage-based green cards, K1 fiancé visas, and K2 visas for children
- Interview coaching: Honest prep that builds confidence
- Process discipline: Organized filings that are easy to review
- Tech-enabled: Secure document portals and status updates
- Care and candor: Clear answers, realistic timelines, steady support
Serving clients from San Antonio to across the nation, we provide legal assistance that U.S. citizens trust with their most important family cases.
Common Questions We Hear
Can I work while my Adjustment of Status is pending?
If you filed Form I-765 with your green card application, you can start working once the EAD card arrives. Many applicants also file Form I-131 for advance parole to travel while the case is pending.
What if we married less than two years before approval?
You will receive a conditional green card valid for two years. File Form I-751 to remove conditions in the 90-day window before the card expires. If life events complicate the joint filing, waiver options exist.
Does a K1 fiancé need to leave the country to get a green card?
No. After marriage within 90 days, the K1 holder files for Adjustment of Status without leaving. K2 children file their own AOS linked to the parent’s case.
What happens if I lived in different countries for long periods?
You may need police certificates from those countries at the consular stage. We help identify the correct documents and request them early to avoid delays.
Can a permanent resident sponsor a spouse?
Yes. If the sponsor is a permanent resident, visa availability may involve a wait depending on the category. However, U.S. citizens have immediate availability for sponsoring their spouses—a critical factor we consider during your consult.
How We Prepare You for the Interview
Interviews are conversations, not cross-examinations. The best approach is honest, consistent answers that match the forms and evidence in the file. We schedule a full prep session, including sample questions, a review of your history, and practical tips for documents to bring.
For consular interviews, we walk through country-specific guidance, what to expect at security, and how to handle follow-up instructions for medical exams or courier services. If an officer requests additional documents, we act quickly to deliver what is needed.
Building a Life After Approval
Once the green card arrives, we shift to the next steps. We advise on changing your Social Security record, updating employer files, and planning for future filings, including removal of conditions or citizenship applications. For travel, we discuss time outside the United States and how to protect your residency.
If you received a conditional card, we set reminders for I-751 well in advance. For many couples, the I-751 process is smoother when you gather records over time instead of scrambling at the deadline.
Ready to Take the Next Step
If you want a family based immigration lawyer who blends legal skill with practical care, we would be honored to help. Call Garrett, Walker, Aycoth & Olson, Attorneys at Law, to schedule a consultation in San Antonio or via our virtual offices. Bring your questions. We will outline your options, clarify timelines, and map a path that fits your family’s goals—whether you’re aiming to secure family visas, immigrant visas, or even plan for future citizenship.
Let us guide you on your journey to reunification.