FAMILY + MARRIAGE + FIANCE IMMIGRATION

FAMILY-BASED IMMIGRATION

Many U.S. citizens or Lawful Permanent Residents (LPRs) desire to bring family members permanently to the United States or want to petition for a close family member who is already living here.  

In order to sponsor a family member, the sponsor must be at least 21 years old and must be either a U.S. citizen or LPR. There are two types of family-based immigrant visas:

Immediate Relative: these visas are based on a close family relationship with a U.S. citizen, such as a spouse, child, or parent. The number of immigrants in these categories is not limited each fiscal year. There is always a visa available for immediate relatives.

Family Preference: these visas are for specific, more distant, family relationships with a U.S. citizen and some relationships with a Lawful Permanent Resident (LPR). The number of immigrants in these categories is limited each fiscal year. Often the family member will be placed on a waiting list until the visa becomes current. 

Keep in mind that U.S. citizens can file an immigrant visa petition for their:

• Spouse
• Son or daughter
• Parent
• Brother or sister

U.S. Lawful Permanent Residents can only file an immigrant visa petition for their:

• Spouse
• Unmarried son or daughter

As part of the petition process, the sponsor must file an Affidavit of Support, which assures the government that the immigrant will be financially supported throughout the process. If the Petitioner is not able to meet the financial obligations, a co-sponsor can be added.

FIANCE VISAS

If you are a U.S. citizen who wants to bring a fiancé to the U.S., you can apply for the K-1 visa with USCIS. Within 90 days of your fiancé arriving, you and your fiancé must marry within the U.S. and apply for permanent residency (green card). It is possible that your fiancé’s children can also be included in the K-1 application.