Family Based Immigration

Permanent immigration in the U.S. comes with a variety of rights and privileges. There are two methods for obtaining lawful permanent residency based on a familial relationship: marriage or engagement to a U.S. Citizen, or through a relative who is either a citizen of the U.S. or a lawful permanent resident.

Marriage Based

Permanent immigration based upon a marital relationship exists in several categories, the K-1 Visa, also known as the Fiancé Visa, and the K-3 Visa. U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fiancé by way of the K-1 visa. U.S. Citizens who have a spouse that is a foreign national who is waiting abroad for an immigrant visa, can petition the USCIS on behalf of their spouse to allow them to re-unite with their family and apply for Immigrant status once in the United States.

Spouses of U.S. Citizens may also petition the government for an Immigrant Visa by filing Form I-130, Petition for Alien Relative, as an immediate relative of a U.S. Citizen. There is no annual limit or quota that applies to this category.

K-1 Visa, Fiance Visa

U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fiancé by way of the K-1 visa.

To Be Eligible For This Visa:

You must be legally able to marry;
The marriage must be a bona fide marriage with good intent;
You must be willing to marry within 90 days of the fiancé entering the United States; and
You must have met within two years of filing for the visa.

Children of the foreign fiancé that are under the age of 21 and unmarried may be able to accompany them to the United States and apply for green cards. The fiancé should remain overseas until all appropriate visa arrangements for the children have been made. We recommend that an applicant not plan on leaving the U.S. until after marriage. A K-1 visa is valid for only one (1) entry into the United States. Therefore, re-entering with it is not possible. A foreign national also cannot renew a K-1 fiancé visa.

Process

The U.S. citizen should first file a Petition for Alien Fiancé with the USCIS, Form I-129F. Once the petition is approved, the USCIS will forward the approved petition to the appropriate American consulate to interview the foreign national. Once the foreign national attends the consular interview and is approved for the nonimmigrant visa, s/he may travel to the United States to marry her/his U.S. citizen fiancé.

K-3 Visa

U.S. Citizens who have a spouse that is a foreign national who is waiting abroad for an immigrant visa, can petition the USCIS on behalf of their spouse to allow them to re-unite with their family and apply for Immigrant status once in the United States.

Spouses of U.S. citizens, and the spouse’s children living overseas, may come to the United States on a K-3 visa (spouse) or K-4 visa (child) and wait in the U.S. to complete the permanent resident immigration process. A child is not eligible for K-4 status, unless their parent maintains K-3 status.

Process

Two petitions must be filed to obtain K-3/K-4 visa status:

The recipient of the K-3 visa will then apply for their K-3 visa at the embassy
or consulate in their home country.
Once approved, the K-3 visa holder may travel to the United States and apply for work authorization (Form I-765) to obtain a work permit, and begin authorized employment in the United States while waiting to adjust status to that of a Permanent Resident.

The U.S. Citizen spouse must first file Form I-130, immigrant Petition for Alien Relative for the overseas spouse with the USCIS.
Thereafter, the U.S. Citizen spouse must file a petition for Alien Fiancé for their
spouse and/or children. The relative must send the petition, supporting documentation
and a copy of the receipt notice to the appropriate USCIS service center.

Family Based

Obtaining permanent resident status (“Green Card”) in the United States through a family member is a viable option for many individuals. A person may qualify for a green card through relatives if they fall into one of the following categories: Immediate Relative of U.S. Citizen or Preference Relative of U.S. Citizen/Lawful Permanent Resident.

Permanent Residency for Immediate Relative of US Citizen

Immediate relatives of U.S. citizens may immigrate to the United States in unlimited numbers. Currently, there is no annual limit or quota that applies to this category.

The following individuals qualify for immediate relative status:

Spouses of U.S. citizens (including widows and widowers of U.S. citizens who were
married to U.S. citizens for at least two years and are applying for a green card
within two years of the U.S. citizens’ death);
Unmarried children of U.S. citizens that are under the age of 21;
Parents of U.S. citizens. The U.S. citizen petitioner must be 21 years of age.

Preference Relative of U.S. Citizen – Green Card Holder

Individuals may qualify for a green card through a relative if they fall within one of the preference categories listed. Depending on demand, these individuals will most likely have to wait in line, possibly for many years, prior to being able to obtain a green card.

Preference Categories

Family Third Preference. Married children of U.S. citizens.
Family Fourth Preference. Sisters and brothers of U.S. citizens. The U.S.
citizen must be at least 21 years of age.

Family First Preference. Unmarried children, any age, of U.S. citizens.
Family Second Preference.
- Spouses and unmarried children (under the age of 21) of green card holders; and
- Unmarried sons and daughters of green card holders, who are at least 21 years old.

A sponsoring relative should first submit an immigrant visa petition, Form I-130, Petition for Alien Relative. This form should be accompanied by proof of the relationship between the sponsoring relative and the foreign applicant.

In order to sponsor an applicant for lawful permanent residency, a sponsoring relative must provide evidence of the following:

They are a United States citizen or a Lawful Permanent Resident of the U.S.
They can support the dependent relative at 125% above the mandated poverty line.
They must also establish proof of their relationship to the relative.