In the United States, the immigration system allows U.S. Citizens (USC) and Lawful Permanent Residents (LPR) to sponsor certain family members for a family-based visa, immigration status, and eventually, the coveted Green Card.
Navigating the complexities of U.S. immigration can be challenging, especially when it comes to family reunification. We understand the importance of these connections and are committed to guiding you through every step of the U.S. family visa process. Whether you are a U.S. Citizen (USC) or a Lawful Permanent Resident (LPR), U.S. law provides several visa categories that enable your loved ones to join you. This guide aims to shed light on the main options available.
Visas for Spouses and Fiancés of U.S. Citizens (USC)
If you’re a U.S. citizen, you have the option to sponsor your fiancé(e) or spouse to join you in the United States.
1. The Fiancé(e) Visa (K-1): For Future Spouses
The K-1 visa, also known as the “fiancé(e) visa,” is a family-based visa for U.S. citizens who want to bring their fiancé(e) to the United States with the intention of marrying them.
Key Conditions:
- The U.S. citizen and their fiancé(e) must genuinely intend to marry within 90 days of the fiancé(e)’s entry into the U.S.
- Both parties must be legally free to marry.
- They must have met in person at least once within the last two years, with specific exceptions.
Process: Once the K-1 visa is approved and the fiancé(e) enters the United States, the marriage must occur within 90 days. After the marriage, the foreign spouse must apply for an Adjustment of Status (AOS) to obtain a green card.
2. The Spousal Visa (CR-1 / IR-1): For Married Couples
The CR-1 (Conditional Resident) and IR-1 (Immediate Relative) visas are the preferred pathways for U.S. citizens wishing to sponsor their foreign spouse.
CR-1 vs. IR-1:
- CR-1 (Conditional Resident Spouse): If the marriage is less than two years old at the time of visa application approval or adjustment of status, the spouse will receive a “conditional” green card valid for two years. Before this period expires, the couple must file a joint petition to remove the conditions and obtain a permanent green card.
- IR-1 (Immediate Relative): If the marriage is two years or older at the time of approval, the spouse will directly receive a permanent green card, without conditions.
Advantages of CR-1 / IR-1: One of the main benefits of this family visa category is that the foreign spouse arrives in the United States with permanent resident status, allowing them to work and live legally without needing to adjust their status later.
Other Family Visas for U.S. Citizens (USC) and (LPR)
In addition to spouses and fiancé(es), U.S. citizens and lawful permanent residents (LPR) can sponsor other family members, although wait times can vary significantly depending on the visa category and the beneficiary’s country of origin.
Family Visa Categories:
Family visas are divided into different preference categories, which determine the order in which applications are processed.
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Immediate Relatives (IR): These categories do not have annual quotas, meaning they are processed more quickly than preference categories.
- IR-1: Spouse of a U.S. citizen (described above).
- IR-2: Unmarried child under 21 years old of a U.S. citizen.
- IR-5: Parent of a U.S. citizen (the U.S. citizen must be at least 21 years old).
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Family Preference Categories: These categories are subject to annual quotas and can involve significant waiting periods.
- F1 (First Preference): Unmarried sons and daughters aged 21 or over of U.S. citizens, and their minor children.
- F2 (Second Preference): Spouses and children (unmarried and under 21) of lawful permanent residents (LPRs), as well as their unmarried sons and daughters aged 21 or over. This category is subdivided into F2A (spouses and minor children) and F2B (unmarried sons and daughters aged 21 or over).
- F3 (Third Preference): Married sons and daughters of U.S. citizens, and their spouses and minor children.
- F4 (Fourth Preference): Brothers and sisters of U.S. citizens, and their spouses and minor children (the U.S. citizen must be at least 21 years old).
General Family Visa Application Process
While each case is unique, the general process typically involves the following steps:
- Filing the Petition (Form I-130): The U.S. citizen or lawful permanent resident files a petition with U.S. Citizenship and Immigration Services (USCIS) to prove the qualifying family relationship.
- Petition Approval: Once the petition is approved, and if the visa category is immediate or a priority date is available (for preference categories), the case is forwarded to the National Visa Center (NVC).
- NVC Processing: The NVC collects the required documents, fees, and necessary forms from both the petitioner and the beneficiary.
- Consulate/Embassy Interview: The beneficiary is scheduled for an interview at the U.S. embassy or consulate in their country of residence.
- Medical Examination: The beneficiary must undergo a medical examination with an authorized physician.
- Decision and Visa Issuance: If the interview is successful and all criteria are met, the visa is issued.
Why Choose J2M Law Firm?
The complexity of immigration laws can be intimidating. Our law firm is experienced in immigration law and dedicated to providing you with comprehensive and personalized support. We understand the emotional stakes involved in family reunification. We offer continuous assistance:
- Evaluate your situation: We will analyze the specifics of your case to determine the best strategy.
- Prepare your file: We will help you gather all necessary documents and accurately complete the forms.
- Protect your interests: We monitor the processing of your application by immigration authorities.
- Keep you informed: We will support you at every step of the process, clearly explaining procedures and timelines.