Types Of Family Visas
We have compiled a list of family visas that may be right for your family’s situation:
K-1 Fiancée Visa:
This visa is available for an alien who intends to marry a U.S. citizen and comes to live in the U.S. while planning the wedding ceremony. Certain requirements must be met:
- The alien fiancée must pass a medical examination at the U.S. consular office abroad.
- Once the U.S. consular office has granted the visa, the alien must travel to the U.S. within 180 days.
- Once the alien fiancée has entered the U.S. with a K-1 visa, he or she must actually marry the U.S. intended within 90 days and then must submit an entire package for adjustment of status (green card) based upon marriage to the same U.S. citizen who signed the K-1 Petition.
This visa is for the children of the alien receiving the K-1 visa (intended stepchildren). The K-2 visa depends upon the K-1 holder (parent) complying with all requirements.
K-3 Spouse Visa:
This visa is for an alien who is already married to a U.S. citizen and comes to live with their spouse in the U.S. The U.S. citizen spouse must first file an I-130 Petition for the foreign spouse. The K-3 visa allows the alien spouse to live in the U.S. while the I-130 Petition is being processed.
This visa is for the children of the alien receiving the K-3 visa (stepchildren). The K-4 visa depends upon the K-3 holder (parent) complying with all requirements.
Family-Based Green Cards:
An adult U.S. citizen or Permanent Resident may make an I-130 application to the Immigration Service for an immigrant visa for a spouse or other close relatives such as children, mother, father, sister or brother. Once the I-130 application is approved, it does not necessarily mean that there is an immigrant visa available yet for the family member to use. The family member must wait until an immigrant visa is available for them to live permanently in the U.S. When the immigrant visa is available, your family member can file a petition with the Immigration Service to “adjust status” to alien permanent resident status (green card) inside the U.S. or make an application for Consular Processing in their home country.
The spouse of a U.S. citizen is typically entitled to an “immediately available” immigrant visa. The others are placed into preference order which determines who is given priority entry into the United States:
- First Preference: Unmarried, adult (21 years of age or older) sons and daughters of U.S. citizens.
- Second Preference: Spouses of lawful permanent residents and the unmarried sons and daughters of lawful permanent residents.
- Third Preference: Married sons and daughters of U.S. citizens.
- Fourth Preference: Brothers and sisters of adult U.S. citizens.
Take Action To Protect Your Rights
If you are seeking a family visa, call the attorneys at Schwartz Posel Immigration Law Group today at 770-951-1100, or complete the contact form provided on this site to schedule your free email consultation with a lawyer.
We are located in Atlanta but work with families well beyond Georgia who wish to secure any type of family visa.