Petitions filed on the basis of family–
Under this, people living in the US can sponsor their family to immigrate to the US. On the basis of the relationship of international people with US Permanent Residents or United States citizens, the US immigration and Nationality Act permits those individuals for immigration to the US.
Process to apply for Family-Based Immigration:
- The US Permanent Residence or US Citizen can apply for this visa.
- A Decision is made by the USCIS for Visa applied.
- Family members belonging to the preference group hold back for the availability of visa.
- Green card or immigrant visa is applied for by the immigrant.
US Green Card holder can Sponsor/Support:
- Unmarried child under 21 years of age
- Wife or Husband
- Unmarried daughter or son over 21 years of age.
US citizen can support/Sponsor following family members-
- Unmarried daughter or son above 21 years of age
- Unmarried children under the age of 21 years
- Married daughter or son of any age
- Father or Mother, in case you are at least 21 years old
- Sisters or brothers in case you are at least 21 years old
- Wife or Husband
To sponsor a child, daughter, or son, one needs to collect all the necessary documents. It all depends on your relationship and status. Any individual applying needs to file the Form 1-130, and also needs to show evidence of your United States citizenship, PR and also your relationship with your child.
Filing Petition for an immediate family member:
In case your family member is in the US already, they may file a petition to become Green Card Holder once the visa number availability is there using Form 1-485. In case the family member is not in the US, National visa center will be getting the filed petition. Your petition will be sent to the suitable US consulate by the National visa center once the visa becomes available and then information will be sent to the family member how to proceed next. It is mainly a consular process.
The person who is engaged or married to the United States citizen may qualify to immigrate to the US. The relationship needs to be valid, and it should be proved with evidence. One needs to show solid proof of the relationship. Financial stability to support a spouse should also be proved. Children who are minors can also join their parents in the US.
Due to the long waiting list, an individual could be waiting for almost 4 years for a US Spousal visa.
US citizen can sponsor spouse in the following ways:
- K-3 – by filing a non-immigrant visa for the spouse; or
- Form 1-130 — by filing the IRI or CRI immigrant petition for Alien Relative.
- K-3 is a visa which should be filed in the country where marriage ceremonies were done.
After the visa is processed, spouse as non – immigrant may come to the United States and wait for the immigrant visa to be processed. It consists of filing petition for Alien fiancé(e) (Form 1-129F) and an Alien Relative (Form 1-130). The IRI and CRI is simply an immigrant petition for Alien Relative, which means it is an immigrant visa for the spouse of a United States citizen.
K-1 Fiancé Visa
This visa permits a US citizen to sponsor her/his fiancé (e) to come to the United States to get married. This visa facility is available to those where one of the partners is living out of the United States and they have plans to get married in near future.
K-1 visa is not for those couples where the couples have already got married. Also, you cannot sponsor your fiancée if she is already in the US. In order to get the K-1 visa one needs to file a form 1-129F, Petition for Alien Finance. After getting a visa one needs to get married within the ninety days or otherwise, the international fiancé will need to leave the United States.
It is a visa for the foreign relatives of the United States Citizen or US Permanent Resident who can support/sponsor their foreign relatives.
United States citizen or US Permanent Resident should file the 1-130 form for their foreign relatives(s). The required documents, form, and the fee should be sent to a Lockbox facility, where the evaluation of forms is done. Eligible applications will be sent to the service center, where the final decision will be made regarding the issuing of the visa.