Family-based immigration allows U.S. citizens and Green Card holders to petition for non-U.S. family members to join them in the United States, serving as the main pathway for reuniting families.

Petitioners can file for one of the following relative visas:

Immediate Relative:

• Spouse of a U.S. citizen
• Parent of a U.S. citizen
• Unmarried child under 21 of a U.S. citizen

Preference Categories:
First Preference (F1):

• Unmarried sons and daughters of U.S. citizens

Second Preference (F2):

• F2A: Spouses and children of permanent residents
• F2B: Unmarried sons and daughters (21 years or older) of permanent residents

Third Preference (F3):

• Married sons and daughters of U.S. citizens

Fourth Preference (F4):

• Brothers and sisters of adult U.S. citizens

Application Process:
A U.S. citizen or permanent resident family member must file Form I-130 and supporting documents with USCIS on behalf of the applicant.

If the applicant is already in the U.S. under a different status (if your relative falls under “immediate relative” category they can file for a green card even if their nonimmigrant status has already expired):

• They can file Form I-485, Application to Register Permanent Residence or Adjust Status, which can be filed simultaneously with Form I-130.
• File Form I-864, affidavit of support.

If the applicant is outside the U.S.:

• They must wait for USCIS to approve the I-130 and transfer the case to the National Visa Center.
• They must complete Form DS-260 online and submit supporting documents.
• They must attend an interview at a U.S. Embassy or Consulate where a consular official will determine their green card eligibility.

Family-based immigration is a lengthy and complex process involving many rules and forms. A skilled family immigration lawyer can help streamline the application, navigate laws and regulations, avoid common mistakes and delays, and increase the chances of reuniting with family in the United States. Please contact us for a consultation.

Marriage-Based Green Card
Receiving a marriage-based green card, whether conditional or permanent, involves a complex process of submitting forms, documents, and evidence to prove to USCIS that the marriage is genuine and intended to be permanent. The removal of conditions process, which can take months due to various factors like processing times, interviews, biometrics, and requests for additional evidence, ultimately grants the immigrant spouse a permanent green card if the application is approved.

Conditional Green Card
If you are married less than 2 years at the time of adjudication of your adjustment of status application, you as the foreign national will receive conditional green card, valid for two years. To replace it with a permanent green card, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence, within the 90 days before the card's expiration. The couple must provide proof of their bona fide marriage, such as joint residence evidence, financial records, and other supporting documents.

If you are married more than 2 years at the time of adjudication of your adjustment of status application, you as the foreign national will receive a permanent green card valid for 10 years. It can be later renewed for another 10 years each time, and, unlike the conditional green card process, this does not require proving the marriage's continued authenticity to USCIS.

Waiver of the Joint Filing Requirement
If the applicant's marriage to the U.S. citizen or lawful permanent resident has ended, the application process is more stringent. An I-751 Waiver is required, as it requests to waive the joint filing requirement. USCIS officers scrutinize I-751 waiver applications more thoroughly than joint filings, so the application must be well-supported with evidence proving the marriage was bona fide and was entered in good faith despite its end.

Consulting an experienced family-based immigration attorney is recommended to navigate this process smoothly. Please contact our office for a consultation.

Our team assists foreign national partners of U.S. citizens worldwide in obtaining K-1/K-2 and K-3/K-4 fiancé/ spouse visas, facilitating their journey to reunite in the United States.

K-1/K-2 Fiancé Visa

• The K-1 visa allows the foreign-citizen fiancé to travel to the U.S. and marry their U.S. citizen partner within 90 days of arrival.
• Accompanying children can obtain K-2 visas to accompany their parent to the United States.

K-3/K-4 Spouse Visa

• The K-3 nonimmigrant visa is for foreign-citizen spouses of U.S. citizens to shorten physical separation by awaiting immigrant visa petition approval in the U.S.
• Children of K-3 visa holders can apply for K-4 visas to join their parents.

Eligibility and Requirements for a Fiancé Visa

• The petitioning fiancé must be a U.S. citizen.
• Both fiancés must be single and provide proof of termination of any previous marriages.
• The couple must be eligible to marry under U.S. law, including same-sex couples.
• The U.S. citizen petitioner’s income must meet at least 100% of the HHS Federal Poverty Guidelines.
• The couple must have met in person at least once within the past two years.
• Foreign-citizen fiancé must attend a medical examination by a US consulate or embassy approved physician.
• Foreign-citizen fiancé must not be convicted of a serious crime.
• The relationship must be genuine and not entered into for immigration evasion purposes.

Our experienced lawyers guide clients through every step, from filing the I-129F petition to navigating the visa application and interview process, ensuring compliance with all fiancé visa requirements for a smooth transition to the United States.