LAWAMERICA
Family Immigration
• Experienced English-speaking attorneys are available for your immigrant visa petition for your spouse.
Lawyers at LawAmerica welcome all U.S. citizens or green card holders who want to bring their spouse into the U.S. by helping him/her to get a U.S. immigrant visa.
We can consult English-speaking customers through face-to-face meetings, telephone, and/or email at their convenience.
• Visa Categories for Family Immigration
Fiancé Visa (K-1)
The K-1 visa is for the foreign-citizen fiancé of a U.S. citizen who plans to travel to the U.S. and marry his or her U.S. citizen sponsor within 90 days of arrival.
Visa Process
1. Submit an I-129 application packet to USCIS.
2. Apply for a K-1 visa at the U.S. Embassy.
3. Enter the U.S. with a K-1 visa and report his/her marriage to state government.
4. Submit an I-485 (adjustment of status) to USCIS.
5. USCIS may request that the U.S. citizen sponsor and his/her spouse appear for an interview.
6. Receive a green card by mail.
7. If the spouse has been married to the U.S. citizen sponsor for less than 2 years when he/she receives a green card, he/she needs to remove the conditions on his/her permanent resident status before the expiration of his/her conditional green card.
Immediate Relative Immigrant Visas
A spouse of a U.S. citizen, an unmarried child of a U.S. citizen under the age of 21, or a parent of a U.S. citizen who is at least 21 years old can apply for a green card without any waiting time.
| IR-1 | Foreign spouses of the U.S. citizens |
| IR-2 | U.S. citizen’s minor child who is below 21 |
| IR-3 | A child who is adopted outside the U.S. |
| IR-4 | A child who are coming to the U.S. for adoption |
| IR-5 | A parent of a U.S. citizen who is at least 21 |
Family Preference Immigrant Visas
Family members who are not immediate relatives may need to wait until their priority date is reached.
| First (F1) | Unmarried sons and daughters of U.S. citizens |
| Second (F2A) | Spouses and children of permanent residents |
| Second (F2B) | Unmarried sons and daughters (21 years of age or older) of permanent residents |
| Third (F3) | Married sons and daughters of U.S. citizens |
| Fourth (F4) | Brothers and sisters of adult U.S. citizens |
Process
If a U.S. citizen or green card holder’s spouse lives outside the U.S.
1. Submit an I-130 application packet to USCIS.
2. If the I-130 is approved, then submit the required documents to the National Visa Center for the visa applicant’s interview.
3. U.S. Embassy notifies the visa interview date.
4. If a visa applicant passes the interview, an immigrant visa is issued.
5. After the visa applicant enters the U.S. with the immigrant visa, a green card is delivered by mail.
*If the visa applicant has been married to the visa petitioner for less than 2 years when he/she enters the U.S., he/she needs to remove the conditions on his/her permanent resident status before the expiration of his/her conditional green card.
If a U.S. citizen or green card holder’s spouse currently lives in the U.S.
1. Submit I-130 and I-485 (change of status) application packets to USCIS.
2. The foreign spouse of the U.S. citizen or the green card holder has an interview at one of USCIS’s field offices.
3. The green card is delivered to the foreign spouse’s mailing address in the U.S.
*If the foreign spouse has been married to the U.S. citizen or the green card holder for less than 2 years when he/she receives a green card, he/she needs to remove the conditions on his/her permanent resident status before the expiration of his/her conditional green card.
