Family Based Immigration / Fiancé(e) Visas
Family based immigration is a two step process. First a citizen or lawful permanent resident of the U.S. must file a petition with U.S. Citizenship and Immigration Services on behalf of a qualifying family member. Once U.S. Citizenship and Immigration Services approves the petition, the family member may either apply for adjustment of status (if in the U.S.), or consular process to obtain their visa.
A U.S. citizen or lawful permanent resident may not simply apply for just any family member; they may only apply for immediate relatives and other close family members. The following groups are those that are eligible for family-based immigrant visas to the U.S.:
- Immediate Relatives of U.S. Citizens
The highest preference for family-based immigration to the U.S. is that of immediate relatives of U.S. citizens. There is no numerical limitation on the number of immediate relatives of citizens who may become permanent residents in any one year. This means that there is never a waiting period before an immediate relative can either process the immigrant visa at the consulate or adjust his or her status to that of a Lawful Permanent Resident of the U.S. Immediate relatives consist of :
- Spouses of U.S. citizens
- Children of U.S. citizens (the child must be unmarried and under the age of 21)
- Parents of adult U.S. citizens (the U.S. citizen must be 21 or older to petition for their parent(s))
- Close Family Members of U.S. Citizens
Specific groups of family members of U.S. citizens qualify to immigrate to the U.S. These family members are subject to annual numeric limitations, and the demand for visas far exceeds those made available by the U.S. government on an annual basis. As such, qualifying applicants are placed into "preference" categories based upon familial relationship, with more visas being issued to some preference categories than others. The preference categories are ranked in the following order:
- Unmarried Sons and Daughters (21 years of age or older) of U.S. Citizens
o Family First Preference, currently 23,400 visas issued yearly
- Married Sons and Daughters of U.S. Citizens
o Family Third Preference, currently 23,400 visas issued yearly
- Brothers and Sisters of U.S. Citizens
o Family Fourth Preference, currently 65,000 visas issued yearly
- Spouses and Unmarried Sons and Daughters of Lawful Permanent Residents
Similar to U.S. citizens, Lawful Permanent Residents may also sponsor certain close family members to join them in the U.S.; however, Lawful Permanent Residents may only sponsor: (1) Spouses and Children, and (2) Unmarried Sons and Daughters.
- Spouses and Children (unmarried and under 21 years of age) of Lawful Permanent Residents
o Family Second Preference A, 87,934 visas issued yearly
- Unmarried Sons and Daughters of Lawful Permanent Residents
o Family Second Preference B, 26,266 visas issued yearly
Fiancé(e) Visas
The U.S. immigration system does provide a visa classification for foreign nationals coming to the U.S. to marry a U.S. citizen – the “K-1.” To obtain the K-1 visa, a U.S. citizen must file a Petition for Alien Fiancé(e) with U.S. Citizenship and Immigration Services. Once approved, the Alien Fiancé(e) will be scheduled for a U.S. Consulate appointment in their home country for the issuance of the K-1 visa. The K-1 visa will allow the Alien Fiancé(e) to make a single entry to the U.S., and the U.S. citizen and the Alien Fiancé(e) must marry within 90 days of the Alien Fiancé(e)’s date of entry.
Additional Resources
If you would like to know more about Family Based Immigration or Fiancé(e) Visas, contact Matthew White of Udall, Shumway & Lyons PLC at (480) 461-5302 or mlw@udallshumway.com to schedule an initial consultation today!
Disclaimer/Reminder
The information provided herein is for informational purposes only and does not constitute legal advice. Udall, Shumway & Lyons PLC strongly recommends that individuals with immigration related matters retain the services of competent immigration counsel, such as Udall, Shumway & Lyons PLC, as general information of this nature can never replace informed counsel when specific immigration-related guidance is needed. Udall, Shumway & Lyons PLC in no way intends to create an attorney-client relationship with any individual who may read this document by simply providing this information.
A U.S. citizen or lawful permanent resident may not simply apply for just any family member; they may only apply for immediate relatives and other close family members. The following groups are those that are eligible for family-based immigrant visas to the U.S.:
- Immediate Relatives of U.S. Citizens
The highest preference for family-based immigration to the U.S. is that of immediate relatives of U.S. citizens. There is no numerical limitation on the number of immediate relatives of citizens who may become permanent residents in any one year. This means that there is never a waiting period before an immediate relative can either process the immigrant visa at the consulate or adjust his or her status to that of a Lawful Permanent Resident of the U.S. Immediate relatives consist of :
- Spouses of U.S. citizens
- Children of U.S. citizens (the child must be unmarried and under the age of 21)
- Parents of adult U.S. citizens (the U.S. citizen must be 21 or older to petition for their parent(s))
- Close Family Members of U.S. Citizens
Specific groups of family members of U.S. citizens qualify to immigrate to the U.S. These family members are subject to annual numeric limitations, and the demand for visas far exceeds those made available by the U.S. government on an annual basis. As such, qualifying applicants are placed into "preference" categories based upon familial relationship, with more visas being issued to some preference categories than others. The preference categories are ranked in the following order:
- Unmarried Sons and Daughters (21 years of age or older) of U.S. Citizens
o Family First Preference, currently 23,400 visas issued yearly
- Married Sons and Daughters of U.S. Citizens
o Family Third Preference, currently 23,400 visas issued yearly
- Brothers and Sisters of U.S. Citizens
o Family Fourth Preference, currently 65,000 visas issued yearly
- Spouses and Unmarried Sons and Daughters of Lawful Permanent Residents
Similar to U.S. citizens, Lawful Permanent Residents may also sponsor certain close family members to join them in the U.S.; however, Lawful Permanent Residents may only sponsor: (1) Spouses and Children, and (2) Unmarried Sons and Daughters.
- Spouses and Children (unmarried and under 21 years of age) of Lawful Permanent Residents
o Family Second Preference A, 87,934 visas issued yearly
- Unmarried Sons and Daughters of Lawful Permanent Residents
o Family Second Preference B, 26,266 visas issued yearly
Fiancé(e) Visas
The U.S. immigration system does provide a visa classification for foreign nationals coming to the U.S. to marry a U.S. citizen – the “K-1.” To obtain the K-1 visa, a U.S. citizen must file a Petition for Alien Fiancé(e) with U.S. Citizenship and Immigration Services. Once approved, the Alien Fiancé(e) will be scheduled for a U.S. Consulate appointment in their home country for the issuance of the K-1 visa. The K-1 visa will allow the Alien Fiancé(e) to make a single entry to the U.S., and the U.S. citizen and the Alien Fiancé(e) must marry within 90 days of the Alien Fiancé(e)’s date of entry.
Additional Resources
If you would like to know more about Family Based Immigration or Fiancé(e) Visas, contact Matthew White of Udall, Shumway & Lyons PLC at (480) 461-5302 or mlw@udallshumway.com to schedule an initial consultation today!
Disclaimer/Reminder
The information provided herein is for informational purposes only and does not constitute legal advice. Udall, Shumway & Lyons PLC strongly recommends that individuals with immigration related matters retain the services of competent immigration counsel, such as Udall, Shumway & Lyons PLC, as general information of this nature can never replace informed counsel when specific immigration-related guidance is needed. Udall, Shumway & Lyons PLC in no way intends to create an attorney-client relationship with any individual who may read this document by simply providing this information.