Family Sponsored Green Cards: Petitions from US citizens or Permanent Resident relatives At the immigration and naturalization law firm of Muston & Jack, P.C., we help people secure US immigration status for immediate family members and other relatives. As a result of our lawyers’ success in these matters, our firm has built an outstanding reputation and is recognized for the quality of both our work and our client service. The relative immigrant petition, together with either adjustment of status (AOS) or consular processing, are immigration processes to obtain green cards for direct relatives of US Citizens and Permanent US Residents. Relatives that immigration classifies as “immediate relatives” may generally apply for the green card (permanent residency) right away, whereas petitions for other relatives are divided into categories based on the particular relationship and must wait for a visa to become available before they may apply for the green card. “Immediate relatives” are spouses of US citizens; parents of US citizens, if the US citizen is age 21 or older; children of US citizens, if the children are under age 21 and unmarried; and widows/widowers of US citizens, under certain circumstances. Relatives who are not “immediate relatives, ” yet who are still eligible for a green card through a relative petition include: adult children of US citizens, spouses and children of Lawful Permanent Residents (green card holders), and siblings of adult US citizens. Unlike “immediate relatives, ” these other relatives are divided into categories based on the particular relationship, and they must wait for a visa to become available for their category. The Department of State publishes the “Visa Bulletin” each month, letting applicants know when they may apply for the green card.
Even under ideal circumstances, getting married requires a great deal of planning and effort. Marriage between a U.S. citizen and a foreign national requires more. If you are currently engaged to a citizen of a foreign nation, minimize any unnecessary delays and talk to an experienced immigration lawyer long before you actually plan to marry.
At MJ Law, we have helped hundreds of individuals to obtain K-1 fiancée visas. Immigration is the only type of law we practice and our experience with all aspects of it can make a tremendous difference for you.
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The following information is intended to provide you with general information about the K1 Fiance visa. For answers to other questions or to discuss your specific situation contact us directly to schedule a consultation.
The purpose of the K1 Fiancé visa is to bring the fiance/fiancee of a US Citizen to the United States so they can get married here, instead of forcing the US Citizen to travel to the foreign country just to get married.
The K1 process itself is complicated. In a nutshell, the process is to first file the fiancé case with the USCIS. Then the case will be transferred to the NVC and finally to the selected consulate abroad.. After the consular interview, which can only be done in consulates or embassies that handle permanent residence interviews, the beneficiary (foreign national) is given the K1 Fiancé visa and six months time to enter the US. The beneficiary then has to get married within 90 days of his/her arrival.
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Now, if the couple decides not to get married, the foreign national cannot change status to any other type of non-immigrant visa or do an adjustment of status within the US, except through the person that originally filed the K1 Fiancé visa petition. That means that if the couple does not get married within 90 days of the foreign national’s arrival, the foreign national must depart the United States.
The fiancé can marry a different US citizen, but he/she will have to leave the US and have another consular interview in order to return to the US. The same restriction applies to K2 visas for unmarried children under 21 who can accompany the parent to the US.
If the couple gets married as planned, we then prepare and file the adjustment of status (green card) case. At that time we can apply for an employment authorization card to allow the foreign national to work, and an advanced parole document to allow him/her to travel outside the US while they are awaiting the adjustment of status interview. Another thing to keep in mind is that if someone is getting residence through a spouse and on the date the case is approved (which is often the date of the interview) the beneficiary has been married for less than 2 years, he/she will get a conditional resident card, not the 10 year permanent resident card.
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The couple will need to file a form I-751 (Removal of Conditions) near the end of the 2 years in order for the foreign spouse to keep his/her status as a Lawful Permanent Resident. . Any accompanying children will get the 2 year conditional resident card too, and if the restriction is removed on the parent’s residency, it will also be removed on the children’s one.
If you do everything properly, there will be no interruption in your ability to work and travel during this transition. If you do not file the I-751 on time, the USCIS will typically send you a Notice to Appear (NTA) putting you in removal (deportation) proceedings. You never want to see one of those letters!
The K1 Fiancé visa process is rather long and arduous. However, we would be happy to see you and your fiancé(e) through the process and make sure that things go as smoothly as possible. Mishandling of the K1 fiancé visa application may result in lost time, visa denials or arrest and deportation of the fiancé(e) where the USCIS suspects fraud.
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US citizens who will be getting married to a foreign national in the United States may petition for a fiancé classification (K1) for their fiancé. You and your fiancé must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé in person within the last two years before filing for the fiancé visa. This requirement can be waived only if meeting your fiancé in person would violate long-established customs, or if meeting your fiancé would create extreme hardship for you. You and your fiancé must marry within 90 days of your fiancé entering the United States.
Before filing an I-130 relative petition for permanent residence for an adopted child, the US Citizen or Permanent Resident must meet the following two conditions:
This means that if you go to a foreign country to adopt a child, you have to somehow get the child to the US and get the 2 years actual physical custody here, unless you either are willing to go to the foreign country and get the 2 years actual custody or unless you have had at least 2 years actual custody of the child sometime in the past and you can prove it. The 2 year actual custody can be before you got the legal custody.
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When you contact our firm for an initial consultation, we will take the time to educate and explain the immigration laws, regulations and the visa application procedures for your particular case. As a client, you will receive personal attention and work directly with an experienced attorney who will be able to answer any questions you have and keep you informed and aware of new developments as your case moves forward.
I-130 and AOS: Adjustment of status for spouse and children of a US resident FAMILY PETITION: SECOND PREFERENCE > SPOUSE / CHILDREN OF US PERMANENT RESIDENTS (LPR)
Any permanent resident (or conditional resident) can file for an I-130 petition for permanent residence for their spouse and unmarried children. This is the family sponsored second preference. Spouses and unmarried children under 21 are F2A preference, and unmarried children over 21 are F2B preference.
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The quota for F2B available petitions is 26, 266 per year. Because there are more people applying than the number of visas available on these categories, there are substantial waiting lists.
Any unmarried children under 21 years old can accompany the principal beneficiary. If the principal beneficiary entered the US legally and remained legally until the priority date is reached, he/she can have an adjustment of status (AOS) in the local USCIS office within the US. If not, then he/she and their dependents must travel to their country of origin and have a consular interview there.
The general rule in this type of case is that spouses and unmarried children under 21 years old can accompany the principal beneficiary on the case. Normally, if the child turns 21 years old before the priority date is reached, the child is out of the case, but there is a law called the CSPA (Child Status Protection Act) that lets a child over 21 years old adjust status with the parent petitioner under certain circumstances. Talk to an immigration attorney about this issue if the accompanying children are close, or even 21 years old.
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If the beneficiary entered the US legally and
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