10:00 - 6:00
Opening Hours Mon. - Fri.
407.392.0209
Schedule a Consultation
Facebook
Twitter
Instagram
  • Home
  • Our Team
  • Practice Areas
    • Citizenship/Naturalization
    • DACA & Other Exceptions
    • Deportation Defense
    • Family Petitions
    • Humanitarian Options & Asylum
    • Investor Visas
    • Marriage & Fiancee Visas
    • Visa Extensions
    • Student Visas
    • Waivers
    • Work Visas
    • LGBT Fiance Visa & Immigration
  • News & Resources
    • News & Updates
    • Immigration Resources
  • Our Clients
  • Contact
407.392.0209

Family Petitions

March 13, 2017AsteraLawResources

Family based immigration consists of various familial relationships with a U.S. Citizen or Lawful Permanent Resident that permit a foreign national to obtain permanent immigration status.

U.S. Citizens may petition for their spouses, children under the age of 21, parents, unmarried sons and daughters over the age of 21, married sons and daughters and brothers and sisters.  U.S. citizens may also petition for their fiancé(e).

Lawful permanent residents may petition for their spouses, children under the age of 21 and unmarried sons and daughters over the age of 21.

Family based immigration is further broken down into immediate relatives and preference categories creating a very specific hierarchy of immigration processing.  Immediate relatives receive immediate visa availability and therefore can apply for an immigrant visa as soon as basic administrative processing of their case is completed.  Furthermore, immediate relatives are immediately eligible to apply for adjustment of status.  Immediate relatives include the following:

  • Spouses of U.S. citizens

  • Children of U.S. citizens

  • Parents of U.S. citizens

All other qualifying familial relationships make up the preference categories.  Preference categories indicate that the foreign national relative must wait an approximate period of time after a relative petition is approved before the foreign national relative is eligible to apply for an immigrant visa or adjustment of status. This is also known as waiting until your priority date is current to apply for an immigrant visa or adjustment of status.  The family based preference categories are organized as follows:

  • First preference (F1): Unmarried sons and daughters of U.S. citizens (age 21 and over)

  • Second preference (F2A): Spouses and children of Lawful Permanent Residents

  • Second preference (F2B): Unmarried sons and daughters of Lawful Permanent Residents (age 21 and over)

  • Third preference (F3): Married sons and daughters of U.S. citizens

  • Fourth preference (F4): Brothers and Sisters of U.S. citizens

Fiancé(e)

A fiancé visa is used for those U.S. citizens whose fiancé(e) is living abroad and the couple wishes to get married in the United States.  If issued, the fiancé(e) visa allows the foreign national fiancé(e) to travel to the United States on a K-1 visa and receive an entry of 90 days. The foreign national must marry the U.S. citizen within the 90-day entry or return to the country of origin prior to the expiration of the 90-day entry.  A fiancé(e) petition requires a showing of the following:

    • The petitioner is a U.S. citizen.

    • The petitioner and foreign national fiancé(e) intend to marry within 90 days of the foreign national fiance’s entering the United States.

    • The U.S. citizen and foreign national fiancé(e) are legally free to marry, i.e., that any previous marriages have legally ended.

    • The U.S. citizen and foreign national fiancé(e) have met, in person, at least once within 2 years of filing the Fiance(e) Petition, unless a waiver applies. A waiver may be available if:

      • The in-person meeting requirement would violate strict and long-established customs of your fiancé(e)’d foreign culture or social practice.

      • If you prove that the in-person meeting requirement to meet would result in extreme hardship to you.

Once the U.S. citizen and foreign national fiancé(e) are married, the foreign national must file for lawful permanent resident status through the adjustment of status process.  The adjustment of status process allows the foreign national to remain in the United States while USCIS processes the application.

K-3/K-4 Nonimmigrant Visas

A K-3 nonimmigrant visa is available to spouses of U.S. citizens and the K-4 nonimmigrant visa is available to children of U.S. citizens.  The visas allow these spouses and children to be admitted to the United States as nonimmigrants while they are awaiting the adjudication of the Relative Petitions (Form I-130) filed on their behalf by the U.S. citizen.

Eligibility for a K-3 nonimmigrant visa requires the foreign national to meet the following criteria:

      • Be married to a U.S. Citizen;

      • Have a pending Form I-130 filed by the U.S. citizen spouse on his or her behalf.

Eligibility for a K-4 nonimmigrant visa requires the foreign national child to meet the following criteria:

      • Be unmarried, under 21, and the child of a qualified K-3 nonimmigrant visa applicant.

The K-3/K-4 nonimmigrant process requires the filing of Form I-130, Relative Petition and Form I-129F, Petition for Alien Fiance(e).  If the I-129F Petition is approved, it will be forwarded to the U.S. Department of State for consular processing.

Once admitted to the United States, K-3/K-4 nonimmigrants may apply to adjust status to permanent resident at any time.  K-3/K-4 nonimmigrants may also obtain employment authorization once admitted to the United States.

K-3/K-4 nonimmigrants are only admitted in that status for a period of 2-years.  Extension of status in 2-year increments may be available as long as the marriage-based I-130 visa petition or application for adjustment of status or visa application is still pending adjudication.

Related Posts

Student Visas

February 27, 2017AsteraLaw

Employment Based Non-Immigrant Visas

July 21, 2017AsteraLaw

SCOTUS strikes down citizenship law because of different treatment based on parent’s gender

July 21, 2017AsteraLaw

26 Comments. Leave new

breakfast for keto diet
August 7, 2021 12:18 pm

what can you drink on a keto diet https://ketodietplanus.com/

gay mormon dating
August 9, 2021 10:59 am

dating site for mature gay men https://gaychatrooms.org/

young gay dating sites
August 9, 2021 11:29 am

all gay dating show https://freegaychatnew.com/

gay gym dating
August 9, 2021 1:03 pm

gay dating duluth mn https://gaychatgay.com/

altanta gerogia gay dating
August 10, 2021 5:06 pm

does eharmony offer gay dating https://gaychatus.com/

gay amish dating
September 8, 2021 3:35 pm

grandpa gay dating sites https://datinggayservices.com/

dating as a gay christian
September 9, 2021 3:57 am

gay senior dating site https://gay-singles-dating.com/

gay latinos dating
September 10, 2021 1:25 pm

dating free gay site web https://gayonlinedating.net/

am.i too ugly for gay dating
September 11, 2021 3:43 am

russian scams gay dating https://gayedating.com/

gay dating atwater ca
September 11, 2021 6:15 am

gay buddhist dating https://gaydatingcanada.com/

what to write for college essay
September 29, 2021 12:10 am

essays to write https://essaywritercentral.com/

essay writing site
September 29, 2021 11:49 am

essay writing books https://essayghostwriter.com/

writing persuasive essay
October 12, 2021 8:22 pm

writing a college essay https://essaypoints.com/

admission essay writing
October 13, 2021 12:59 am

websites to write essays https://essaysnet.com/

write good essay
October 14, 2021 4:38 pm

analysis essay writing https://onlinecasinos4me.com/

pay someone to write my essay
October 14, 2021 11:24 pm

write a essay about yourself https://online2casino.com/

no deposit bonus online casino
October 26, 2021 7:28 pm

casino sites https://casinosonlinex.com/

no deposit welcome bonus casino
October 27, 2021 8:22 am

welcome bonus no deposit https://casinoonlinek.com/

bonus casino
October 27, 2021 11:48 pm

mobile casino https://onlinecasinoad.com/

writing an analytical essay
October 29, 2021 4:37 pm

help me write a essay https://buy1essay.com/

write persuasive essay
October 29, 2021 6:25 pm

writing essay for college application https://multiessay.com/

writing argument essay
October 30, 2021 10:44 am

write an essay for me https://student-essay.com/

free gay sex games
November 24, 2021 2:14 pm

sex games of miley cyrus https://cybersexgames.net/

games to warm up my girl for sex
November 25, 2021 1:49 am

3d sex games japan https://sexgameszone.com/

sex phone games
November 26, 2021 2:58 pm

harley quinn sex games https://winsexgames.com/

naked sex games
November 27, 2021 1:01 am

my little pony games sex https://sex4games.com/

Recent Posts

  • FAQ Fridays August 10, 2017
  • DHS Provides Relief to American Businesses in Danger of Suffering Irreparable Harm July 21, 2017
  • Employment Based Non-Immigrant Visas July 21, 2017
  • SCOTUS strikes down citizenship law because of different treatment based on parent’s gender July 21, 2017
  • DACA – Deferred Action for Childhood Arrivals March 15, 2017
  • Extensions of Stay/Status March 14, 2017
  • Family Petitions March 13, 2017
  • Non-immigrant Investor Visas March 12, 2017
  • Naturalization March 11, 2017
  • Student Visas February 27, 2017

Archives

  • August 2017 (1)
  • July 2017 (3)
  • March 2017 (5)
  • February 2017 (2)

Categories

  • Blog (4)
  • Resources (7)

Tags

asylum business citizenship deportation family FAQ Fridays H1B immigration investor social Sponsored strategies Student Video visas
ABOUT ASTERA LAW GROUP

At Astera Law Group, we focus exclusively on the practice of immigration law. We have a passion for guiding our clients through their immigration journey and we do it well.

Our connection with the immigration process is a personal one. All of our founding members are either immigrants or have a direct immigrant connection. Thus, our Slogan: by Immigrants, For Immigrants.

PRACTICE AREAS
  • Citizenship/Naturalization
  • DACA & Other Exceptions
  • Deportation Defense
  • Family Petitions
  • Humanitarian Options & Asylum
  • Investor Visas
  • Marriage & Fiancee Visas
  • Visa Extensions
  • Student Visas
  • Waivers
  • Work Visas
  • LGBT Fiance Visa & Immigration
CONTACT US
Office Address:
3361 Rouse Rd, Suite 130
Orlando, FL 32817
Phone: 407.392.0209
Email: info@asteralaw.com
Facebook
Twitter
LinkedIn
Avvo

© Copyright 2017. ASTERA LAW GROUP. All Rights Reserved. POWERED BY COMMETA