Family Visa Lawyer in San Jose

The Immigration and Nationality Act allows foreign citizens to immigrate to the U.S. and obtain their green card based on their family relationship to a U.S. citizen or legal permanent resident.
There are five classifications for family-based immigrations:

  • Spouse and children under 21 years of age of a U.S. citizens
  • Unmarried sons and daughters of U.S. citizens
  • Spouses, children under 21, and unmarried sons and daughters of permanent U.S. residents
  • Married sons and daughters of U.S. citizens
  • Brothers and sisters of adult U.S. citizens

In order to obtain a family based immigrant visa, the relative must fall within one of the following categories:

  • Immediate Relative: Spouse, Parent, Children under 21 years of age of a U.S.Citizen
  • First Preference: Unmarried sons and daughters (children over 21 years of age) of U.S. Citizens
  • Second Preference: Spouses, children under 21 (2A) and unmarried sons and daughters (children over 21 years of age) of a US permanent residentThird Preference: Married sons and daughters of a U.S. Citizen
  • Fourth Preference: Brothers and sisters of a U.S.Citizen

K1 Visa (Fiancé or Fiancée of U.S. Citizens
U.S. Immigration law allows three methods for U.S. citizens to bring spouses to the United States: the K-1 Fiancé(e) Visa , K-3 Visa and the Immediate Relative Immigrant Visa. The K1 fiancé(e) visa is available to foreign citizens who would like to marry American citizens and reside permanently in the U.S
Benefits of the K1 Fiancé(e) Visa

  • The K1 fiancé(e) visa generally has a shorter waiting period compared to marriage-based immigration visa petitions.
  • You can apply for a work permit
  • Your children can accompany you to the U.S. on the K-2 dependent visa as long as they are named in the fiancé(e) visa petition

Requirements for the K1 Visa
You are eligible for the K1 fiancé(e) visa if:

  • You and your fiancé(e) are legally eligible to marry under the laws of your country as well as the laws of the U.S.
  • You will marry the petitioning U.S. citizen within 90 days of entering the U.S.
  • You intend to enter the U.S. solely to marry the U.S. citizen
  • You have met the U.S. citizen within the last two years before filing for the K1 fiancé(e) visa. However, this requirement can be waived only if meeting your fiancé(e) in person would violate long-established customs, or would create extreme hardship for you

K3/K4 Visa (Spouse or Child of US Citizen)
The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category within the immigration law that allows the spouse or child of a U.S. citizen to be admitted to the United States in a nonimmigrant category. The admission allows the spouse or child to complete processing for permanent residence while in the United States. It also allows those admitted in the new category to have permission for employment while they await processing of their case to permanent resident status.
Who is Eligible?
A person may receive a K-3 visa if that person:

  • has concluded a valid marriage with a citizen of the United States;
  • has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;
  • seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,
  • has an approved Form I-129F, Petition for Alien Fiance(e), forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse
  • A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.

If you need assistance in applying for a family-based immigration visa, contact
the Law Offices of Indu Liladhar-Hathi.