US Family Visas

US Family Visas – Permanent and Temporary Residency

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US family visas encompass a range of options tailored to reunite families in the United States through both permanent residency and temporary visas. Permanent options include Family-Based Green Cards (F2A, F2B, F3, F4) obtained through the I-130 Petition, facilitating the immigration of spouses, children, and siblings of U.S. citizens or permanent residents. These visas offer a pathway to long-term settlement and employment authorization.

Conversely, temporary non-immigrant visas such as the K1 fiancé visa and K2, K3, and K4 visas cater to spouses and children, allowing temporary stays in the U.S. while awaiting permanent status. Each visa type has specific eligibility criteria and application processes, ensuring families can navigate the immigration system to achieve their desired status and reunification goals in the United States.

Permanent Immigrant – US Family Visas

A Family-Based Green Card allows U.S. citizens and lawful permanent residents to sponsor their relatives for permanent residency in the United States. This type of green card is essential for family reunification, offering a legal pathway for spouses, children, parents, and siblings to live and work in the U.S.

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The F2A visa category is designed for spouses and unmarried children under 21 of U.S. lawful permanent residents (green card holders). This visa allows families to reunite and live together in the United States while they await the approval of their permanent residency status.

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The F2B visa is intended for unmarried adult children (21 years and older) of U.S. lawful permanent residents. This visa category allows these individuals to reunite with their parents in the United States, offering them the opportunity to live and work while they await the approval of their permanent residency.

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The F3 visa is designated for the married children of U.S. citizens, enabling them to immigrate to the United States along with their spouses and minor children. This visa category ensures that entire family units can reunite and establish their lives in the U.S.

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The F4 visa, also known as the Sibling Visa, allows U.S. citizens to sponsor their brothers and sisters for immigration to the United States. This visa category enables siblings, along with their spouses and minor children, to reunite and build their lives together in the U.S.

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The I-130, Petition for Alien Relative, is a crucial step in family-based immigration to the United States. Filed by U.S. citizens or lawful permanent residents, this petition establishes the qualifying relationship between the petitioner and their foreign relative, such as a spouse, child, parent, or sibling.

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Temporary Non-Immigrant – US Family Visas

The K1 visa, also known as the fiancé(e) visa, allows a U.S. citizen to bring their foreign fiancé(e) to the United States to get married. This non-immigrant visa requires the couple to marry within 90 days of the fiancé(e)’s arrival in the U.S.

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The K2 visa is specifically designed for unmarried children under 21 of K1 visa holders, allowing them to accompany their parents to the United States. As dependents of a fiancé(e) visa holder, K2 visa recipients can live, study, and adapt to life in the U.S.

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The K3 visa is designed for the spouses of U.S. citizens, allowing them to enter the United States while their immigrant visa petitions are being processed. This non-immigrant visa facilitates family reunification, enabling couples to be together during the lengthy immigration process.

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The K4 visa allows the child dependents of K3 spouse visa holders to enter the United States, facilitating family reunification while the immigrant visa petitions are being processed.

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Marriage-Based Immigration Processes

The IR1 visa, also known as the Immediate Relative visa, is a marriage-based green card issued to spouses of U.S. citizens. This visa category is reserved for spouses who have been married for more than two years at the time of application.

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Marriage Fraud Waivers, formally known as waivers of the joint filing requirement to remove conditions on permanent residence (Form I-751), are granted by USCIS in cases where a conditional resident obtained their status through marriage, but the marriage has since ended, or there is evidence of abuse or extreme hardship if they were to return to their home country.

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When applying for a marriage green card via consular processing, you may receive either a CR-1 or an IR-1 visa, depending on the duration of your marriage at the time of application.

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Marriage-Based Adjustment of Status refers to the process by which an individual already in the United States can apply to become a lawful permanent resident (green card holder) based on their marriage to a U.S. citizen or lawful permanent resident.

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Removal Conditions on Permanent Residence” refers to the process that certain immigrants must undergo to remove the conditions attached to their permanent residency status in the United States.

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The VAWA (Violence Against Women Act) Self-Petition allows certain abused spouses, children, and parents of U.S. citizens or lawful permanent residents to self-petition for lawful permanent residency in the United States. This provision aims to protect individuals who are victims of domestic violence or abuse perpetrated by their U.S. citizen or lawful permanent resident family member.

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A Divorce Waiver, in the context of immigration, typically refers to a waiver that may be sought when a conditional resident’s marriage to a U.S. citizen or lawful permanent resident ends in divorce or annulment before they can jointly file to remove conditions on their permanent residence (Form I-751).

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