family-based visas

K-1: Fiance or Fiancee of U.S. Citizen

1) Must enter the U.S. to marry a U.S. Citizen

2) Must be legally able to marry under the laws of both countries (of lawful age, all prior marriages have been properly terminated)

3) Must marry within 90 days of entry

4) Cannot change or extend status after entry into U.S. and visa cannot be applied for while beneficiary is in the U.S.

5) Visa is issued for 180 days and must be used to enter the U.S. before the expiration date in the visa

6) K-1 visa holders may apply for work authorization after entering the U.S.

7) Child of K-1 visa holder can come on K-2 visa (child must be unmarried and under 21)

TIP: Generally due to longer processing times for an immigrant visa (green card), it may be quicker to apply for a fiancé visa (to marry in U.S. for example) than to apply for a spousal visa (marrying in the foreign country).

K-3: Spouse of U.S. Citizen

1) Allows spouses of U.S. Citizens to await their green cards in the U.S.

2) K-3 visa holders may apply for work authorization after entering the U.S.

3) Child of K-3 visa holder can come on K-4 visa (child must be unmarried and under 21)

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Sponsoring a Relative for a Green Card

Green card holders and U.S. Citizens can both sponsor various relatives for permanent residence (green cards). U.S. Citizens can sponsor certain family members that green card holders cannot sponsor. Additionally, U.S. Citizens can petition for a fiance/fiancee to come to the U.S. to be married, while a green card holder is not given the same privilege. The person filing the petition is called the Petitioner. The person you are filing for is called the Beneficiary.

Your Status	Who You Can Petition	Beneficiary's Category
Citizen	Husband/Wife	Immediate Relative
Citizen (& you are at least 21)	Parent	Immediate Relative
Citizen	Unmarried Child Under 21	Immediate Relative
Citizen	Unmarried Son/Daughter 21 & over	Preference Relative
Citizen	Married Son/Daughter of any age	Preference Relative
Citizen (& you are at least 21)	Brother/Sister	Preference Relative
Green Card Holder	Husband/Wife	Preference Relative
Green Card Holder	Unmarried Son/Daughter of any age	Preference Relative

What is the difference between an Immediate Relative and Preference Relative?

An immediate relative has an immigrant visa (green card) immediately available to them. An immediate relative does not have to wait for an immigrant visa number to be available. Once a visa petition is filed for an immediate relative and the petition is approved by USCIS, the visa will be immediately available. The wait involved for an immediate relative is due to the green card processing time. In contrast, a preference relative does not have the benefit of an immediately available immigrant visa number. A preference relative must wait for a visa number to become available which can be several years, even more than a decade in some circumstances. The preference categories and current average waiting periods (as of December 2007) are outlined below:

Preference Relative	Preference Category	Average Wait Time
Unmarried Son/Daughter 21 & over of U.S. Citizen	Family First Preference	6 Years (15 Years for Mexico & Philippines)
Husband/Wife and Unmarried Son/Daughter of any age of Green Card Holder	Family Second Preference	5 Years for Husband/Wife and children under 21 (10 Years/16 Years for Mexico for Unmarried Son/Daughter 21 & over)
Married Son/Daughter of U.S. Citizen	Family Third Preference	8 Years (16 Years for Mexico)
Brother/Sister of U.S. Citizen	Family Fourth Preference	11 Years (14 Years for Mexico/22 Years for Philippines)

The wait times are determined by checking current priority dates. The U.S. Department of State posts the priority dates, monthly in a chart called the Visa Bulletin. The posted wait times can change from month to month. Countries such as Mexico, India and the Philippines have longer waiting times since the demand for immigrant visas are higher there than in other countries.

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This page provides only a general overview of the types of immigration services we provide. Click on the individual categories for more information on each type of immigration benefit. Please contact us for a free consultation and let us know the nature of your case. For more information on new developments in immigration, please see the What's New & F.A.Q. section.