Fiance / Fiance Visas & Family Immigration
Our immigration attorneys frequently assist couples seeking fiancee visas or marriage green cards, and even consult with entirely families looking to immigrate to the United States. The following is a brief overview of immigration processes for fiancees, spouses, children, and other family members.
Green Cards for Marriage and Family
U.S. citizens may petition USCIS to classify certain family members as immediate relatives by filing a family-based immigrant visa petition (Form I-130). Immediate relatives are not subject to immigrant visa numerical restrictions (“quotas”) and include:
- Spouses of U.S. citizens, such as those eligble for a so-called fiancee visa or marriage green card
- Children of U.S. citizens
- Parents of U.S. citizen children who have reached the age of 21
Certain other relatives of U.S. citizens and permanent resident aliens are subject to the annual quotas on visa issuance. These include:
|Preference Categories||Requirements To Qualify|
|1st Preference||Unmarried sons and daughters of U.S. Citizens|
|2nd Preference||Spouses and unmarried children of permanent residents; Unmarried sons and daughters of permanent residents|
|3rd Preference||Married sons and daughters of U.S. citizens|
|4th Preference||Siblings of U.S. citizens|
Family and Marriage Green Card Restrictions
Like employment-based immigrants, fiancee visa / marriage green card and other family-based applicants are assigned a priority date at the time the permanent resident petition (I-130) is filed with USCIS. Your immigration attorney will assist with filing documents for you and your family members seeking visas and/or green cards.
Each month DOS publishes a Visa Bulletin announcing the availability of immigrant visas according to priority date and country of birth. There are often long waiting lists for family-based applicants from over-subscribed countries such as India, Mexico and the Philippines. When the priority date is current, beneficiaries of family-based petitions may apply for fiancee visas or other family visas in the U.S. by filing an adjustment of status application (Form I-485) with USCIS in the U.S. or by applying for an immigrant visa at the U.S. consulate in the country of last residence.